82 FR 14104 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 50 (March 16, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 50 (March 16, 2017)
| Page Range | 14104-14106 | |
| FR Document | 2017-05256 |
[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)] [Notices] [Pages 14104-14106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05256] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0315] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from eight individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. DATES: Comments must be received on or before April 17, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0315 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov as described in the system records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a two-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The eight individuals listed in this notice have requested an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person: Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. [[Page 14105]] In addition to the regulations, FMCSA has published advisory criteria \1\ to assist Medical Examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs 3, 4, and 5.] --------------------------------------------------------------------------- \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. --------------------------------------------------------------------------- The advisory criteria state the following: If an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person's condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the Medical Examiner in consultation with the treating physician. Prior to considering certification, it is suggested there be a six- month waiting period from the time of the episode. Following the waiting period, it is suggested that the individual undergo a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, the driver may be qualified. In those individual cases where a driver had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti- seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers who have had a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for five years or more. As a result of Medical Examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified Medical Examiner based on the physical qualification standards and medical best practices. On January 15, 2013, in a Notice of Final Disposition entitled, ``Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate CMV drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' Since the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 3069). II. Qualifications of Applicants Brian Justin Brown Mr. Brown is a 37 year-old class A CDL holder in Pennsylvania. He has a history of a seizure disorder and his last seizure was October 2008. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Brown receiving an exemption. Adam Cutler Mr. Cutler is a 24 year-old driver in Maine. He has a history of epilepsy and his last seizure was in 2008. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Cutler receiving an exemption. Rick L. Gardener Mr. Gardener is a 58 year-old class A CDL holder in Wisconsin. He has a history of epilepsy and his last seizure was in 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Gardener receiving an exemption. Nathan J. Hanson Mr. Hanson is a 40 year-old driver in Wisconsin. He has a history of a seizure disorder and his last seizure was in 2006. He takes anti- seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Hanson receiving an exemption. Larry Henington Mr. Henington is a 58 year-old driver in Utah. He has a history of a seizure disorder and his last seizure was in 2003. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Henington receiving an exemption. Jason Speakman Mr. Speakman is a 37 year-old driver in Indiana. He has a history of a seizure disorder and his last seizure was in 1999. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Speakman receiving an exemption. Robert Lee Sprouse Jr. Mr. Sprouse is a 55 year-old driver in Virginia. He has a history of a seizure disorder and his last seizure was in 2003. He takes anti- seizure medication with the dosage and frequency remaining the same since 2014. His physician states that he is supportive of Mr. Sprouse receiving an exemption. Aaron M. Witt Mr. Witt is a 44 year-old driver in Nebraska. He has a history of a seizure disorder and his last seizure was in 1991. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Witt receiving an exemption. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ``FMCSA-2016-0315'' and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would [[Page 14106]] like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2016-0315 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: March 9, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-05256 Filed 3-15-17; 8:45 am] BILLING CODE 4910-EX-P
![14104 Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Notices
by the Department of Transportation, DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9
and, based on comments to the a.m. and 5 p.m., e.t., Monday through
proposed rule finalized on December 17, Federal Motor Carrier Safety Friday, except Federal holidays. The
2013, as discussed above, the data are Administration FDMS is available 24 hours each day,
no longer used by trucking associations. 365 days each year. If you want
[Docket No. FMCSA–2016–0315]
Insurance companies, consultants, law acknowledgment that we received your
firms, academia, trade publications and Qualification of Drivers; Exemption comments, please include a self-
others may use the data to assess Applications; Epilepsy and Seizure addressed, stamped envelope or
industry growth and its impact on the Disorders postcard or print the acknowledgement
economy, to identify industry changes page that appears after submitting
AGENCY: Federal Motor Carrier Safety comments online.
that may affect national transportation,
Administration (FMCSA), DOT. Privacy Act: In accordance with 5
and to monitor company financial
ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments
stability. The Bureau of Economic
exemption; request for comments. from the public to better inform its
Analysis (BEA) of the U.S. Department
of Commerce uses the data to inform the rulemaking process. DOT posts these
SUMMARY: FMCSA announces receipt of
national annual input-output and Gross comments, without edit, including any
applications from eight individuals for
Domestic Product (GDP) estimates. BEA personal information the commenter
an exemption from the prohibition in
uses the data to prepare estimates of provides, to http://www.regulations.gov
the Federal Motor Carrier Safety
as described in the system records
industry output and provide details on Regulations (FMCSRs) against persons
notice (DOT/ALL–14 FDMS), which can
inputs to supplement the information with a clinical diagnosis of epilepsy or
be reviewed at http://www.dot.gov/
on motor carriers of passengers any other condition that is likely to
privacy.
collected by the U.S. Census Bureau. cause a loss of consciousness or any loss
Title: Annual Report of Class I Motor of ability to control a commercial motor FOR FURTHER INFORMATION CONTACT: Ms.
Carriers of Passengers. vehicle (CMV) to drive in interstate Christine A. Hydock, Chief, Medical
commerce. If granted, the exemptions Programs Division, (202) 366–4001,
OMB Control Number: 2126–0031. would enable these individuals who fmcsamedical@dot.gov, FMCSA,
Type of Request: Extension of a have had one or more seizures and are Department of Transportation, 1200
currently approved information taking anti-seizure medication to New Jersey Avenue SE., Room W64–
collection. operate CMVs in interstate commerce. 224, Washington, DC 20590–0001.
Respondents: Motor Carriers. DATES: Comments must be received on Office hours are 8:30 a.m. to 5 p.m., e.t.,
or before April 17, 2017. Monday through Friday, except Federal
Estimated Number of Respondents: holidays. If you have questions
ADDRESSES: You may submit comments
408. regarding viewing or submitting
bearing the Federal Docket Management
Estimated Time per Response: 18 System (FDMS) Docket No. FMCSA– material to the docket, contact Docket
minutes. 2016–0315 using any of the following Services, telephone (202) 366–9826.
Expiration Date: April 30, 2017. methods: SUPPLEMENTARY INFORMATION:
Frequency of Response: Annually. • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the I. Background
Estimated Total Annual Burden: 122 online instructions for submitting
hours (408 responses × 18 minutes per Under 49 U.S.C. 31136(e) and 31315,
comments. FMCSA may grant an exemption from
response/60 = 122.4 rounded to 122). • Mail: Docket Management Facility; the FMCSRs for a two-year period if it
PUBLIC COMMENTS INVITED: You are asked U.S. Department of Transportation, 1200 finds ‘‘such exemption would likely
to comment on any aspect of this New Jersey Avenue SE., West Building achieve a level of safety that is
information collection, including: (1) Ground Floor, Room W12–140, equivalent to or greater than the level
Whether the proposed collection is Washington, DC 20590–0001. that would be achieved absent such
• Hand Delivery: West Building exemption.’’ The statute also allows the
necessary for the performance of
Ground Floor, Room W12–140, 1200 Agency to renew exemptions at the end
FMCSA’s functions; (2) the accuracy of
New Jersey Avenue SE., Washington, of the two-year period.
the estimated burden; (3) ways for DC, between 9 a.m. and 5 p.m., e.t.,
FMCSA to enhance the quality, Monday through Friday, except Federal The eight individuals listed in this
usefulness, and clarity of the collected Holidays. notice have requested an exemption
information; and (4) ways that the • Fax: 1–202–493–2251. from the epilepsy prohibition in 49 CFR
burden could be minimized without Instructions: Each submission must 391.41(b)(8). Accordingly, the Agency
reducing the quality of the collected include the Agency name and the will evaluate the qualifications of each
information. The agency will summarize docket number(s) for this notice. Note applicant to determine whether granting
or include your comments in the request that all comments received will be the exemption will achieve the required
for OMB’s clearance of this information posted without change to http:// level of safety mandated by statute.
collection. www.regulations.gov, including any The physical qualification standard
Issued under the authority of 49 CFR 1.87 personal information provided. Please for drivers regarding epilepsy found in
see the Privacy Act heading below for 49 CFR 391.41(b)(8) states that a person
mstockstill on DSK3G9T082PROD with NOTICES
on: March 9, 2017.
further information. is physically qualified to drive a CMV
Kelly Regal,
Docket: For access to the docket to if that person:
Associate Administrator for Office of read background documents or
Research and Information Technology. Has no established medical history or
comments, go to http:// clinical diagnosis of epilepsy or any other
[FR Doc. 2017–05258 Filed 3–15–17; 8:45 am] www.regulations.gov at any time or condition which is likely to cause the loss of
BILLING CODE 4910–EX–P Room W12–140 on the ground level of consciousness or any loss of ability to control
the West Building, 1200 New Jersey a CMV.
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![Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Notices 14105
In addition to the regulations, FMCSA from the regulatory requirement that Jason Speakman
has published advisory criteria 1 to interstate CMV drivers have ‘‘no established
medical history or clinical diagnosis of Mr. Speakman is a 37 year-old driver
assist Medical Examiners in in Indiana. He has a history of a seizure
epilepsy or any other condition which is
determining whether drivers with disorder and his last seizure was in
likely to cause loss of consciousness or any
certain medical conditions are qualified loss of ability to control a CMV.’’ Since the 1999. He takes anti-seizure medication
to operate a CMV in interstate January 15, 2013 notice, the Agency has with the dosage and frequency
commerce. [49 CFR part 391, published additional notices granting remaining the same since that time. His
APPENDIX A TO PART 391—MEDICAL requests from individuals for exemptions physician states that he is supportive of
ADVISORY CRITERIA, section H. from the regulatory requirement regarding Mr. Speakman receiving an exemption.
Epilepsy: § 391.41(b)(8), paragraphs 3, 4, epilepsy found in 49 CFR 391.41(b)(8).
and 5.] To be considered for an exemption from Robert Lee Sprouse Jr.
The advisory criteria state the the epilepsy prohibition in 49 CFR Mr. Sprouse is a 55 year-old driver in
following: 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the
Virginia. He has a history of a seizure
If an individual has had a sudden episode Agency’s Medical Expert Panel (MEP) (78 FR disorder and his last seizure was in
of a non-epileptic seizure or loss of 3069). 2003. He takes anti-seizure medication
consciousness of unknown cause that did not with the dosage and frequency
require anti-seizure medication, the decision II. Qualifications of Applicants remaining the same since 2014. His
whether that person’s condition is likely to physician states that he is supportive of
cause the loss of consciousness or loss of Brian Justin Brown
Mr. Sprouse receiving an exemption.
ability to control a CMV should be made on Mr. Brown is a 37 year-old class A
an individual basis by the Medical Examiner CDL holder in Pennsylvania. He has a Aaron M. Witt
in consultation with the treating physician. history of a seizure disorder and his last
Prior to considering certification, it is
Mr. Witt is a 44 year-old driver in
suggested there be a six-month waiting
seizure was October 2008. He takes anti- Nebraska. He has a history of a seizure
period from the time of the episode. seizure medication with the dosage and disorder and his last seizure was in
Following the waiting period, it is suggested frequency remaining the same since that 1991. He takes anti-seizure medication
that the individual undergo a complete time. His physician states that he is with the dosage and frequency
neurological examination. If the results of the supportive of Mr. Brown receiving an remaining the same since that time. His
examination are negative and anti-seizure exemption. physician states that he is supportive of
medication is not required, the driver may be Mr. Witt receiving an exemption.
qualified. Adam Cutler
In those individual cases where a driver Mr. Cutler is a 24 year-old driver in III. Request for Comments
had a seizure or an episode of loss of
Maine. He has a history of epilepsy and In accordance with 49 U.S.C. 31136(e)
consciousness that resulted from a known
medical condition (e.g., drug reaction, high his last seizure was in 2008. He takes and 31315, FMCSA requests public
temperature, acute infectious disease, anti-seizure medication with the dosage comment from all interested persons on
dehydration, or acute metabolic disturbance), and frequency remaining the same since the exemption petitions described in
certification should be deferred until the that time. His physician states that he is this notice. We will consider all
driver has recovered fully from that supportive of Mr. Cutler receiving an comments received before the close of
condition, has no existing residual exemption. business on the closing date indicated
complications, and is not taking anti-seizure in the dates section of the notice.
medication. Rick L. Gardener
Drivers who have a history of epilepsy/ IV. Submitting Comments
seizures, off anti-seizure medication and
Mr. Gardener is a 58 year-old class A
CDL holder in Wisconsin. He has a You may submit your comments and
seizure-free for 10 years, may be qualified to
operate a CMV in interstate commerce. history of epilepsy and his last seizure material online or by fax, mail, or hand
Interstate drivers who have had a single was in 2004. He takes anti-seizure delivery, but please use only one of
unprovoked seizure may be qualified to drive medication with the dosage and these means. FMCSA recommends that
a CMV in interstate commerce if seizure-free frequency remaining the same since that you include your name and a mailing
and off anti-seizure medication for five years time. His physician states that he is address, an email address, or a phone
or more. supportive of Mr. Gardener receiving an number in the body of your document
As a result of Medical Examiners so that FMCSA can contact you if there
misinterpreting advisory criteria as
exemption.
are questions regarding your
regulation, numerous drivers have been Nathan J. Hanson
prohibited from operating a CMV in submission.
interstate commerce based on the fact that Mr. Hanson is a 40 year-old driver in To submit your comment online, go to
they have had one or more seizures and are Wisconsin. He has a history of a seizure http://www.regulations.gov and in the
taking anti-seizure medication, rather than an disorder and his last seizure was in search box insert the docket number
individual analysis of their circumstances by 2006. He takes anti-seizure medication ‘‘FMCSA–2016–0315’’ and click the
a qualified Medical Examiner based on the with the dosage and frequency search button. When the new screen
physical qualification standards and medical remaining the same since 2013. His appears, click on the blue ‘‘Comment
best practices. Now!’’ button on the right hand side of
physician states that he is supportive of
On January 15, 2013, in a Notice of Final
Mr. Hanson receiving an exemption. the page. On the new page, enter
Disposition entitled, ‘‘Qualification of
Drivers; Exemption Applications; Epilepsy information required including the
Larry Henington specific section of this document to
and Seizure Disorders,’’ (78 FR 3069),
Mr. Henington is a 58 year-old driver which each comment applies, and
mstockstill on DSK3G9T082PROD with NOTICES
FMCSA announced its decision to grant
requests from 22 individuals for exemptions in Utah. He has a history of a seizure provide a reason for each suggestion or
disorder and his last seizure was in recommendation. If you submit your
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= 2003. He takes anti-seizure medication comments by mail or hand delivery,
e47b48a9ea42dd67d999246e23d97970& with the dosage and frequency submit them in an unbound format, no
mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
remaining the same since that time. His larger than 81⁄2 by 11 inches, suitable for
2015-title49-vol5/pdf/CFR-2015-title49-vol5- physician states that he is supportive of copying and electronic filing. If you
part391-appA.pdf. Mr. Henington receiving an exemption. submit comments by mail and would
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like to know that they reached the 192.911(c), an IM program must contain changes for active or inactive threats.
facility, please enclose a stamped, self- ‘‘[a]n identification of threats to each An operator must continually monitor
addressed postcard or envelope. covered pipeline segment, which must operations and maintenance (O&M) and
We will consider all comments and include data integration and a risk other activities, integrating relevant
materials received during the comment assessment. An operator must use the information during a threat analysis that
period. FMCSA may issue a final threat identification and risk assessment might indicate a change in the status of
determination any time after the close of to prioritize covered segments for a threat. Some operators inappropriately
the comment period. assessment (section 192.917) and to label threats as inactive after they are
evaluate the merits of additional eliminated from consideration during
V. Viewing Comments and Documents preventive measures and mitigative prior reviews and assessments, ignoring
To view comments, as well as any measures (section 192.935) for each the continuous supply of new
documents mentioned in this preamble, covered segment.’’ Further requirements information provided during routine
go to http://www.regulations.gov and in detailed in section 192.921(a) state, O&M activities.
the search box insert the docket number ‘‘[a]n operator must select the Some operators have opted to
FMCSA–2016–0315 and click ‘‘Search.’’ [assessment] method or methods best eliminate threats from consideration
Next, click ‘‘Open Docket Folder’’ and suited to address the threats identified based on a lack of data, including
you will find all documents and to the covered segment.’’ The threats to missing, incomplete, or unsubstantiated
comments related to this notice. a particular pipeline segment dictate the data. Using insufficient data to
Issued on: March 9, 2017. type of assessments the operator must eliminate a threat is not technically
Larry W. Minor,
perform to fulfill the requirements of justified and is contrary to the guidance
section 192.921(a). in ASME B31.8S–2004, Appendices A1–
Associate Administrator for Policy. According to the Standard established
[FR Doc. 2017–05256 Filed 3–15–17; 8:45 am] A9. Each of these appendices includes
by the American Society of Mechanical
language that states, ‘‘[w]here the
BILLING CODE 4910–EX–P Engineers (ASME), ASME B31.8S–2004,
operator is missing data, conservative
Section 2.2, an operator must consider
assumptions shall be used when
nine individual threat categories as part
DEPARTMENT OF TRANSPORTATION of an IM program. As stated by ASME performing the risk assessment or,
B31.8S–2004, Section 5.10, an IM alternatively, the segment shall be
Pipeline and Hazardous Materials prioritized higher.’’ Additionally,
program should provide criteria for
Safety Administration section 192.947(d) requires that
eliminating a threat from consideration
[Docket No. PHMSA–2016–0131] during a risk assessment; however, 49 operators maintain, ‘‘[d]ocuments to
CFR part 192—Subpart O does not support any decision, analysis and
Pipeline Safety: Deactivation of include provisions for the permanent process developed and used to
Threats elimination of threats. An operator, implement and evaluate each element of
therefore, must continually consider all the baseline assessment plan and
AGENCY: Pipeline and Hazardous integrity management program.’’ Section
Materials Safety Administration threats in the evaluation of their IM
program through periodic reviews and 192.947(d) further states, ‘‘[d]ocuments
(PHMSA), DOT. include those developed and used in
assessments, as required by section
ACTION: Notice; issuance of advisory support of any identification,
192.937.
bulletin. PHMSA acknowledges that threats calculation, amendment, modification,
may be categorized as active, requiring justification, deviation and
SUMMARY: PHMSA is issuing this determination made, and any action
Advisory Bulletin to inform owners and an integrity assessment, or inactive,
meaning that during a specific taken to implement and evaluate any of
operators of gas transmission pipelines the program elements.’’
that PHMSA has developed guidance on assessment cycle the threat does not
threat identification and the minimum trigger an integrity assessment, per PHMSA provides the following
criteria for deactivation of threats, as section 192.921(a). Operators, however, guidance for determining the active or
established by a previously issued rule. must understand that threats to a inactive status of the nine threat
This Advisory Bulletin also provides pipeline are not static, but vary over categories, with the understanding that
guidance to gas transmission pipeline time. Changes in threats can occur the status of a threat will change over
operators regarding documenting their suddenly, as in the case of catastrophic time:
rationale of analyses, justifications, outside forces like hurricanes,
earthquakes, or down-slope land Time-Dependent Threats
determinations, and decisions related to
movements, or they can be gradual 1. External Corrosion
threat deactivation.
changes, such as the introduction of
FOR FURTHER INFORMATION CONTACT: new wet-production gas sources into a For steel pipelines, the threat of
Allan Beshore by phone at (816) 329– previously dry gas environment. Issues external corrosion may never be
3811 or email at allan.beshore@dot.gov. may also develop into active threats eliminated.
All materials in this docket may be over time, such as coating degradation
accessed electronically at http:// 2. Internal Corrosion
that allows stress corrosion cracking or
www.regulations.gov. Information about external corrosion to develop. In other An operator should consider the past
PHMSA may be found at http:// cases, threats may become inactive over operational history of the pipeline,
www.phmsa.dot.gov. time due to pipeline replacement including, but not limited to: Upset
mstockstill on DSK3G9T082PROD with NOTICES
SUPPLEMENTARY INFORMATION: programs, the implementation of conditions, gas monitoring (including
effective preventative actions, or other partial-pressure analysis), bacterial
I. Background improvements to systems. culture tests, flow direction and rates,
A critical element in an integrity The periodic review required by gas sources, solid and liquid analyses,
management (IM) program is the section 192.937 for a mature IM plan critical angles and liquid holdup points,
identification of threats to pipeline must include the re-analysis of the nine pigging and other cleaning history, the
integrity. As required by section threat categories to determine status presence of internal coatings, chemical
VerDate Sep<11>2014 17:12 Mar 15, 2017 Jkt 241001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/82_FR_14154/page/3.svg)
Document Created: 2017-03-16 02:18:59
Document Modified: 2017-03-16 02:18:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before April 17, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 14104 |
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