82_FR_2445 82 FR 2440 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

82 FR 2440 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range2440-2442
FR Document2017-00133

FMCSA announces its decision to renew exemptions of four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (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.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Pages 2440-2442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00133]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions of four 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (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.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were effective on November 6, 2015. The 
exemptions will expire on November 6, 2017. Comments must be received 
on or before February 8, 2017.

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 from 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0107 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., 
Monday

[[Page 2441]]

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., 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 of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 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.

    In addition to the regulations, FMCSA has published advisory 
criteria 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.]
    The four individuals listed in this notice have requested renewal 
of their exemptions from the Epilepsy and Seizure Disorders prohibition 
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. 
Accordingly, FMCSA has evaluated these applications for renewal on 
their merits and decided to extend each exemption for a renewable two-
year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the four applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (78 FR 67449). In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce.
    The four drivers in this notice remain in good standing with the 
Agency, have maintained their medical monitoring and have not exhibited 
any medical issues that would compromise their ability to safely 
operate a CMV during the previous two-year exemption period. FMCSA has 
concluded that renewing the exemptions for each of these applicants is 
likely to achieve a level of safety equal to that existing without the 
exemption. Therefore, FMCSA has decided to renew each exemption for a 
two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each 
driver has received a renewed exemption.
    As of November 6, 2015, the following four drivers has satisfied 
the renewal conditions for obtaining an exemption from the Epilepsy and 
Seizure Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs 
in interstate commerce (78 FR 67449): Christopher Bird (OH); Edward 
Nissenbaum (PA); Stephen Stawinsky (PA); and George Webb (MA). The 
drivers were included in FMCSA-2013-0107. The exemptions were effective 
on November 6, 2015, and will expire on November 6, 2017.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must remain seizure-free and maintain a stable 
treatment during the two-year exemption period; (2) each driver must 
submit annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each 
driver must provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file, or keep a 
copy of his/her driver's qualification file if he/she is self-employed. 
The driver must also have a copy of the exemption when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official. The exemption will be rescinded if: (1) The person fails to 
comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the four exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the Epilepsy 
and Seizure Disorders requirement in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.


[[Page 2442]]


    Issued on: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00133 Filed 1-6-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                2440                           Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices

                                                evidence submitted and, if safety is                    391.41(b)(8), from driving CMVs in                     DEPARTMENT OF TRANSPORTATION
                                                being compromised or if continuation of                 interstate commerce (79 FR 73690):
                                                the exemption would not be consistent                     Charles Blood (NY)                                   Federal Motor Carrier Safety
                                                with the goals and objectives of 49                       Raymond Lobo (NJ)                                    Administration
                                                U.S.C. 31136(e) and 31315, FMCSA will                     Randy Pinto (PA)                                     [Docket No. FMCSA–2013–0107]
                                                take immediate steps to revoke the                        Brent Robinson (NC)
                                                exemption of a driver.                                    Douglas Teigland (MN)                                Qualification of Drivers; Exemption
                                                III. Basis for Renewing Exemptions                        Joseph Thomas (MD)                                   Applications; Epilepsy and Seizure
                                                                                                          James Spece (PA)                                     Disorders
                                                   Under 49 U.S.C. 31315(b)(1), an
                                                exemption may be granted for no longer                    These drivers were included in                       AGENCY: Federal Motor Carrier Safety
                                                than two years from its approval date                   FMCSA–2013–0442. The exemptions                        Administration (FMCSA), DOT.
                                                and may be renewed upon application.                    were effective on April 23, 2016, and                  ACTION: Notice of renewal of
                                                In accordance with 49 U.S.C. 31136(e)                   will expire on April 23, 2018.                         exemptions; request for comments.
                                                and 31315, each of the 11 applicants has                  The exemptions are extended subject
                                                satisfied the conditions for obtaining an               to the following conditions: (1) Each                  SUMMARY:    FMCSA announces its
                                                exemption from the Epilepsy and                         driver must remain seizure-free and                    decision to renew exemptions of four
                                                Seizure Disorder requirements and were                  maintain a stable treatment during the                 individuals from the requirement in the
                                                published in the Federal Register (79                   two-year exemption period; (2) each                    Federal Motor Carrier Safety
                                                FR 70917; 79 FR 73690; 79 FR 23054).                    driver must submit annual reports from                 Regulations (FMCSRs) that interstate
                                                In addition, for Commercial Driver’s                    their treating physicians attesting to the             commercial motor vehicle (CMV)
                                                License (CDL) holders, the Commercial                   stability of treatment and that the driver             drivers have ‘‘no established medical
                                                Driver’s License information System                     has remained seizure-free; (3) each                    history or clinical diagnosis of epilepsy
                                                (CDLIS) and the Motor Carrier                           driver must undergo an annual medical                  or any other condition which is likely
                                                Management Information System                           examination by a certified Medical                     to cause loss of consciousness or any
                                                (MCMIS) are searched for crash and                      Examiner, as defined by 49 CFR 390.5;                  loss of ability to control a CMV.’’ The
                                                violation data. For non-CDL holders, the                and (4) each driver must provide a copy                exemptions enable these individuals
                                                Agency reviews the driving records                      of the annual medical certification to                 who have had one or more seizures and
                                                from the State Driver’s Licensing                       the employer for retention in the                      are taking anti-seizure medication to
                                                Agency (SDLA). These factors provide                    driver’s qualification file, or keep a copy            continue to operate CMVs in interstate
                                                an adequate basis for predicting each                   of his/her driver’s qualification file if              commerce.
                                                driver’s ability to continue to safely                  he/she is self-employed. The driver                    DATES: The exemptions were effective
                                                operate a CMV in interstate commerce.                   must also have a copy of the exemption                 on November 6, 2015. The exemptions
                                                   The 11 drivers in this notice remain                 when driving, for presentation to a duly               will expire on November 6, 2017.
                                                in good standing with the Agency, have                  authorized Federal, State, or local                    Comments must be received on or
                                                maintained their medical monitoring                     enforcement official. The exemption                    before February 8, 2017.
                                                and have not exhibited any medical                      will be rescinded if: (1) The person fails
                                                issues that would compromise their                                                                             FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                        to comply with the terms and                           Christine A. Hydock, Chief, Medical
                                                ability to safely operate a CMV during                  conditions of the exemption; (2) the
                                                the previous two-year exemption                                                                                Programs Division, 202–366–4001,
                                                                                                        exemption has resulted in a lower level                fmcsamedical@dot.gov, FMCSA,
                                                period. FMCSA has concluded that                        of safety than was maintained before it
                                                renewing the exemptions for each of                                                                            Department of Transportation, 1200
                                                                                                        was granted; or (3) continuation of the                New Jersey Avenue SE., Room W64–
                                                these applicants is likely to achieve a                 exemption would not be consistent with
                                                level of safety equal to that existing                                                                         224, Washington, DC 20590–0001.
                                                                                                        the goals and objectives of 49 U.S.C.                  Office hours are from 8:30 a.m. to 5
                                                without the exemption. Therefore,                       31136(e) and 31315.
                                                FMCSA has decided to renew each                                                                                p.m., e.t., Monday through Friday,
                                                exemption for a two-year period. In                     IV. Preemption                                         except Federal holidays. If you have
                                                accordance with 49 U.S.C. 31136(e) and                                                                         questions regarding viewing or
                                                                                                           During the period the exemption is in               submitting material to the docket,
                                                31315, each driver has received a                       effect, no State shall enforce any law or
                                                renewed exemption.                                                                                             contact Docket Services, telephone (202)
                                                                                                        regulation that conflicts with this                    366–9826.
                                                   As of April 8, 2016, the following four              exemption with respect to a person
                                                individuals have satisfied the renewal                  operating under the exemption.                         ADDRESSES: You may submit comments
                                                conditions for obtaining an exemption                                                                          bearing the Federal Docket Management
                                                from the Epilepsy and Seizure Disorders                 V. Conclusion                                          System (FDMS) Docket No. FMCSA–
                                                prohibition in 49 CFR 391.41(b)(8), from                  Based upon its evaluation of the 11                  2013–0107 using any of the following
                                                driving CMVs in interstate commerce                     exemption applications, FMCSA renews                   methods:
                                                (79 FR 70917; 79 FR 23054): Jeffrey                     the exemptions of the aforementioned                     • Federal eRulemaking Portal: Go to
                                                Ballweg (WI); Michael Ranalli (PA);                     drivers from the Epilepsy and Seizure                  http://www.regulations.gov. Follow the
                                                Lonnie Reicker (IL); and Jay Whitehead                  Disorders requirement in 49 CFR                        online instructions for submitting
                                                (NY). These drivers were included in                    391.41(b)(8). In accordance with 49                    comments.
                                                FMCSA–2011–0389; and FMCSA–2012–                        U.S.C. 31136(e) and 31315, each                          • Mail: Docket Management Facility;
                                                                                                                                                               U.S. Department of Transportation, 1200
sradovich on DSK3GMQ082PROD with NOTICES




                                                0294; FMCSA–2013–0109. The                              exemption will be valid for two years
                                                exemptions were effective on April 8,                   unless revoked earlier by FMCSA.                       New Jersey Avenue SE., West Building
                                                2016, and will expire on April 8, 2018.                                                                        Ground Floor, Room W12–140,
                                                   As of April 23, 2016, the following                    Issued on: December 29, 2016.                        Washington, DC 20590–0001.
                                                seven individuals have satisfied the                    Larry W. Minor,                                          • Hand Delivery: West Building
                                                renewal conditions for obtaining an                     Associate Administrator for Policy.                    Ground Floor, Room W12–140, 1200
                                                exemption from the Epilepsy and                         [FR Doc. 2017–00132 Filed 1–6–17; 8:45 am]             New Jersey Avenue SE., Washington,
                                                Seizure Disorders prohibition in 49 CFR                 BILLING CODE 4910–EX–P                                 DC, between 9 a.m. and 5 p.m., Monday


                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00132   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1


                                                                               Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices                                               2441

                                                through Friday, except Federal                          MEDICAL ADVISORY CRITERIA,                             accordance with 49 U.S.C. 31136(e) and
                                                Holidays.                                               section H. Epilepsy: § 391.41(b)(8),                   31315, each driver has received a
                                                  • Fax: 1–202–493–2251.                                paragraphs 3, 4, and 5.]                               renewed exemption.
                                                   Instructions: Each submission must                     The four individuals listed in this                     As of November 6, 2015, the following
                                                include the Agency name and the                         notice have requested renewal of their                 four drivers has satisfied the renewal
                                                docket number(s) for this notice. Note                  exemptions from the Epilepsy and                       conditions for obtaining an exemption
                                                that all comments received will be                      Seizure Disorders prohibition in 49 CFR                from the Epilepsy and Seizure Disorders
                                                posted without change to http://                        391.41(b)(8), in accordance with
                                                                                                                                                               prohibition in 49 CFR 391.41(b)(8), from
                                                www.regulations.gov, including any                      FMCSA procedures. Accordingly,
                                                                                                                                                               driving CMVs in interstate commerce
                                                personal information provided. Please                   FMCSA has evaluated these
                                                                                                                                                               (78 FR 67449): Christopher Bird (OH);
                                                see the Privacy Act heading below for                   applications for renewal on their merits
                                                                                                                                                               Edward Nissenbaum (PA); Stephen
                                                further information.                                    and decided to extend each exemption
                                                                                                                                                               Stawinsky (PA); and George Webb (MA).
                                                   Docket: For access to the docket to                  for a renewable two-year period.
                                                                                                                                                               The drivers were included in FMCSA–
                                                read background documents or                            II. Request for Comments                               2013–0107. The exemptions were
                                                comments, go to http://                                                                                        effective on November 6, 2015, and will
                                                www.regulations.gov at any time or                         Interested parties or organizations
                                                                                                        possessing information that would                      expire on November 6, 2017.
                                                Room W12–140 on the ground level of
                                                the West Building, 1200 New Jersey                      otherwise show that any, or all, of these              IV. Conditions and Requirements
                                                Avenue SE., Washington, DC, between 9                   drivers are not currently achieving the
                                                a.m. and 5 p.m., Monday through                         statutory level of safety should                         The exemptions are extended subject
                                                Friday, except Federal holidays. The                    immediately notify FMCSA. The                          to the following conditions: (1) Each
                                                FDMS is available 24 hours each day,                    Agency will evaluate any adverse                       driver must remain seizure-free and
                                                                                                        evidence submitted and, if safety is                   maintain a stable treatment during the
                                                365 days each year. If you want
                                                                                                        being compromised or if continuation of                two-year exemption period; (2) each
                                                acknowledgment that we received your
                                                                                                        the exemption would not be consistent                  driver must submit annual reports from
                                                comments, please include a self-
                                                                                                        with the goals and objectives of 49                    their treating physicians attesting to the
                                                addressed, stamped envelope or
                                                                                                        U.S.C. 31136(e) and 31315, FMCSA will                  stability of treatment and that the driver
                                                postcard or print the acknowledgement
                                                                                                        take immediate steps to revoke the                     has remained seizure-free; (3) each
                                                page that appears after submitting
                                                                                                        exemption of a driver.                                 driver must undergo an annual medical
                                                comments online.
                                                   Privacy Act: In accordance with 5                    III. Basis for Renewing Exemptions                     examination by a certified Medical
                                                U.S.C. 553(c), DOT solicits comments                                                                           Examiner, as defined by 49 CFR 390.5;
                                                                                                           Under 49 U.S.C. 31315(b)(1), an                     and (4) each driver must provide a copy
                                                from the public to better inform its                    exemption may be granted for no longer
                                                rulemaking process. DOT posts these                                                                            of the annual medical certification to
                                                                                                        than two years from its approval date                  the employer for retention in the
                                                comments, without edit, including any                   and may be renewed upon application.
                                                personal information the commenter                                                                             driver’s qualification file, or keep a copy
                                                                                                        In accordance with 49 U.S.C. 31136(e)                  of his/her driver’s qualification file if
                                                provides, to http://www.regulations.gov,                and 31315, each of the four applicants
                                                as described in the system of records                                                                          he/she is self-employed. The driver
                                                                                                        has satisfied the conditions for                       must also have a copy of the exemption
                                                notice (DOT/ALL–14 FDMS), which can                     obtaining an exemption from the
                                                be reviewed at http://www.dot.gov/                                                                             when driving, for presentation to a duly
                                                                                                        Epilepsy and Seizure Disorder                          authorized Federal, State, or local
                                                privacy.                                                requirements and were published in the                 enforcement official. The exemption
                                                I. Background                                           Federal Register (78 FR 67449). In                     will be rescinded if: (1) The person fails
                                                                                                        addition, for Commercial Driver’s                      to comply with the terms and
                                                   Under 49 U.S.C. 31136(e) and 31315,                  License (CDL) holders, the Commercial
                                                FMCSA may grant an exemption for two                                                                           conditions of the exemption; (2) the
                                                                                                        Driver’s License information System                    exemption has resulted in a lower level
                                                years if it finds ‘‘such exemption would                (CDLIS) and the Motor Carrier
                                                likely achieve a level of safety that is                                                                       of safety than was maintained before it
                                                                                                        Management Information System                          was granted; or (3) continuation of the
                                                equivalent to or greater than the level                 (MCMIS) are searched for crash and
                                                that would be achieved absent such                                                                             exemption would not be consistent with
                                                                                                        violation data. For non-CDL holders, the               the goals and objectives of 49 U.S.C.
                                                exemption.’’ The statute also allows the                Agency reviews the driving records
                                                Agency to renew exemptions at the end                                                                          31136(e) and 31315.
                                                                                                        from the State Driver’s Licensing
                                                of the two-year period.                                 Agency (SDLA). These factors provide                   V. Preemption
                                                   The physical qualification standard                  an adequate basis for predicting each
                                                for drivers regarding epilepsy found in                 driver’s ability to continue to safely                    During the period the exemption is in
                                                49 CFR 391.41(b)(8) states that a person                operate a CMV in interstate commerce.                  effect, no State shall enforce any law or
                                                is physically qualified to drive a CMV                     The four drivers in this notice remain              regulation that conflicts with this
                                                if that person:                                         in good standing with the Agency, have                 exemption with respect to a person
                                                   Has no established medical history or                maintained their medical monitoring                    operating under the exemption.
                                                clinical diagnosis of epilepsy or any other             and have not exhibited any medical                     VI. Conclusion
                                                condition which is likely to cause the loss of          issues that would compromise their
                                                consciousness or any loss of ability to control         ability to safely operate a CMV during                   Based upon its evaluation of the four
                                                a CMV.                                                  the previous two-year exemption                        exemption applications, FMCSA renews
sradovich on DSK3GMQ082PROD with NOTICES




                                                  In addition to the regulations, FMCSA                 period. FMCSA has concluded that                       the exemptions of the aforementioned
                                                has published advisory criteria to assist               renewing the exemptions for each of                    drivers from the Epilepsy and Seizure
                                                Medical Examiners in determining                        these applicants is likely to achieve a                Disorders requirement in 49 CFR 391.41
                                                whether drivers with certain medical                    level of safety equal to that existing                 (b)(8). In accordance with 49 U.S.C.
                                                conditions are qualified to operate a                   without the exemption. Therefore,                      31136(e) and 31315, each exemption
                                                CMV in interstate commerce. [49 CFR                     FMCSA has decided to renew each                        will be valid for two years unless
                                                part 391, APPENDIX A TO PART 391—                       exemption for a two-year period. In                    revoked earlier by FMCSA.


                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00133   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1


                                                2442                           Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices

                                                  Issued on: December 29, 2016.                         public purpose with no further                         DEPARTMENT OF THE TREASURY
                                                Larry W. Minor,                                         obligation to the Government. 49 U.S.C.
                                                Associate Administrator for Policy.                     Section 5334(h)(l).                                    Alcohol and Tobacco Tax and Trade
                                                [FR Doc. 2017–00133 Filed 1–6–17; 8:45 am]                                                                     Bureau
                                                                                                        Determinations
                                                BILLING CODE 4910–EX–P                                                                                         [Docket No. TTB–2015–0012; Notice No.
                                                                                                           The Secretary may authorize a                       169]
                                                                                                        transfer for a public purpose other than
                                                DEPARTMENT OF TRANSPORTATION                            public transportation only if the                      Importation of Distilled Spirits, Wine,
                                                                                                        Secretary decides:                                     Beer, Malt Beverages, Tobacco
                                                Federal Transit Administration                             (A) The asset will remain in public                 Products, Processed Tobacco, and
                                                                                                        use for at least 5 years after the date the            Cigarette Papers and Tubes;
                                                Transfer of Federally Assisted Land or                                                                         Cancellation of Pilot Program Testing
                                                                                                        asset is transferred;
                                                Facility                                                                                                       Electronic Collection of Import Data
                                                                                                           (B) There is no purpose eligible for
                                                AGENCY:    Federal Transit Administration,              assistance under this chapter for which                AGENCY: Alcohol and Tobacco Tax and
                                                DOT.                                                    the asset should be used;                              Trade Bureau, Treasury.
                                                ACTION: Notice of intent to transfer                       (C) The overall benefit of allowing the             ACTION: Notice of cancellation of pilot
                                                Federally assisted land or facility.                    transfer is greater than the interest of the           program.
                                                                                                        Government in liquidation and return of
                                                SUMMARY:   Section 5334(h) of the Federal               the financial interest of the Government               SUMMARY:   The Alcohol and Tobacco Tax
                                                Transit Laws, as codified, 49 U.S.C.                    in the asset, after considering fair                   and Trade Bureau (TTB) is cancelling a
                                                5301, et seq., permits the Administrator                market value and other factors; and                    pilot program in which importers, U.S.
                                                of the Federal Transit Administration                                                                          Customs and Border Protection (CBP),
                                                (FTA) to authorize a recipient of FTA                      (D) Through an appropriate screening
                                                                                                        or survey process, that there is no                    and TTB tested, as part of the
                                                funds to transfer land or a facility to a                                                                      International Trade Data System (ITDS)
                                                public body for any public purpose with                 interest in acquiring the asset for
                                                                                                        Government use if the asset is a facility              project, the electronic collection of
                                                no further obligation to the Federal                                                                           import-related data required by TTB and
                                                Government if, among other things, no                   or land.
                                                                                                                                                               the transfer of that data to TTB. TTB has
                                                Federal agency is interested in acquiring               Federal Interest in Acquiring Land or                  amended its regulations to permanently
                                                the asset for Federal use. Accordingly,                 Facility                                               provide importers with the option to file
                                                FTA is issuing this Notice to advise                                                                           import-related data electronically along
                                                Federal Agencies that the Champaign                       This document implements the
                                                                                                        requirements of 49 U.S.C. Section                      with the filing of the entry or entry
                                                Transit System intends to transfer a 14,                                                                       summary with CBP, making the pilot
                                                850 square foot, one-story concrete                     5334(h)(l)(D). Accordingly, FTA hereby
                                                                                                        provides notice of the availability of the             program no longer necessary.
                                                block transit garage building to the
                                                                                                        Facility further described below. Any                  DATES: The cancellation of the pilot
                                                Champaign County Sherriff’s
                                                                                                        Federal agency interested in acquiring                 program is effective December 31, 2016.
                                                Department to store the sheriff’s
                                                department vehicles and equipment.                      the affected facility should promptly                  FOR FURTHER INFORMATION CONTACT: John
                                                Champaign County currently owns the                     notify the FTA.                                        Kyranos, Regulations and Rulings
                                                building.                                                 If no Federal agency is interested in                Division, Alcohol and Tobacco Tax and
                                                                                                        acquiring the existing Facility, FTA will              Trade Bureau, 1310 G Street NW., Box
                                                DATES:  Effective Date: Any Federal                                                                            12, Washington, DC 20005; telephone
                                                                                                        make certain that the other requirements
                                                agency interested in acquiring the                                                                             (202) 453–1039, extension 001; or email
                                                                                                        specified in 49 U.S.C. Section
                                                Facility must notify the FTA Region V                                                                          itds@ttb.gov.
                                                                                                        5334(h)(1)(A) through (C) are met before
                                                Office of its interest by February 8,                                                                             For technical questions related to the
                                                                                                        permitting the asset to be transferred.
                                                2017.                                                                                                          Automated Commercial Environment
                                                                                                          The facility is located at 308 Miami
                                                ADDRESSES:  Interested parties should                   Street, Urbana, Ohio and consists of                   (ACE) or Automated Broker Interface
                                                notify the Regional Office by writing to                approximately a 14,850 square foot, one-               (ABI) transmissions, contact Steven
                                                Marisol R. Simón, Regional                             story, concrete block, 12-bay transit                  Zaccaro at steven.j.zaccaro@
                                                Administrator, Federal Transit                          garage building. The building was built                cbp.dhs.gov.
                                                Administration, 200 West Adams, Suite                   in 1994 being approximately and has                    SUPPLEMENTARY INFORMATION:      In Notice
                                                320, Chicago, IL 60606.                                 poured concrete footers and concrete                   No. 156, a Federal Register notice
                                                FOR FURTHER INFORMATION CONTACT:                        slab floor. Other site improvements                    published on August 7, 2015 (80 FR
                                                Kathryn Loster, Regional Counsel, at                    consist of a concrete apron on                         47558), the Alcohol and Tobacco Tax
                                                312–353–3869.                                           approximately 3,262 SF which has                       and Trade Bureau (TTB) announced a
                                                SUPPLEMENTARY INFORMATION:                              approximately 8 lined diagonal spaces                  pilot program to test the collection and
                                                                                                        of parking and 145 lineal feet of guard                transfer of certain import data through
                                                Background                                              rail along the rear of the building.                   the Automated Commercial
                                                  49 U.S.C. Section 5334(h) provides                      If no Federal agency is interested in                Environment (ACE), which is
                                                guidance on the transfer of assets no                   acquiring the existing Facility, FTA will              maintained by U.S. Customs and Border
                                                longer needed. Specifically, if a                       make certain that the other requirements               Protection (CBP). This pilot was part of
                                                recipient of FTA assistance decides an                                                                         TTB’s effort to implement the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        specified in 49 U.S.C. Section
                                                asset acquired at least in part with                    5334(h)(1)(A) through (C) are met before               International Trade Data System (ITDS).
                                                federal assistance is no longer needed                  permitting the asset to be transferred.                The pilot program was open to
                                                for the purpose for which it was                                                                               importers of distilled spirits, wine, beer
                                                acquired, the Secretary of                              Marisol Simón,                                        and malt beverages, tobacco products,
                                                Transportation may authorize the                        Regional Administrator, FTA Region V.                  processed tobacco, and cigarette papers
                                                recipient to transfer the asset to a local              [FR Doc. 2017–00078 Filed 1–6–17; 8:45 am]             and tubes, and to U.S. government and
                                                governmental authority to be used for a                 BILLING CODE P                                         industrial alcohol users (referred to in


                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00134   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1



Document Created: 2018-10-24 11:10:59
Document Modified: 2018-10-24 11:10:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesThe exemptions were effective on November 6, 2015. The exemptions will expire on November 6, 2017. Comments must be received on or before February 8, 2017.
ContactMs. 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 from 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 Citation82 FR 2440 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR