82_FR_43831 82 FR 43652 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

82 FR 43652 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range43652-43654
FR Document2017-19762

FMCSA announces its decision to renew exemptions for three 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 179 (Monday, September 18, 2017)
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43652-43654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19762]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0381; FMCSA-2014-0382; FMCSA-2015-0115]


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 for three 
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 renewed exemptions were applicable on June 10, 2017. The 
renewed exemptions will expire on June 10, 2019. Comments must be 
received on or before October 18, 2017.

[[Page 43653]]


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-2014-0381; FMCSA-2014-0382; 
FMCSA-2015-0115 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., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
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 three 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 three applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (80 FR 60744; 80 FR 55164; 80 FR 
57034). 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 three 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 for the following applicants:

Monte J. DeRocini (PA)
Teddy H. Dixon (GA)
Bryan R. Jones (PA)

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

[[Page 43654]]

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 three 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.

    Issued on: September 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19762 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                43652                     Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

                                                MEDICAL ADVISORY CRITERIA,                              System (MCMIS). For non-CDL holders,                  exempts the following drivers from the
                                                section H. Epilepsy: § 391.41(b)(8),                    the Agency reviewed the driving records               seizure standard, 49 CFR 391.41(b)(11),
                                                paragraphs 3, 4, and 5.]                                from the State Driver’s Licensing                     subject to the requirements cited above:
                                                                                                        Agency (SDLA). A summary of each                      Richard A. Bailey (IA)
                                                III. Discussion of Comments
                                                                                                        applicant’s seizure history was                       Roosevelt J. Chambers (WA)
                                                   FMCSA received no comments in this                   discussed in the June 29, 2017, Federal               Donnie D. Kuck (MT)
                                                proceeding. However, FMCSA was                          Register notice (82 FR 29624) and will                Mark A. Parish (GA)
                                                informed that the notice published on                   not be repeated in this notice.                       Mario A. Polomares (TX)
                                                June 29, 2017, identified the driver but                  These seven applicants have been                    Rickie M. Rineer (PA)
                                                not their resident State. It has been                   seizure-free over a range of 8–36 years               Timothy Wolsieffer (PA)
                                                corrected in this notice. Interested                    while taking anti-seizure medication                    In accordance with 49 U.S.C.
                                                parties or organizations possessing                     and have maintained a stable                          31315(b)(1), each exemption will be
                                                information that would otherwise show                   medication treatment regimen for the                  valid for two years from the effective
                                                that any, or all, of these drivers are not              last two years. In each case, the                     date unless revoked earlier by FMCSA.
                                                currently achieving the statutory level of              applicant’s treating physician verified               The exemption will be revoked if the
                                                safety should immediately notify                        his or her seizure history and supports               following occurs: (1) The person fails to
                                                FMCSA. The Agency will evaluate any                     the ability to drive commercially.                    comply with the terms and conditions
                                                adverse evidence submitted and, if                        The Agency acknowledges the                         of the exemption; (2) the exemption has
                                                safety is being compromised or if                       potential consequences of a driver                    resulted in a lower level of safety than
                                                continuation of the exemption would                     experiencing a seizure while operating a              was maintained prior to being granted;
                                                not be consistent with the goals and                    CMV. However, the Agency believes the                 or (3) continuation of the exemption
                                                objectives of 49 U.S.C. 31136(e) and                    drivers granted this exemption have                   would not be consistent with the goals
                                                31315, FMCSA will take immediate                        demonstrated that they are unlikely to                and objectives of 49 U.S.C. 31136 and
                                                steps to revoke the exemption of a                      have a seizure and their medical                      31315.
                                                driver.                                                 condition does not pose a risk to public
                                                                                                                                                                Issued on: September 8, 2017.
                                                IV. Basis for Exemption Determination                   safety.
                                                                                                          Consequently, FMCSA finds that in                   Larry W. Minor,
                                                   Under 49 U.S.C. 31136(e) and                         each case exempting these applicants                  Associate Administrator for Policy.
                                                31315(b), FMCSA may grant an                            from the epilepsy/seizure standard in 49              [FR Doc. 2017–19757 Filed 9–15–17; 8:45 am]
                                                exemption from the epilepsy/seizure                     CFR 391.41(b)(8) is likely to achieve a               BILLING CODE 4910–EX–P
                                                standard in 49 CFR 391.41(b)(8) if the                  level of safety equal to that existing
                                                exemption is likely to achieve an                       without the exemption.
                                                equivalent or greater level of safety than                                                                    DEPARTMENT OF TRANSPORTATION
                                                would be achieved without the                           V. Conditions and Requirements
                                                exemption. The exemption allows the                       The terms and conditions of the                     Federal Motor Carrier Safety
                                                applicants to operate CMVs in interstate                exemption are provided to the                         Administration
                                                commerce.                                               applicants in the exemption document
                                                   In reaching the decision to grant these                                                                    [Docket No. FMCSA–2014–0381; FMCSA–
                                                                                                        and includes the following: (1) Each                  2014–0382; FMCSA–2015–0115]
                                                exemption requests, FMCSA considered                    driver must remain seizure-free and
                                                the 2007 recommendations of the                         maintain a stable treatment during the                Qualification of Drivers; Exemption
                                                Agency’s Medical Expert Panel (MEP).                    two-year exemption period; (2) each                   Applications; Epilepsy and Seizure
                                                The January 15, 2013, Federal Register                  driver must submit annual reports from                Disorders
                                                notice (78 FR 3069) provides the current                their treating physicians attesting to the
                                                MEP recommendations which is the                        stability of treatment and that the driver            AGENCY: Federal Motor Carrier Safety
                                                criteria the Agency uses to grant seizure               has remained seizure-free; (3) each                   Administration (FMCSA), DOT.
                                                exemptions.                                             driver must undergo an annual medical                 ACTION: Notice of renewal of
                                                   The Agency’s decision regarding these                examination by a certified Medical                    exemptions; request for comments.
                                                exemption applications is based on an                   Examiner, as defined by 49 CFR 390.5;
                                                individualized assessment of each                                                                             SUMMARY:   FMCSA announces its
                                                                                                        and (4) each driver must provide a copy
                                                applicant’s medical information,                                                                              decision to renew exemptions for three
                                                                                                        of the annual medical certification to
                                                including the root cause of the                                                                               individuals from the requirement in the
                                                                                                        the employer for retention in the
                                                respective seizure(s) and medical                                                                             Federal Motor Carrier Safety
                                                                                                        driver’s qualification file, or keep a copy
                                                information about the applicant’s                                                                             Regulations (FMCSRs) that interstate
                                                                                                        of his/her driver’s qualification file if
                                                seizure history, the length of time that                                                                      commercial motor vehicle (CMV)
                                                                                                        he/she is self-employed. The driver
                                                has elapsed since the individual’s last                                                                       drivers have ‘‘no established medical
                                                                                                        must also have a copy of the exemption
                                                seizure, the stability of each individual’s                                                                   history or clinical diagnosis of epilepsy
                                                                                                        when driving, for presentation to a duly
                                                treatment regimen and the duration of                                                                         or any other condition which is likely
                                                                                                        authorized Federal, State, or local
                                                time on or off of anti-seizure                                                                                to cause loss of consciousness or any
                                                                                                        enforcement official.
                                                medication. In addition, the Agency                                                                           loss of ability to control a CMV.’’ The
                                                reviewed the treating clinician’s                       VI. Preemption                                        exemptions enable these individuals
                                                medical opinion related to the ability of                  During the period the exemption is in              who have had one or more seizures and
                                                the driver to safely operate a CMV with                                                                       are taking anti-seizure medication to
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                                                                                                        effect, no State shall enforce any law or
                                                a history of seizure and each applicant’s               regulation that conflicts with this                   continue to operate CMVs in interstate
                                                driving record found in the Commercial                  exemption with respect to a person                    commerce.
                                                Driver’s License Information System                     operating under the exemption.                        DATES: The renewed exemptions were
                                                (CDLIS) for commercial driver’s license                                                                       applicable on June 10, 2017. The
                                                (CDL) holders, and interstate and                       VII. Conclusion                                       renewed exemptions will expire on June
                                                intrastate inspections recorded in the                    Based upon its evaluation of the seven              10, 2019. Comments must be received
                                                Motor Carrier Management Information                    exemption applications, FMCSA                         on or before October 18, 2017.


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                                                                          Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices                                             43653

                                                FOR FURTHER INFORMATION CONTACT:      Ms.               provides, to http://www.regulations.gov,              and 31315, each of the three applicants
                                                Christine A. Hydock, Chief, Medical                     as described in the system of records                 has satisfied the conditions for
                                                Programs Division, 202–366–4001,                        notice (DOT/ALL–14 FDMS), which can                   obtaining an exemption from the
                                                fmcsamedical@dot.gov, FMCSA,                            be reviewed at http://www.dot.gov/                    Epilepsy and Seizure Disorder
                                                Department of Transportation, 1200                      privacy.                                              requirements and were published in the
                                                New Jersey Avenue SE., Room W64–                                                                              Federal Register (80 FR 60744; 80 FR
                                                                                                        I. Background
                                                224, Washington, DC 20590–0001.                                                                               55164; 80 FR 57034). In addition, for
                                                Office hours are from 8:30 a.m. to 5                       Under 49 U.S.C. 31136(e) and 31315,                Commercial Driver’s License (CDL)
                                                p.m., e.t., Monday through Friday,                      FMCSA may grant an exemption for two                  holders, the Commercial Driver’s
                                                except Federal holidays. If you have                    years if it finds ‘‘such exemption would              License Information System (CDLIS)
                                                questions regarding viewing or                          likely achieve a level of safety that is              and the Motor Carrier Management
                                                submitting material to the docket,                      equivalent to or greater than the level               Information System (MCMIS) are
                                                contact Docket Services, telephone (202)                that would be achieved absent such                    searched for crash and violation data.
                                                366–9826.                                               exemption.’’ The statute also allows the              For non-CDL holders, the Agency
                                                                                                        Agency to renew exemptions at the end                 reviews the driving records from the
                                                ADDRESSES: You may submit comments
                                                                                                        of the two-year period.                               State Driver’s Licensing Agency (SDLA).
                                                bearing the Federal Docket Management                      The physical qualification standard
                                                System (FDMS) Docket No. FMCSA–                                                                               These factors provide an adequate basis
                                                                                                        for drivers regarding epilepsy found in               for predicting each driver’s ability to
                                                2014–0381; FMCSA–2014–0382;                             49 CFR 391.41(b)(8) states that a person
                                                FMCSA–2015–0115 using any of the                                                                              continue to safely operate a CMV in
                                                                                                        is physically qualified to drive a CMV                interstate commerce.
                                                following methods:                                      if that person:                                         The three drivers in this notice
                                                   • Federal eRulemaking Portal: Go to
                                                                                                           Has no established medical history or              remain in good standing with the
                                                http://www.regulations.gov. Follow the
                                                                                                        clinical diagnosis of epilepsy or any other           Agency, have maintained their medical
                                                online instructions for submitting                      condition which is likely to cause the loss of        monitoring and have not exhibited any
                                                comments.                                               consciousness or any loss of ability to control       medical issues that would compromise
                                                   • Mail: Docket Management Facility;                  a CMV.                                                their ability to safely operate a CMV
                                                U.S. Department of Transportation, 1200
                                                                                                          In addition to the regulations, FMCSA               during the previous two-year exemption
                                                New Jersey Avenue SE., West Building
                                                                                                        has published advisory criteria to assist             period. FMCSA has concluded that
                                                Ground Floor, Room W12–140,                                                                                   renewing the exemptions for each of
                                                                                                        Medical Examiners in determining
                                                Washington, DC 20590–0001.                                                                                    these applicants is likely to achieve a
                                                                                                        whether drivers with certain medical
                                                   • Hand Delivery: West Building                                                                             level of safety equal to that existing
                                                                                                        conditions are qualified to operate a
                                                Ground Floor, Room W12–140, 1200                                                                              without the exemption. Therefore,
                                                                                                        CMV in interstate commerce. [49 CFR
                                                New Jersey Avenue SE., Washington,                                                                            FMCSA has decided to renew each
                                                                                                        part 391, APPENDIX A TO PART 391—
                                                DC, between 9 a.m. and 5 p.m., e.t.,                                                                          exemption for a two-year period for the
                                                                                                        MEDICAL ADVISORY CRITERIA,
                                                Monday through Friday, except Federal                                                                         following applicants:
                                                                                                        section H. Epilepsy: § 391.41(b)(8),
                                                holidays.
                                                                                                        paragraphs 3, 4, and 5.]                              Monte J. DeRocini (PA)
                                                   • Fax: 1–202–493–2251.                                 The three individuals listed in this                Teddy H. Dixon (GA)
                                                   Instructions: Each submission must                   notice have requested renewal of their                Bryan R. Jones (PA)
                                                include the Agency name and the                         exemptions from the Epilepsy and
                                                docket number(s) for this notice. Note                                                                        IV. Conditions and Requirements
                                                                                                        Seizure Disorders prohibition in 49 CFR
                                                that all comments received will be                      391.41(b)(8), in accordance with                        The exemptions are extended subject
                                                posted without change to http://                        FMCSA procedures. Accordingly,                        to the following conditions: (1) Each
                                                www.regulations.gov, including any                      FMCSA has evaluated these                             driver must remain seizure-free and
                                                personal information provided. Please                   applications for renewal on their merits              maintain a stable treatment during the
                                                see the Privacy Act heading below for                   and decided to extend each exemption                  two-year exemption period; (2) each
                                                further information.                                    for a renewable two-year period.                      driver must submit annual reports from
                                                   Docket: For access to the docket to                                                                        their treating physicians attesting to the
                                                read background documents or                            II. Request for Comments                              stability of treatment and that the driver
                                                comments, go to http://                                    Interested parties or organizations                has remained seizure-free; (3) each
                                                www.regulations.gov at any time or                      possessing information that would                     driver must undergo an annual medical
                                                Room W12–140 on the ground level of                     otherwise show that any, or all, of these             examination by a certified Medical
                                                the West Building, 1200 New Jersey                      drivers are not currently achieving the               Examiner, as defined by 49 CFR 390.5;
                                                Avenue SE., Washington, DC, between 9                   statutory level of safety should                      and (4) each driver must provide a copy
                                                a.m. and 5 p.m., Monday through                         immediately notify FMCSA. The                         of the annual medical certification to
                                                Friday, except Federal holidays. The                    Agency will evaluate any adverse                      the employer for retention in the
                                                FDMS is available 24 hours each day                     evidence submitted and, if safety is                  driver’s qualification file, or keep a copy
                                                e.t., 365 days each year. If you want                   being compromised or if continuation of               of his/her driver’s qualification file if
                                                acknowledgment that we received your                    the exemption would not be consistent                 he/she is self-employed. The driver
                                                comments, please include a self-                        with the goals and objectives of 49                   must also have a copy of the exemption
                                                addressed, stamped envelope or                          U.S.C. 31136(e) and 31315, FMCSA will                 when driving, for presentation to a duly
                                                postcard or print the acknowledgement                   take immediate steps to revoke the                    authorized Federal, State, or local
                                                page that appears after submitting                                                                            enforcement official. The exemption
sradovich on DSKBBY8HB2PROD with NOTICES




                                                                                                        exemption of a driver.
                                                comments online.                                                                                              will be rescinded if: (1) The person fails
                                                   Privacy Act: In accordance with 5                    III. Basis for Renewing Exemptions                    to comply with the terms and
                                                U.S.C. 553(c), DOT solicits comments                       Under 49 U.S.C. 31315(b)(1), an                    conditions of the exemption; (2) the
                                                from the public to better inform its                    exemption may be granted for no longer                exemption has resulted in a lower level
                                                rulemaking process. DOT posts these                     than two years from its approval date                 of safety than was maintained before it
                                                comments, without edit, including any                   and may be renewed upon application.                  was granted; or (3) continuation of the
                                                personal information the commenter                      In accordance with 49 U.S.C. 31136(e)                 exemption would not be consistent with


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                                                43654                     Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

                                                the goals and objectives of 49 U.S.C.                   service-proven design built to European               comment period and specify the basis
                                                31136(e) and 31315.                                     design standards. It was first delivered              for their request.
                                                                                                        to European customers in 2004. There                    All communications concerning these
                                                V. Preemption
                                                                                                        are approximately 1,100 FLIRT trainsets               proceedings should identify the
                                                   During the period the exemption is in                in operation worldwide. TexRail                       appropriate docket number and may be
                                                effect, no State shall enforce any law or               vehicles will be the first FLIRT models               submitted by any of the following
                                                regulation that conflicts with this                     in the United States. The new vehicles                methods:
                                                exemption with respect to a person                      are designed and built to current                       • Web site: http://
                                                operating under the exemption.                          European design and regulatory                        www.regulations.gov. Follow the online
                                                VI. Conclusion                                          standards, which differ in several areas              instructions for submitting comments.
                                                                                                        from current U.S. design standards and                  • Fax: 202–493–2251.
                                                  Based upon its evaluation of the three                regulations. TexRail believes that the                  • Mail: Docket Operations Facility,
                                                exemption applications, FMCSA renews                                                                          U.S. Department of Transportation, 1200
                                                                                                        design characteristics of the Stadler
                                                the exemptions of the aforementioned
                                                                                                        FLIRT vehicles provide an equivalent or               New Jersey Avenue SE., W12–140,
                                                drivers from the Epilepsy and Seizure
                                                                                                        higher level of safety and security to the            Washington, DC 20590.
                                                Disorders requirement in 49 CFR 391.41
                                                                                                        passengers and crew.                                    • Hand Delivery: 1200 New Jersey
                                                (b)(8). In accordance with 49 U.S.C.
                                                                                                           TexRail has organized its regulatory               Avenue SE., Room W12–140,
                                                31136(e) and 31315, each exemption
                                                                                                        compliance efforts into two distinct but              Washington, DC 20590, between 9 a.m.
                                                will be valid for two years unless
                                                                                                        related parts: Part 1 represents the                  and 5 p.m., Monday through Friday,
                                                revoked earlier by FMCSA.
                                                                                                        ‘‘base’’ compliance assessment effort                 except Federal Holidays.
                                                  Issued on: September 8, 2017.                         (this petition) and Part 2 represents a                 Communications received by
                                                Larry W. Minor,                                         separate petition to utilize Alternative              November 2, 2017 will be considered by
                                                Associate Administrator for Policy.                     Vehicle Technology crashworthiness                    FRA before final action is taken.
                                                [FR Doc. 2017–19762 Filed 9–15–17; 8:45 am]             technology as outlined in ‘‘Technical                 Comments received after that date will
                                                BILLING CODE 4910–EX–P                                  Criteria and Procedures for Evaluating                be considered if practicable.
                                                                                                        the Crashworthiness and Occupant                        Anyone can search the electronic
                                                                                                        Protection Performance of Alternatively-              form of any written communications
                                                DEPARTMENT OF TRANSPORTATION                            Designed Passenger Rail Equipment for                 and comments received into any of our
                                                                                                        Use in Tier I Service’’ and the recent                dockets by the name of the individual
                                                Federal Railroad Administration                         notice of proposed rulemaking (NPRM)                  submitting the comment (or signing the
                                                [Docket Number FRA–2017–0087]                           on Passenger Equipment Safety                         document, if submitted on behalf of an
                                                                                                        Standards; Standards for Alternative                  association, business, labor union, etc.).
                                                Petition for Waiver of Compliance                       Compliance and High-Speed Trainsets                   In accordance with 5 U.S.C. 553(c), DOT
                                                   Under part 211 of Title 49 Code of                   (81 FR 88006, December 6, 2016).                      solicits comments from the public to
                                                Federal Regulations (CFR), this provides                Noting that certain provisions in 49 CFR              better inform its processes. DOT posts
                                                the public notice that on August 10,                    part 231 pertaining to safety appliances              these comments, without edit, including
                                                2017, the Fort Worth Transportation                     are statutorily required, and therefore               any personal information the
                                                Authority (FWTA) on behalf of TexRail                   not subject to FRA’s waiver authority,                commenter provides, to
                                                Commuter Railroad (TEXR) petitioned                     TEXR also requested that FRA exercise                 www.regulations.gov, as described in
                                                the Federal Railroad Administration                     its authority under 49 U.S.C. 20306 to                the system of records notice (DOT/ALL–
                                                (FRA) for a waiver of compliance from                   exempt TEXR from certain provisions of                14 FDMS), which can be reviewed at
                                                certain provisions of the Federal                       Chapter 203, Title 49 of the United                   https://www.transportation.gov/privacy.
                                                railroad safety regulations for the                     States Code because the FLIRT DMU                     See also https://www.regulations.gov/
                                                purchase of eight new trainsets from                    vehicles will be equipped with their                  privacyNotice for the privacy notice of
                                                Stadler Bussnang AG (Stadler).                          own array of safety devices resulting in              regulations.gov.
                                                Specifically, TEXR is requesting relief                 equivalent safety.                                    Robert C. Lauby,
                                                from 49 CFR part 229, Railroad                             A copy of the petition, as well as any
                                                                                                                                                              Associate Administrator for Railroad Safety,
                                                Locomotive Safety Standards (§ 229.47);                 written communications concerning the                 Chief Safety Officer.
                                                49 CFR part 231, Railroad Safety                        petition, is available for review online at
                                                                                                                                                              [FR Doc. 2017–19687 Filed 9–15–17; 8:45 am]
                                                Appliance Standards (§§ 231.14(a)(2),                   www.regulations.gov and in person at
                                                                                                                                                              BILLING CODE 4910–06–P
                                                (b)–(d), (f), (g)); and 49 CFR part 238,                the U.S. Department of Transportation’s
                                                Passenger Equipment Safety Standards                    (DOT) Docket Operations Facility, 1200
                                                (§ 238.305). FRA assigned the petition                  New Jersey Avenue SE., W12–140,                       DEPARTMENT OF TRANSPORTATION
                                                docket number FRA–2017–0087.                            Washington, DC 20590. The Docket
                                                   The TexRail commuter rail system                     Operations Facility is open from 9 a.m.               Federal Railroad Administration
                                                consists of a single rail line, running                 to 5 p.m., Monday through Friday,
                                                                                                        except Federal Holidays.                              [Docket Number FRA–2013–0095]
                                                from Fort Worth, Texas, to the Dallas-
                                                Fort Worth International Airport (DFW),                    Interested parties are invited to                  Notice of Application for Approval To
                                                a distance of 27-miles, with 9 stations.                participate in these proceedings by                   Discontinue or Modify a Railroad
                                                Service is scheduled to begin in                        submitting written views, data, or                    Signal System
                                                December 2018.                                          comments. FRA does not anticipate
sradovich on DSKBBY8HB2PROD with NOTICES




                                                   TexRail will purchase eight new                      scheduling a public hearing in                          Under part 235 of Title 49 of the Code
                                                FLIRT Diesel Multiple Unit (DMU)                        connection with these proceedings since               of Federal Regulations (CFR) and 49
                                                trainsets manufactured by Stadler in                    the facts do not appear to warrant a new              U.S.C. 20502(a), this provides the public
                                                Salt Lake City, Utah. The delivery of                   hearing. If any interested parties desire             notice that on July 27, 2017, the
                                                vehicles is expected to begin in October                an opportunity for oral comment and a                 Grenada Railroad, LLC (GRYR)
                                                2017 and end in May 2018. TexRail                       public hearing, they should notify FRA,               petitioned the Federal Railroad
                                                asserts that the FLIRT trainset is a                    in writing, before the end of the                     Administration (FRA) seeking extension


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Document Created: 2017-09-16 00:51:56
Document Modified: 2017-09-16 00:51:56
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 renewed exemptions were applicable on June 10, 2017. The renewed exemptions will expire on June 10, 2019. Comments must be received on or before October 18, 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 43652 

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