83_FR_40807 83 FR 40649 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators

83 FR 40649 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40649-40651
FR Document2018-17567

FMCSA announces receipt of applications from four individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against operation of a commercial motor vehicle (CMV) by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. If granted, the exemptions would enable these individuals with implantable cardioverter defibrillators (ICDs) to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40649-40651]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17567]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0242]


Qualification of Drivers; Exemption Applications; Implantable 
Cardioverter Defibrillators

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from four individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against operation of a commercial motor 
vehicle (CMV) by persons with a current clinical diagnosis of 
myocardial infarction, angina pectoris, coronary insufficiency, 
thrombosis, or any other cardiovascular disease of a variety known to 
be accompanied by syncope, dyspnea, collapse, or congestive heart 
failure. If granted, the exemptions would enable these individuals with 
implantable cardioverter defibrillators (ICDs) to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before September 14, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0242 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

[[Page 40650]]

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 for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov, at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-
224,Washington, DC 20590-0001. Office hours are 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.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The four individuals listed in this notice have requested an 
exemption from 49 CFR 391.41(b)(4). Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by statute.
    The physical qualification standard found in 49 CFR 391.41(b)(4) 
states that a person is physically qualified to drive a CMV if that 
person has no current clinical diagnosis of myocardial infarction, 
angina pectoris, coronary insufficiency, thrombosis, or any other 
cardiovascular disease of a variety known to be accompanied by syncope, 
dyspnea, collapse, or congestive cardiac failure.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section D. Cardiovascular: Sec.  391.41(b)(4), 
paragraph 4.] The advisory criteria states that ICDs are disqualifying 
due to risk of syncope.
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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II. Qualifications of Applicants

David Christiansen

    Mr. Christiansen is a 42 year old driver in Illinois. A May 2018, 
report from his cardiologist indicates that Mr. Christiansen's ICD was 
implanted in May of 2017, and that after a corrective procedure, he has 
experienced no recurrence of arrhythmia on interrogation of his ICD 
which provides ``24/7'' assessment for recurrence.

Christopher G. Harville

    Mr. Harville is a 37 year old Class B CDL holder in South Carolina. 
An undated letter from Mr. Harville's cardiologist reports that his ICD 
was implanted in May 2014, and that as of September 2017, he has 
remained asymptomatic, without complaints of dizziness, 
lightheadedness, near syncope/syncope, or chest pain. The letter 
further states that since ICD placement in 2014, he has never needed/
received deployment of his defibrillator and receives ICD checks every 
3-6 months.

Terry W. Meredith

    Mr. Meredith is a 56 year old driver in Tennessee. An April 2018, 
letter from his cardiologist states that his ICD was implanted in June 
2016, and he has never received therapy from his device. His measured 
ejection fraction was 30% in June 2017, and was 50-55% after a recheck 
in October 2017.

Grady C. Stone

    Mr. Stone is a 67 year old driver in Georgia. An April 2018, letter 
from his cardiologist states that his ICD was implanted in September 
2017, and since the device implantation, he has not had any arrhythmias 
detected.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2018-0242 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment

[[Page 40651]]

period. FMCSA may issue a final determination any time after the close 
of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2018-0242 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17567 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-EX-P



                                                                          Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                                 40649

                                               experience, and medical condition of                    likelihood that they have adapted their                 In accordance with 49 U.S.C. 31136(e)
                                               each applicant were stated and                          driving skills to accommodate their                   and 31315, each exemption will be valid
                                               discussed in detail in the June 18, 2018,               condition. As the applicants’ ample                   for two years from the effective date
                                               Federal Register notice (83 FR 28335)                   driving histories with their vision                   unless revoked earlier by FMCSA. The
                                               and will not be repeated in this notice.                deficiencies are good predictors of                   exemption will be revoked if the
                                                  FMCSA recognizes that some drivers                   future performance, FMCSA concludes                   following occurs: (1) The person fails to
                                               do not meet the vision requirement but                  their ability to drive safely can be                  comply with the terms and conditions
                                               have adapted their driving to                           projected into the future.                            of the exemption; (2) the exemption has
                                               accommodate their limitation and                           Consequently, FMCSA finds that in                  resulted in a lower level of safety than
                                               demonstrated their ability to drive                     each case exempting these applicants                  was maintained prior to being granted;
                                               safely. The 11 exemption applicants                     from the vision requirement in 49 CFR                 or (3) continuation of the exemption
                                               listed in this notice are in this category.             391.41(b)(10) is likely to achieve a level            would not be consistent with the goals
                                               They are unable to meet the vision                      of safety equal to that existing without              and objectives of 49 U.S.C. 31136 and
                                               requirement in one eye for various                      the exemption.                                        31315.
                                               reasons, including amblyopia, aphakia,
                                                                                                       V. Conditions and Requirements                          Issued on: August 8, 2018.
                                               complete loss of vision, glaucoma,
                                               macular degeneration, macular scar,                        The terms and conditions of the                    Larry W. Minor,
                                               prosthesis, and retinal scarring. In most               exemption are provided to the                         Associate Administrator for Policy.
                                               cases, their eye conditions were not                    applicants in the exemption document                  [FR Doc. 2018–17599 Filed 8–14–18; 8:45 am]
                                               recently developed. Seven of the                        and includes the following: (1) Each                  BILLING CODE 4910–EX–P
                                               applicants were either born with their                  driver must be physically examined
                                               vision impairments or have had them                     every year (a) by an ophthalmologist or
                                               since childhood. The four individuals                   optometrist who attests that the vision               DEPARTMENT OF TRANSPORTATION
                                               that sustained their vision conditions as               in the better eye continues to meet the
                                               adults have had it for a range of 4 to 17                                                                     Federal Motor Carrier Safety
                                                                                                       standard in 49 CFR 391.41(b)(10) and (b)
                                               years. Although each applicant has one                                                                        Administration
                                                                                                       by a certified Medical Examiner who
                                               eye which does not meet the vision                      attests that the individual is otherwise
                                               requirement in 49 CFR 391.41(b)(10),                    physically qualified under 49 CFR                     [Docket No. FMCSA–2018–0242]
                                               each has at least 20/40 corrected vision                391.41; (2) each driver must provide a
                                               in the other eye, and in a doctor’s                                                                           Qualification of Drivers; Exemption
                                                                                                       copy of the ophthalmologist’s or
                                               opinion, has sufficient vision to perform                                                                     Applications; Implantable Cardioverter
                                                                                                       optometrist’s report to the Medical
                                               all the tasks necessary to operate a CMV.                                                                     Defibrillators
                                                                                                       Examiner at the time of the annual
                                                  Doctors’ opinions are supported by                   medical examination; and (3) each                     AGENCY: Federal Motor Carrier Safety
                                               the applicants’ possession of a valid                   driver must provide a copy of the                     Administration (FMCSA), DOT.
                                               license to operate a CMV. By meeting                    annual medical certification to the                   ACTION: Notice of applications for
                                               State licensing requirements, the                       employer for retention in the driver’s
                                               applicants demonstrated their ability to                                                                      exemption; request for comments.
                                                                                                       qualification file, or keep a copy in his/
                                               operate a CMV, with their limited vision                her driver’s qualification file if he/she is          SUMMARY:   FMCSA announces receipt of
                                               in intrastate commerce, even though                     self-employed. The driver must also                   applications from four individuals for
                                               their vision disqualified them from                     have a copy of the exemption when                     an exemption from the prohibition in
                                               driving in interstate commerce. We                      driving, for presentation to a duly                   the Federal Motor Carrier Safety
                                               believe that the applicants’ intrastate                 authorized Federal, State, or local                   Regulations (FMCSRs) against operation
                                               driving experience and history provide                  enforcement official.                                 of a commercial motor vehicle (CMV) by
                                               an adequate basis for predicting their                                                                        persons with a current clinical diagnosis
                                               ability to drive safely in interstate                   VI. Preemption
                                                                                                                                                             of myocardial infarction, angina
                                               commerce. Intrastate driving, like                         During the period the exemption is in              pectoris, coronary insufficiency,
                                               interstate operations, involves                         effect, no State shall enforce any law or             thrombosis, or any other cardiovascular
                                               substantial driving on highways on the                  regulation that conflicts with this                   disease of a variety known to be
                                               interstate system and on other roads                    exemption with respect to a person                    accompanied by syncope, dyspnea,
                                               built to interstate standards. Moreover,                operating under the exemption.                        collapse, or congestive heart failure. If
                                               driving in congested urban areas                                                                              granted, the exemptions would enable
                                               exposes the driver to more pedestrian                   VII. Conclusion
                                                                                                                                                             these individuals with implantable
                                               and vehicular traffic than exists on                      Based upon its evaluation of the 11                 cardioverter defibrillators (ICDs) to
                                               interstate highways. Faster reaction to                 exemption applications, FMCSA                         operate CMVs in interstate commerce.
                                               traffic and traffic signals is generally                exempts the following drivers from the
                                               required because distances between                                                                            DATES: Comments must be received on
                                                                                                       vision requirement, 49 CFR
                                               them are more compact. These                                                                                  or before September 14, 2018.
                                                                                                       391.41(b)(10), subject to the
                                               conditions tax visual capacity and                      requirements cited above:                             ADDRESSES: You may submit comments
                                               driver response just as intensely as                    Scott B. Barker (WA)                                  bearing the Federal Docket Management
                                               interstate driving conditions.                          Christopher L. Binkley (NH)                           System (FDMS) Docket ID FMCSA–
                                                  The applicants in this notice have                   Darrell B. Emery (TX)                                 2018–0242 using any of the following
                                               driven CMVs with their limited vision                   Louis D. Faw (NC)                                     methods:
daltland on DSKBBV9HB2PROD with NOTICES




                                               in careers ranging for 4 to 81 years. In                Troy L. Hargrave (MO)                                   • Federal eRulemaking Portal: Go to
                                               the past three years, one driver was                    Randall J. Kau (WI)                                   http://www.regulations.gov. Follow the
                                               involved in a crash, and no drivers were                James M. O’Brien (MA)                                 online instructions for submitting
                                               convicted of moving violations in                       Patrick A. Piekkola (SD)                              comments.
                                               CMVs. All the applicants achieved a                     Marco A. Pinto (NY)                                     • Mail: Docket Management Facility;
                                               record of safety while driving with their               Andrew R. Sampson, Jr. (MD)                           U.S. Department of Transportation, 1200
                                               vision impairment, demonstrating the                    Khamla Vongvoraseng (NC)                              New Jersey Avenue SE, West Building


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                                               40650                      Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    syncope/syncope, or chest pain. The
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              letter further states that since ICD
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                 placement in 2014, he has never
                                               Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                 needed/received deployment of his
                                               New Jersey Avenue SE, Washington,                       exemptions from the FMCSRs for a two-                 defibrillator and receives ICD checks
                                               DC, between 9 a.m. and 5 p.m., e.t.,                    year period to align with the maximum                 every 3–6 months.
                                               Monday through Friday, except Federal                   duration of a driver’s medical
                                                                                                                                                             Terry W. Meredith
                                               Holidays.                                               certification.
                                                 • Fax: 1–202–493–2251.                                   The four individuals listed in this                  Mr. Meredith is a 56 year old driver
                                                  Instructions: Each submission must                   notice have requested an exemption                    in Tennessee. An April 2018, letter from
                                               include the Agency name and the                         from 49 CFR 391.41(b)(4). Accordingly,                his cardiologist states that his ICD was
                                               docket number for this notice. Note that                the Agency will evaluate the                          implanted in June 2016, and he has
                                               all comments received will be posted                    qualifications of each applicant to                   never received therapy from his device.
                                               without change to http://                               determine whether granting the                        His measured ejection fraction was 30%
                                               www.regulations.gov, including any                      exemption will achieve the required                   in June 2017, and was 50–55% after a
                                               personal information provided. Please                   level of safety mandated by statute.                  recheck in October 2017.
                                               see the Privacy Act heading below for                      The physical qualification standard                Grady C. Stone
                                               further information.                                    found in 49 CFR 391.41(b)(4) states that
                                                  Docket: For access to the docket to                  a person is physically qualified to drive               Mr. Stone is a 67 year old driver in
                                               read background documents or                            a CMV if that person has no current                   Georgia. An April 2018, letter from his
                                               comments, go to http://                                 clinical diagnosis of myocardial                      cardiologist states that his ICD was
                                               www.regulations.gov, at any time or                     infarction, angina pectoris, coronary                 implanted in September 2017, and since
                                               Room W12–140 on the ground level of                     insufficiency, thrombosis, or any other               the device implantation, he has not had
                                               the West Building, 1200 New Jersey                      cardiovascular disease of a variety                   any arrhythmias detected.
                                               Avenue SE, Washington, DC, between 9                    known to be accompanied by syncope,                   III. Request for Comments
                                               a.m. and 5 p.m., e.t., Monday through                   dyspnea, collapse, or congestive cardiac
                                               Friday, except Federal holidays. The                                                                             In accordance with 49 U.S.C. 31136(e)
                                                                                                       failure.
                                               FDMS is available 24 hours each day,                                                                          and 31315, FMCSA requests public
                                                                                                          In addition to the regulations, FMCSA
                                               365 days each year. If you want                                                                               comment from all interested persons on
                                                                                                       has published advisory criteria 1 to
                                               acknowledgment that we received your                                                                          the exemption petitions described in
                                                                                                       assist Medical Examiners in
                                               comments, please include a self-                                                                              this notice. We will consider all
                                                                                                       determining whether drivers with
                                               addressed, stamped envelope or                                                                                comments received before the close of
                                                                                                       certain medical conditions are qualified
                                               postcard or print the acknowledgement                                                                         business on the closing date indicated
                                                                                                       to operate a CMV in interstate
                                               page that appears after submitting                                                                            in the dates section of the notice.
                                                                                                       commerce. [49 CFR part 391,
                                               comments online.                                        APPENDIX A TO PART 391—MEDICAL                        IV. Submitting Comments
                                                  Privacy Act: In accordance with 5                    ADVISORY CRITERIA, section D.                            You may submit your comments and
                                               U.S.C. 553(c), DOT solicits comments                    Cardiovascular: § 391.41(b)(4),                       material online or by fax, mail, or hand
                                               from the public to better inform its                    paragraph 4.] The advisory criteria                   delivery, but please use only one of
                                               rulemaking process. DOT posts these                     states that ICDs are disqualifying due to             these means. FMCSA recommends that
                                               comments, without edit, including any                   risk of syncope.                                      you include your name and a mailing
                                               personal information the commenter
                                                                                                       II. Qualifications of Applicants                      address, an email address, or a phone
                                               provides, to http://www.regulations.gov,
                                                                                                                                                             number in the body of your document
                                               as described in the system records                      David Christiansen                                    so that FMCSA can contact you if there
                                               notice (DOT/ALL–14 FDMS), which can
                                                                                                          Mr. Christiansen is a 42 year old                  are questions regarding your
                                               be reviewed at http://www.dot.gov/
                                                                                                       driver in Illinois. A May 2018, report                submission.
                                               privacy.
                                                                                                       from his cardiologist indicates that Mr.                 To submit your comment online, go to
                                               FOR FURTHER INFORMATION CONTACT:     Ms.                Christiansen’s ICD was implanted in                   http://www.regulations.gov and in the
                                               Christine A. Hydock, Chief, Medical                     May of 2017, and that after a corrective              search box insert the docket number
                                               Programs Division, (202) 366–4001,                      procedure, he has experienced no                      FMCSA–2018–0242 and click the search
                                               fmcsamedical@dot.gov, FMCSA,                            recurrence of arrhythmia on                           button. When the new screen appears,
                                               Department of Transportation, 1200                      interrogation of his ICD which provides               click on the blue ‘‘Comment Now!’’
                                               New Jersey Avenue SE, Room W64–                         ‘‘24/7’’ assessment for recurrence.                   button on the right hand side of the
                                               224,Washington, DC 20590–0001. Office                                                                         page. On the new page, enter
                                               hours are from 8:30 a.m. to 5 p.m., e.t.,               Christopher G. Harville                               information required including the
                                               Monday through Friday, except Federal                     Mr. Harville is a 37 year old Class B               specific section of this document to
                                               holidays. If you have questions                         CDL holder in South Carolina. An                      which each comment applies, and
                                               regarding viewing or submitting                         undated letter from Mr. Harville’s                    provide a reason for each suggestion or
                                               material to the docket, contact Docket                  cardiologist reports that his ICD was                 recommendation. If you submit your
                                               Services, telephone (202) 366–9826.                     implanted in May 2014, and that as of                 comments by mail or hand delivery,
                                               SUPPLEMENTARY INFORMATION:                              September 2017, he has remained                       submit them in an unbound format, no
                                                                                                       asymptomatic, without complaints of                   larger than 81⁄2 by 11 inches, suitable for
daltland on DSKBBV9HB2PROD with NOTICES




                                               I. Background                                                                                                 copying and electronic filing. If you
                                                                                                       dizziness, lightheadedness, near
                                                  Under 49 U.S.C. 31136(e) and 31315,                                                                        submit comments by mail and would
                                               FMCSA may grant an exemption from                         1 See http://www.ecfr.gov/cgi-bin/text-
                                                                                                                                                             like to know that they reached the
                                               the FMCSRs for a five-year period if it                 idx?SID=e47b48a9ea42dd67d999246e23d97970              facility, please enclose a stamped, self-
                                                                                                       &mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
                                               finds ‘‘such exemption would likely                     171.a and https://www.gpo.gov/fdsys/pkg/CFR-          addressed postcard or envelope.
                                               achieve a level of safety that is                       2015-title49-vol5/pdf/CFR-2015-title49-vol5-             We will consider all comments and
                                               equivalent to or greater than the level                 part391-appA.pdf.                                     materials received during the comment


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                                                                          Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                                 40651

                                               period. FMCSA may issue a final                         petition, is available for review online at           privacyNotice for the privacy notice of
                                               determination any time after the close of               www.regulations.gov and in person at                  regulations.gov.
                                               the comment period.                                     the U.S. Department of Transportation’s               John K. Alexy,
                                               V. Viewing Comments and Documents                       (DOT) Docket Operations Facility, 1200
                                                                                                                                                             Deputy Associate Administrator for Railroad
                                                                                                       New Jersey Avenue SE, W12–140,                        Safety.
                                                 To view comments, as well as any                      Washington, DC 20590. The Docket
                                               documents mentioned in this preamble,                                                                         [FR Doc. 2018–17516 Filed 8–14–18; 8:45 am]
                                                                                                       Operations Facility is open from 9 a.m.
                                               go to http://www.regulations.gov and in                                                                       BILLING CODE 4910–06–P
                                                                                                       to 5 p.m., Monday through Friday,
                                               the search box insert the docket number
                                               FMCSA–2018–0242 and click ‘‘Search.’’                   except Federal Holidays.
                                               Next, click ‘‘Open Docket Folder’’ and                     Interested parties are invited to                  DEPARTMENT OF THE TREASURY
                                               you will find all documents and                         participate in these proceedings by
                                               comments related to this notice.                        submitting written views, data, or                    Agency Information Collection
                                                 Issued on: August 8, 2018.                            comments. FRA does not anticipate                     Activities; Submission for OMB
                                                                                                       scheduling a public hearing in                        Review; Comment Request; Multiple
                                               Larry W. Minor,
                                                                                                       connection with these proceedings since               Tax and Trade Bureau Information
                                               Associate Administrator for Policy.
                                                                                                       the facts do not appear to warrant a                  Collection Requests
                                               [FR Doc. 2018–17567 Filed 8–14–18; 8:45 am]
                                               BILLING CODE 4910–EX–P
                                                                                                       hearing. If any interested parties desire             AGENCY: Departmental Offices, U.S.
                                                                                                       an opportunity for oral comment and a                 Department of the Treasury.
                                                                                                       public hearing, they should notify FRA,               ACTION: Notice.
                                               DEPARTMENT OF TRANSPORTATION                            in writing, before the end of the
                                                                                                       comment period and specify the basis                  SUMMARY:   The Department of the
                                               Federal Railroad Administration                         for their request.                                    Treasury will submit the following
                                                                                                                                                             information collection requests to the
                                               [Docket Number FRA–2018–0059]                              All communications concerning these                Office of Management and Budget
                                                                                                       proceedings should identify the                       (OMB) for review and clearance in
                                               Petition for Waiver of Compliance                       appropriate docket number and may be                  accordance with the Paperwork
                                                  Under part 211 of Title 49 of the Code               submitted by any of the following                     Reduction Act of 1995, on or after the
                                               of Federal Regulations (CFR), this                      methods:                                              date of publication of this notice. The
                                               document provides the public notice                        • Website: http://                                 public is invited to submit comments on
                                               that on July 26, 2018, the Grand Canyon                 www.regulations.gov. Follow the online                these requests.
                                               Railway (GCRY) has petitioned the                       instructions for submitting comments.                 DATES: Comments should be received on
                                               Federal Railroad Administration (FRA)                                                                         or before September 14, 2018 to be
                                               for a waiver of compliance from certain                    • Fax: 202–493–2251.
                                                                                                                                                             assured of consideration.
                                               provisions of the Federal railroad safety                  • Mail: Docket Operations Facility,
                                                                                                                                                             ADDRESSES: Send comments regarding
                                               regulations contained at 49 CFR part                    U.S. Department of Transportation, 1200               the burden estimate, or any other aspect
                                               230, Steam Locomotive Inspection and                    New Jersey Avenue SE, W12–140,
                                               Maintenance Standards. FRA assigned                                                                           of the information collection, including
                                                                                                       Washington, DC 20590.                                 suggestions for reducing the burden, to
                                               the petition docket number FRA–2018–
                                                                                                          • Hand Delivery: 1200 New Jersey                   (1) Office of Information and Regulatory
                                               0059. GCRY maintains and operates No.
                                               29, a 2–8–0 ‘‘Consolidation’’ type steam                Avenue SE, Room W12–140,                              Affairs, Office of Management and
                                               locomotive built by the American                        Washington, DC 20590, between 9 a.m.                  Budget, Attention: Desk Officer for
                                               Locomotive Works in 1906 for the Lake                   and 5 p.m., Monday through Friday,                    Treasury, New Executive Office
                                               Superior & Ishpeming Railroad. GCRY                     except Federal Holidays.                              Building, Room 10235, Washington, DC
                                               occasionally operates No. 29 to pull                       Communications received by October                 20503, or email at OIRA_Submission@
                                               excursion trains from Williams, AZ, to                                                                        OMB.EOP.gov and (2) Treasury PRA
                                                                                                       1, 2018 will be considered by FRA
                                               the Depot at the rim of the Grand                                                                             Clearance Officer, 1750 Pennsylvania
                                                                                                       before final action is taken. Comments
                                               Canyon.                                                                                                       Ave. NW, Suite 8142, Washington, DC
                                                                                                       received after that date will be                      20220, or email at PRA@treasury.gov.
                                                  GCRY requests relief from performing                 considered if practicable.
                                               the 1,472 service day inspection (SDI),                                                                       FOR FURTHER INFORMATION CONTACT:
                                               for No. 29, as it pertains to the                          Anyone can search the electronic                   Copies of the submissions may be
                                               inspection of the boiler every 15                       form of any written communications                    obtained from Jennifer Quintana by
                                               calendar years or 1,472 service days. See               and comments received into any of our                 emailing PRA@treasury.gov, calling
                                               49 CFR 230.17. This relief would extend                 dockets by the name of the individual                 (202) 622–0489, or viewing the entire
                                               the inspection date from May 2, 2019,                   submitting the comment (or signing the                information collection request at
                                               to the completion of the GCRY operating                 document, if submitted on behalf of an                www.reginfo.gov.
                                               season on October 31, 2019. It is                       association, business, labor union, etc.).            SUPPLEMENTARY INFORMATION:
                                               expected that they would accrue                         Under 5 U.S.C. 553(c), DOT solicits
                                               approximately 15 service days during                    comments from the public to better                    Alcohol and Tobacco Tax and Trade
                                               this extension period. At the last annual               inform its processes. DOT posts these                 Bureau (TTB)
                                               inspection, the locomotive accrued 410                  comments, without edit, including any                   Title: Drawback on Distilled Spirits
                                               service days toward the allowable 1,472                 personal information the commenter                    Exported.
daltland on DSKBBV9HB2PROD with NOTICES




                                               service days. GCRY also requests relief                 provides, to www.regulations.gov, as                    OMB Control Number: 1513–0042.
                                               from performing the annual inspection                   described in the system of records                      Type of Review: Revision of a
                                               required by 49 CFR 230.16. This relief                  notice (DOT/ALL–14 FDMS), which can                   currently approved collection.
                                               would extend the current annual                                                                                 Abstract: Under the Internal Revenue
                                                                                                       be reviewed at https://
                                               inspection by only 15 service days.                                                                           Code (IRC) at 26 U.S.C. 5062, persons
                                                                                                       www.transportation.gov/privacy. See
                                                  A copy of the petition, as well as any                                                                     who export tax-paid distilled spirits
                                                                                                       also https://www.regulations.gov/
                                               written communications concerning the                                                                         may claim drawback of the excise tax


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Document Created: 2018-08-15 01:25:19
Document Modified: 2018-08-15 01:25:19
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 applications for exemption; request for comments.
DatesComments must be received on or before September 14, 2018.
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 Citation83 FR 40649 

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