83 FR 45734 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range		45734-45736
FR Document		2018-19645

FMCSA announces its decision to renew exemptions for 16 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 83 Issue 175 (Monday, September 10, 2018)

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45734-45736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19645]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444; FMCSA-2015-0322]


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 16 
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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before October 
10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444; 
FMCSA-2015-0322 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

[[Page 45735]]

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 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.

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 
for five 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 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 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 16 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

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 16 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 16 
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. 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. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of June and 
are discussed below:
    As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Henry Counts, Jr. (MD)
David P. Crowe (VA)
Michael D. Davis (ME)
Dennis R. Gilles (IN)
Larry G. Hediger (IL)
Eric J. McVetty (NH)
Donald J. Richmond (SC)
Kevin L. Sprinkle (NC)
Patrick J. Trimbo (MN)
Alan K. Washabaugh (PA)

    The drivers were included in docket numbers FMCSA-2013-0109 and 
FMCSA-2015-0322. Their exemptions are applicable as of June 9, 2018, 
and will expire on June 9, 2020.
    As of June 24, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Heath A. Crowe (LA)
Peter Della-Rocco, Jr. (PA)
Domenick R. Panfile (NJ)
Milton N. Tatham (NV)
Thomas H. Tincher (NC)
Duane A. Troff (MN)

    The drivers were included in docket number FMCSA-2013-0444. Their 
exemptions are applicable as of June 24, 2018, and will expire on June 
24, 2020.

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

[[Page 45736]]

when driving, for presentation to a duly authorized Federal, State, or 
local enforcement official. The exemption will be rescinded if: (1) The 
person fails to comply with the terms and conditions of the exemption; 
(2) the exemption has resulted in a lower level of safety than was 
maintained before it was granted; or (3) continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315.

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition 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: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19645 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45735

see the Privacy Act heading below for consciousness or any loss of ability to of safety equal to that existing without
further information. control a CMV. the exemption.
Docket: For access to the docket to In addition to the regulations, FMCSA In accordance with 49 U.S.C. 31136(e)
read background documents or has published advisory criteria to assist and 31315, the following groups of
comments, go to http:// Medical Examiners in determining drivers received renewed exemptions in
www.regulations.gov at any time or whether drivers with certain medical the month of June and are discussed
Room W12–140 on the ground level of conditions are qualified to operate a below:
the West Building, 1200 New Jersey CMV in interstate commerce. [49 CFR As of June 9, 2018, and in accordance
Avenue SE, Washington, DC, between 9 part 391, APPENDIX A TO PART 391— with 49 U.S.C. 31136(e) and 31315, the
a.m. and 5 p.m., e.t., Monday through MEDICAL ADVISORY CRITERIA, following ten individuals have satisfied
Friday, except Federal holidays. The section H. Epilepsy: § 391.41(b)(8), the renewal conditions for obtaining an
FDMS is available 24 hours each day paragraphs 3, 4, and 5.] exemption from the epilepsy and
e.t., 365 days each year. If you want The 16 individuals listed in this seizure disorders prohibition in the
acknowledgment that we received your notice have requested renewal of their FMCSRs for interstate CMV drivers:
comments, please include a self- exemptions from the epilepsy and Henry Counts, Jr. (MD)
addressed, stamped envelope or seizure disorders prohibition in 49 CFR David P. Crowe (VA)
postcard or print the acknowledgement 391.41(b)(8), in accordance with Michael D. Davis (ME)
page that appears after submitting FMCSA procedures. Accordingly, Dennis R. Gilles (IN)
comments online. FMCSA has evaluated these Larry G. Hediger (IL)
applications for renewal on their merits Eric J. McVetty (NH)
Privacy Act: In accordance with 5 and decided to extend each exemption
U.S.C. 553(c), DOT solicits comments Donald J. Richmond (SC)
for a renewable two-year period. Kevin L. Sprinkle (NC)
from the public to better inform its
rulemaking process. DOT posts these II. Request for Comments Patrick J. Trimbo (MN)
comments, without edit, including any Alan K. Washabaugh (PA)
Interested parties or organizations
personal information the commenter possessing information that would The drivers were included in docket
provides, to http://www.regulations.gov, otherwise show that any, or all, of these numbers FMCSA–2013–0109 and
as described in the system of records drivers are not currently achieving the FMCSA–2015–0322. Their exemptions
notice (DOT/ALL–14 FDMS), which can statutory level of safety should are applicable as of June 9, 2018, and
be reviewed at http://www.dot.gov/ immediately notify FMCSA. The will expire on June 9, 2020.
privacy. Agency will evaluate any adverse As of June 24, 2018, and in
evidence submitted and, if safety is accordance with 49 U.S.C. 31136(e) and
FOR FURTHER INFORMATION CONTACT: Ms. 31315, the following six individuals
Christine A. Hydock, Chief, Medical being compromised or if continuation of
the exemption would not be consistent have satisfied the renewal conditions for
Programs Division, 202–366–4001, obtaining an exemption from the
fmcsamedical@dot.gov, FMCSA, with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will epilepsy and seizure disorders
Department of Transportation, 1200 prohibition in the FMCSRs for interstate
New Jersey Avenue SE, Room W64–224, take immediate steps to revoke the
exemption of a driver. CMV drivers:
Washington, DC 20590–0001. Office
Heath A. Crowe (LA)
hours are from 8:30 a.m. to 5 p.m., e.t., III. Basis for Renewing Exemptions Peter Della-Rocco, Jr. (PA)
Monday through Friday, except Federal In accordance with 49 U.S.C. 31136(e) Domenick R. Panfile (NJ)
holidays. If you have questions and 31315, each of the 16 applicants has Milton N. Tatham (NV)
regarding viewing or submitting satisfied the renewal conditions for Thomas H. Tincher (NC)
material to the docket, contact Docket obtaining an exemption from the Duane A. Troff (MN)
Services, telephone (202) 366–9826. epilepsy and seizure disorders The drivers were included in docket
SUPPLEMENTARY INFORMATION: prohibition. The 16 drivers in this number FMCSA–2013–0444. Their
I. Background notice remain in good standing with the exemptions are applicable as of June 24,
Agency, have maintained their medical 2018, and will expire on June 24, 2020.
Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any
FMCSA may grant an exemption for five medical issues that would compromise IV. Conditions and Requirements
years if it finds ‘‘such exemption would their ability to safely operate a CMV The exemptions are extended subject
likely achieve a level of safety that is during the previous two-year exemption to the following conditions: (1) Each
equivalent to or greater than the level period. In addition, for Commercial driver must remain seizure-free and
that would be achieved absent such Driver’s License (CDL) holders, the maintain a stable treatment during the
exemption.’’ The statute also allows the Commercial Driver’s License two-year exemption period; (2) each
Agency to renew exemptions at the end Information System (CDLIS) and the driver must submit annual reports from
of the five-year period. FMCSA grants Motor Carrier Management Information their treating physicians attesting to the
exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash stability of treatment and that the driver
year period to align with the maximum and violation data. For non-CDL has remained seizure-free; (3) each
duration of a driver’s medical holders, the Agency reviews the driving driver must undergo an annual medical
certification. records from the State Driver’s examination by a certified Medical
The physical qualification standard Licensing Agency (SDLA). These factors Examiner, as defined by 49 CFR 390.5;
daltland on DSKBBV9HB2PROD with NOTICES

for drivers regarding epilepsy found in provide an adequate basis for predicting and (4) each driver must provide a copy
49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to of the annual medical certification to
is physically qualified to drive a CMV safely operate a CMV in interstate the employer for retention in the
if that person has no established commerce. Therefore, FMCSA driver’s qualification file, or keep a copy
medical history or clinical diagnosis of concludes that extending the exemption of his/her driver’s qualification file if
epilepsy or any other condition which for each renewal applicant for a period he/she is self-employed. The driver
is likely to cause the loss of of two years is likely to achieve a level must also have a copy of the exemption

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45736 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

when driving, for presentation to a duly • Federal eRulemaking Portal: Go to I. Background
authorized Federal, State, or local http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
enforcement official. The exemption online instructions for submitting FMCSA may grant an exemption from
will be rescinded if: (1) The person fails comments. the FMCSRs for a five-year period if it
to comply with the terms and • Mail: Docket Management Facility; finds ‘‘such exemption would likely
conditions of the exemption; (2) the U.S. Department of Transportation, 1200 achieve a level of safety that is
exemption has resulted in a lower level New Jersey Avenue SE, West Building equivalent to or greater than the level
of safety than was maintained before it Ground Floor, Room W12–140, that would be achieved absent such
was granted; or (3) continuation of the Washington, DC 20590–0001. exemption.’’ The statute also allows the
exemption would not be consistent with • Hand Delivery: West Building Agency to renew exemptions at the end
the goals and objectives of 49 U.S.C. Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
31136(e) and 31315. New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
V. Preemption DC, between 9 a.m. and 5 p.m., E.T., year period to align with the maximum
Monday through Friday, except Federal duration of a driver’s medical
During the period the exemption is in
Holidays. certification.
effect, no State shall enforce any law or
regulation that conflicts with this • Fax: 1–202–493–2251. The 46 individuals listed in this
exemption with respect to a person Instructions: Each submission must notice have requested an exemption
operating under the exemption. include the Agency name and the from the diabetes prohibition in 49 CFR
docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
VI. Conclusion that all comments received will be will evaluate the qualifications of each
Based upon its evaluation of the 16 posted without change to http:// applicant to determine whether granting
exemption applications, FMCSA renews www.regulations.gov, including any the exemption will achieve the required
the exemptions of the aforementioned personal information provided. Please level of safety mandated by statute.
drivers from the epilepsy and seizure see the Privacy Act heading below for The physical qualification standard
disorders prohibition in 49 CFR 391.41 further information. for drivers regarding diabetes found in
(b)(8). In accordance with 49 U.S.C. Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
31136(e) and 31315, each exemption read background documents or is physically qualified to drive a CMV
will be valid for two years unless comments, go to http:// if that person has no established
revoked earlier by FMCSA. www.regulations.gov at any time or medical history or clinical diagnosis of
Issued on: August 30, 2018. Room W12–140 on the ground level of diabetes mellitus currently requiring
the West Building, 1200 New Jersey insulin for control. The Agency
Larry W. Minor,
Avenue SE, Washington, DC, between 9 established the current requirement for
Associate Administrator for Policy.
a.m. and 5 p.m., E.T., Monday through diabetes in 1970 because several risk
[FR Doc. 2018–19645 Filed 9–7–18; 8:45 am]
Friday, except Federal holidays. The studies indicated that drivers with
BILLING CODE 4910–EX–P diabetes had a higher rate of crash
FDMS is available 24 hours each day
E.T., 365 days each year. If you want involvement than the general
acknowledgment that we received your population.
DEPARTMENT OF TRANSPORTATION FMCSA established its diabetes
comments, please include a self-
Federal Motor Carrier Safety addressed, stamped envelope or exemption program, based on the
Administration postcard or print the acknowledgement Agency’s July 2000 study entitled ‘‘A
page that appears after submitting Report to Congress on the Feasibility of
[Docket No. FMCSA–2018–0203] comments online. a Program to Qualify Individuals with
Privacy Act: In accordance with 5 Insulin-Treated Diabetes Mellitus to
Qualification of Drivers; Exemption Operate in Interstate Commerce as
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
from the public to better inform its Directed by the Transportation Act for
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these the 21st Century.’’ The report concluded
Administration (FMCSA), DOT. comments, without edit, including any that a safe and practicable protocol to
ACTION: Notice of applications for personal information the commenter allow some drivers with ITDM to
exemption; request for comments. provides, to http://www.regulations.gov, operate CMVs is feasible. The
as described in the system of records September 3, 2003 (68 FR 52441),
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can Federal Register notice in conjunction
applications from 46 individuals for an be reviewed at http://www.dot.gov/ with the November 8, 2005 (70 FR
exemption from the prohibition in the privacy. 67777), Federal Register notice provides
Federal Motor Carrier Safety the current protocol for allowing such
Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms. drivers to operate CMVs in interstate
with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical commerce.
(ITDM) operating a commercial motor Programs Division, (202) 366–4001, FMCSA notes that section 4129 of the
vehicle (CMV) in interstate commerce. If fmcsamedical@dot.gov, FMCSA, Safe, Accountable, Flexible and
granted, the exemptions would enable Department of Transportation, 1200 Efficient Transportation Equity Act: A
these individuals with ITDM to operate New Jersey Avenue SE, Room W64–224, Legacy for Users requires the Secretary
CMVs in interstate commerce. Washington, DC 20590–0001. Office to revise its diabetes exemption program
daltland on DSKBBV9HB2PROD with NOTICES

DATES: Comments must be received on hours are 8:30 a.m. to 5 p.m., E.T., established on September 3, 2003 (68 FR
or before October 10, 2018. Monday through Friday, except Federal 52441). The revision must provide for
ADDRESSES: You may submit comments holidays. If you have questions individual assessment of drivers with
bearing the Federal Docket Management regarding viewing or submitting diabetes mellitus, and be consistent
System (FDMS) Docket No. FMCSA– material to the docket, contact Docket with the criteria described in section
2018–0203 using any of the following Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act
methods: SUPPLEMENTARY INFORMATION: for the 21st Century (49 U.S.C. 31305).

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Document Created: 2018-09-08 00:43:36
Document Modified: 2018-09-08 00:43:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before October 10, 2018.
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.
FR Citation		83 FR 45734

83 FR 45734 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration