83 FR 60940 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60940-60942 | |
| FR Document | 2018-25843 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60940-60942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25843] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0057] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from eight individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. DATES: Comments must be received on or before December 27, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0057 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., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. To avoid duplication, please use only one of these four methods. See the ``Public Participation'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET, 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. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2018-0057), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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, put the docket number, FMCSA-2018-0057, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. FMCSA will consider all comments and material received during the comment period. B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0057, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. 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. [[Page 60941]] The eight individuals listed in this notice have requested an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria \1\ to assist Medical Examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs 3, 4, and 5.] --------------------------------------------------------------------------- \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. --------------------------------------------------------------------------- The advisory criteria states the following: If an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person's condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the Medical Examiner in consultation with the treating physician. Before certification is considered, it is suggested that a six-month waiting period elapse from the time of the episode. Following the waiting period, it is suggested that the individual have a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, then the driver may be qualified. In those individual cases where a driver had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti-seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for a five- year period or more. As a result of Medical Examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified Medical Examiner based on the physical qualification standards and medical best practices. On January 15, 2013, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate CMV drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' Since the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 3069). III. Qualifications of Applicants Kevin L. Addington Mr. Addington is a 45-year-old class C driver in Pennsylvania. He has a history of epilepsy and has been seizure free since 1991. He takes anti-seizure medication with the dosage and frequency remaining the same since 2007. His physician states that he is supportive of Mr. Addington receiving an exemption. Miodrag Djukanovic Mr. Djukanovic is a 59-year-old class C driver in Oregon. He has a history of epilepsy and has been seizure free since 2018. He takes anti-seizure medication with the dosage and frequency remaining the same since November 2016. His physician states that he is supportive of Mr. Djukanovic receiving an exemption. Daniel R. Gast Mr. Gast is a 49-year-old class CM CDL holder in Kansas. He has a history of a seizure disorder and has been seizure free since January 2008. He takes anti-seizure medication with the dosage and frequency remaining the same since September 2016. His physician states that he is supportive of Mr. Gast receiving an exemption. David R. Johnston Mr. Johnston is a 49-year-old class B CDL holder in Minnesota. He has a history of a single provoked seizure and has been seizure free since 2017. He does not take anti-seizure medication. His physician states that he is supportive of Mr. Johnston receiving an exemption. Sheldon R. Martin Mr. Martin is a 36-year-old class C driver in New York. He has a history of epilepsy and has been seizure free since 2007. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Martin receiving an exemption. Brian L. McDaniel Mr. McDaniel is a 47-year-old class E driver in Missouri. He has a history of a seizure disorder and has been seizure free since 1992. He takes anti-seizure medication with the dosage and frequency remaining the same since 1992. His physician states that he is supportive of Mr. Mc Daniel receiving an exemption. Kevin D. Wiggins Mr. Wiggins is a 51-year-old class B CDL holder in Kentucky. He has a history of a seizure disorder and has been seizure free since 1983. He takes anti-seizure medication with the dosage and frequency remaining the same since 1983. His physician states that she is supportive of Mr. Wiggins receiving an exemption. Robert R. Woods, Jr. Mr. Woods is a 60-year-old class A CDL holder in Connecticut. He has a history of a seizure disorder and has been seizure free since 2007. He stopped taking anti-seizure medication in 1975. His physician states that he is supportive of Mr. Woods receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public [[Page 60942]] 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. Issued on: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25843 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
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16. Migratory Bird Treaty Act would enable these individuals who docket number, FMCSA–2018–0057, in
17. Water Bank Act Wetlands Mitigation have had one or more seizures and are the keyword box, and click ‘‘Search.’’
Banks, ISTEA 1991, Sections 1006– taking anti-seizure medication to When the new screen appears, click on
1007 operate CMVs in interstate commerce. the ‘‘Comment Now!’’ button and type
18. Wildflowers, Surface Transportation DATES: Comments must be received on your comment into the text box on the
and Uniform Relocation Act of 1987 or before December 27, 2018. following screen. Choose whether you
Section 130 ADDRESSES: You may submit comments are submitting your comment as an
19. Coastal Zone Management Act of identified by the Federal Docket individual or on behalf of a third party
1972 Management System (FDMS) Docket No. and then submit.
20. Coastal Zone Management Act FMCSA–2018–0057 using any of the If you submit your comments by mail
Reauthorization Amendments of following methods: or hand delivery, submit them in an
1990 • Federal eRulemaking Portal: Go to unbound format, no larger than 81⁄2 by
21. Executive Order 11988, Floodplain http://www.regulations.gov. Follow the 11 inches, suitable for copying and
Management online instructions for submitting electronic filing. If you submit
22. Department of Transportation (DOT) comments. comments by mail and would like to
Executive Order 5650.2— • Mail: Docket Management Facility; know that they reached the facility,
Floodplain Management and U.S. Department of Transportation, 1200 please enclose a stamped, self-addressed
Protection (April 23, 1979) New Jersey Avenue SE, West Building postcard or envelope.
23. Rivers and Harbors Appropriation Ground Floor, Room W12–140, FMCSA will consider all comments
Act of 1899, Sections 9 and 10 Washington, DC 20590–0001. and material received during the
24. Title VI of the Civil Rights Act of • Hand Delivery: West Building comment period.
1964, as amended Ground Floor, Room W12–140, 1200
25. Executive Order 12898, Federal New Jersey Avenue SE, Washington, B. Viewing Documents and Comments
Actions To Address Environmental DC, between 9 a.m. and 5 p.m., ET, To view comments, as well as any
Justice and Low-Income Monday through Friday, except Federal documents mentioned in this notice as
Populations Holidays. being available in the docket, go to
• Fax: 1–202–493–2251. http://www.regulations.gov. Insert the
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
To avoid duplication, please use only docket number, FMCSA–2018–0057, in
and Construction. The regulations one of these four methods. See the the keyword box, and click ‘‘Search.’’
implementing Executive Order 12372 ‘‘Public Participation’’ portion of the Next, click the ‘‘Open Docket Folder’’
regarding intergovernmental consultation on SUPPLEMENTARY INFORMATION section for
button and choose the document to
Federal programs and activities apply to this instructions on submitting comments. review. If you do not have access to the
program.) FOR FURTHER INFORMATION CONTACT: Ms. internet, you may view the docket
Authority: 23 U.S.C. 139(l)(1). Christine A. Hydock, Chief, Medical online by visiting the Docket
Programs Division, (202) 366–4001, Management Facility in Room W12–140
Dated: November 19, 2018. fmcsamedical@dot.gov, FMCSA,
Matthew Schmitz,
on the ground floor of the DOT West
Department of Transportation, 1200 Building, 1200 New Jersey Avenue SE,
Director, Project Delivery, Federal Highway New Jersey Avenue SE, Room W64–224,
Administration, Sacramento, California.
Washington, DC 20590, between 9 a.m.
Washington, DC 20590–0001. Office and 5 p.m., ET, Monday through Friday,
[FR Doc. 2018–25877 Filed 11–26–18; 8:45 am] hours are 8:30 a.m. to 5 p.m., ET, except Federal holidays.
BILLING CODE 4910–RY–P Monday through Friday, except Federal
holidays. If you have questions C. Privacy Act
regarding viewing or submitting In accordance with 5 U.S.C. 553(c),
DEPARTMENT OF TRANSPORTATION material to the docket, contact Docket DOT solicits comments from the public
Services, telephone (202) 366–9826. to better inform its rulemaking process.
Federal Motor Carrier Safety
SUPPLEMENTARY INFORMATION: DOT posts these comments, without
Administration
I. Public Participation edit, including any personal information
[Docket No. FMCSA–2018–0057] the commenter provides, to
A. Submitting Comments www.regulations.gov, as described in
Qualification of Drivers; Exemption
If you submit a comment, please the system of records notice (DOT/ALL–
Applications; Epilepsy and Seizure
include the docket number for this 14 FDMS), which can be reviewed at
Disorders
notice (Docket No. FMCSA–2018–0057), www.dot.gov/privacy.
AGENCY: Federal Motor Carrier Safety indicate the specific section of this II. Background
Administration (FMCSA), DOT. document to which each comment
ACTION: Notice of applications for applies, and provide a reason for each Under 49 U.S.C. 31136(e) and 31315,
exemption; request for comments. suggestion or recommendation. You FMCSA may grant an exemption from
may submit your comments and the FMCSRs for a five-year period if it
SUMMARY: FMCSA announces receipt of material online or by fax, mail, or hand finds ‘‘such exemption would likely
applications from eight individuals for delivery, but please use only one of achieve a level of safety that is
an exemption from the prohibition in these means. FMCSA recommends that equivalent to or greater than the level
the Federal Motor Carrier Safety you include your name and a mailing that would be achieved absent such
amozie on DSK3GDR082PROD with NOTICES1
Regulations (FMCSRs) against persons address, an email address, or a phone exemption.’’ The statute also allows the
with a clinical diagnosis of epilepsy or number in the body of your document Agency to renew exemptions at the end
any other condition that is likely to so that FMCSA can contact you if there of the five-year period. FMCSA grants
cause a loss of consciousness or any loss are questions regarding your exemptions from the FMCSRs for a two-
of ability to control a commercial motor submission. year period to align with the maximum
vehicle (CMV) to drive in interstate To submit your comment online, go to duration of a driver’s medical
commerce. If granted, the exemptions http://www.regulations.gov, put the certification.
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60941
The eight individuals listed in this Drivers who have a history of 2016. His physician states that he is
notice have requested an exemption epilepsy/seizures, off anti-seizure supportive of Mr. Djukanovic receiving
from the epilepsy and seizure disorders medication and seizure-free for 10 years, an exemption.
prohibition in 49 CFR 391.41(b)(8). may be qualified to operate a CMV in
Daniel R. Gast
Accordingly, the Agency will evaluate interstate commerce. Interstate drivers
the qualifications of each applicant to with a history of a single unprovoked Mr. Gast is a 49-year-old class CM
determine whether granting the seizure may be qualified to drive a CMV CDL holder in Kansas. He has a history
exemption will achieve the required in interstate commerce if seizure-free of a seizure disorder and has been
level of safety mandated by statute. and off anti-seizure medication for a seizure free since January 2008. He takes
The physical qualification standard five-year period or more. anti-seizure medication with the dosage
for drivers regarding epilepsy found in As a result of Medical Examiners and frequency remaining the same since
49 CFR 391.41(b)(8) states that a person misinterpreting advisory criteria as September 2016. His physician states
is physically qualified to drive a CMV regulation, numerous drivers have been that he is supportive of Mr. Gast
if that person has no established prohibited from operating a CMV in receiving an exemption.
medical history or clinical diagnosis of interstate commerce based on the fact David R. Johnston
epilepsy or any other condition which that they have had one or more seizures
is likely to cause the loss of Mr. Johnston is a 49-year-old class B
and are taking anti-seizure medication,
consciousness or any loss of ability to CDL holder in Minnesota. He has a
rather than an individual analysis of
control a CMV. history of a single provoked seizure and
their circumstances by a qualified
In addition to the regulations, FMCSA has been seizure free since 2017. He
Medical Examiner based on the physical
has published advisory criteria 1 to does not take anti-seizure medication.
qualification standards and medical best
assist Medical Examiners in His physician states that he is
practices.
determining whether drivers with supportive of Mr. Johnston receiving an
On January 15, 2013, FMCSA
certain medical conditions are qualified exemption.
announced in a Notice of Final
to operate a CMV in interstate Disposition titled, Qualification of Sheldon R. Martin
commerce. [49 CFR part 391, Drivers; Exemption Applications;
APPENDIX A TO PART 391—MEDICAL Mr. Martin is a 36-year-old class C
Epilepsy and Seizure Disorders, (78 FR driver in New York. He has a history of
ADVISORY CRITERIA, section H. 3069), its decision to grant requests from
Epilepsy: § 391.41(b)(8), paragraphs 3, 4, epilepsy and has been seizure free since
22 individuals for exemptions from the 2007. He takes anti-seizure medication
and 5.] regulatory requirement that interstate
The advisory criteria states the with the dosage and frequency
CMV drivers have ‘‘no established remaining the same since 2013. His
following:
If an individual has had a sudden medical history or clinical diagnosis of physician states that he is supportive of
episode of a non-epileptic seizure or epilepsy or any other condition which Mr. Martin receiving an exemption.
loss of consciousness of unknown cause is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’ Brian L. McDaniel
that did not require anti-seizure
medication, the decision whether that Since the January 15, 2013 notice, the Mr. McDaniel is a 47-year-old class E
person’s condition is likely to cause the Agency has published additional driver in Missouri. He has a history of
loss of consciousness or loss of ability notices granting requests from a seizure disorder and has been seizure
to control a CMV should be made on an individuals for exemptions from the free since 1992. He takes anti-seizure
individual basis by the Medical regulatory requirement regarding medication with the dosage and
Examiner in consultation with the epilepsy found in 49 CFR 391.41(b)(8). frequency remaining the same since
treating physician. Before certification is To be considered for an exemption 1992. His physician states that he is
considered, it is suggested that a six- from the epilepsy and seizure disorders supportive of Mr. Mc Daniel receiving
prohibition in 49 CFR 391.41(b)(8), an exemption.
month waiting period elapse from the
time of the episode. Following the applicants must meet the criteria in the Kevin D. Wiggins
waiting period, it is suggested that the 2007 recommendations of the Agency’s
Medical Expert Panel (MEP) (78 FR Mr. Wiggins is a 51-year-old class B
individual have a complete neurological CDL holder in Kentucky. He has a
examination. If the results of the 3069).
history of a seizure disorder and has
examination are negative and anti- III. Qualifications of Applicants been seizure free since 1983. He takes
seizure medication is not required, then anti-seizure medication with the dosage
the driver may be qualified. Kevin L. Addington
and frequency remaining the same since
In those individual cases where a Mr. Addington is a 45-year-old class 1983. His physician states that she is
driver had a seizure or an episode of C driver in Pennsylvania. He has a supportive of Mr. Wiggins receiving an
loss of consciousness that resulted from history of epilepsy and has been seizure exemption.
a known medical condition (e.g., drug free since 1991. He takes anti-seizure
reaction, high temperature, acute medication with the dosage and Robert R. Woods, Jr.
infectious disease, dehydration, or acute frequency remaining the same since Mr. Woods is a 60-year-old class A
metabolic disturbance), certification 2007. His physician states that he is CDL holder in Connecticut. He has a
should be deferred until the driver has supportive of Mr. Addington receiving history of a seizure disorder and has
recovered fully from that condition, has an exemption. been seizure free since 2007. He stopped
no existing residual complications, and taking anti-seizure medication in 1975.
amozie on DSK3GDR082PROD with NOTICES1
is not taking anti-seizure medication. Miodrag Djukanovic
His physician states that he is
Mr. Djukanovic is a 59-year-old class supportive of Mr. Woods receiving an
1 See http://www.ecfr.gov/cgi-bin/text- C driver in Oregon. He has a history of exemption.
idx?SID=e47b48a9ea42dd67d999246e23d97970 epilepsy and has been seizure free since
&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
2018. He takes anti-seizure medication IV. Request for Comments
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
2015-title49-vol5/pdf/CFR-2015-title49-vol5- with the dosage and frequency In accordance with 49 U.S.C. 31136(e)
part391-appA.pdf. remaining the same since November and 31315, FMCSA requests public
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![60942 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
comment from all interested persons on instructions for submitting comments SUPPLEMENTARY INFORMATION:
the exemption petitions described in on the Federal electronic docket site.
Background
this notice. We will consider all • Fax: 1–202–493–2251.
comments received before the close of • Mail: Docket Management Facility, FMCSA has authority to grant
business on the closing date indicated U.S. Department of Transportation, exemptions from some of the Federal
in the dates section of the notice. Room W12–140, 1200 New Jersey Motor Carrier Safety Regulations
Avenue SE, Washington, DC 20590– (FMCSRs). Under 49 CFR part 381,
Issued on: November 20, 2018.
0001. FMCSA must publish a notice of each
Larry W. Minor, exemption request in the Federal
• Hand Delivery: Ground Floor, Room
Associate Administrator for Policy. Register (49 CFR 381.315(a)). The
W12–140, DOT Building, 1200 New
[FR Doc. 2018–25843 Filed 11–26–18; 8:45 am]
Jersey Avenue SE, Washington, DC, Agency must provide the public with an
BILLING CODE 4910–EX–P between 9 a.m. and 5 p.m. e.t., Monday– opportunity to inspect the information
Friday, except Federal holidays. relevant to the application, including
Instructions: All submissions must any safety analyses that have been
DEPARTMENT OF TRANSPORTATION conducted. The Agency must also
include the Agency name and docket
number for this notice. For detailed provide an opportunity for public
Federal Motor Carrier Safety comment on the request.
Administration instructions on submitting comments
and additional information on the The Agency reviews the safety
[Docket No. FMCSA–2018–0321] exemption process, see the ‘‘Public analyses and the public comments and
Participation’’ heading below. Note that determines whether granting the
Parts and Accessories Necessary for all comments received will be posted exemption would likely achieve a level
Safe Operation; Application for an without change to http:// of safety equivalent to or greater than
Exemption From SmartDrive Systems, www.regulations.gov, including any the level that would be achieved by the
Inc. personal information provided. Please current regulation (49 CFR 381.305(a)).
The decision of the Agency must be
AGENCY: Federal Motor Carrier Safety see the ‘‘Privacy Act’’ heading for
published in the Federal Register (49
Administration (FMCSA), DOT. further information.
CFR 381.315(b)). If the Agency denies
ACTION: Notice of application for Docket: For access to the docket to
the request, it must state the reason for
exemption; request for comments. read background documents or
doing so. If the decision is to grant the
comments received, go to http://
exemption, the notice must specify the
SUMMARY: The Federal Motor Carrier www.regulations.gov or to Room W12–
person or class of persons receiving the
Safety Administration (FMCSA) 140, DOT Building, 1200 New Jersey
exemption and the regulatory provision
requests public comment on an Avenue SE, Washington, DC, between 9
or provisions from which an exemption
application for exemption from a.m. and 5 p.m., Monday through
is granted. The notice must specify the
SmartDrive Systems, Inc. (SmartDrive) Friday, except Federal holidays.
effective period of the exemption (up to
to allow an Advanced Driver Assistance Privacy Act: In accordance with 5
5 years) and explain the terms and
Systems (ADAS) camera to be mounted U.S.C. 553(c), DOT solicits comments
conditions of the exemption. The
lower in the windshield than is from the public to better inform its
exemption may be renewed (49 CFR
currently permitted. Mounting the rulemaking process. DOT posts these
381.315(c) and 49 CFR 381.300(b)).
camera in this location does not meet comments, without edit, including any
the driver’s field of view requirements personal information the commenter SmartDrive’s Application for
for windshields. The Federal Motor provides, to www.regulations.gov, as Exemption
Carrier Safety Regulations (FMCSR) described in the system of records SmartDrive has applied for an
require devices meeting the definition of notice (DOT/ALL–14 FDMS), which can exemption from 49 CFR 393.60(e)(1) to
‘‘vehicle safety technology’’ to be be reviewed at www.dot.gov/privacy. allow an ADAS camera to be mounted
mounted not more than 4 inches below Public Participation: The http:// lower in the windshield than is
the upper edge of the area swept by the www.regulations.gov website is currently permitted. A copy of the
windshield wipers, or not more than 7 generally available 24 hours each day, application is included in the docket
inches above the lower edge of the area 365 days each year. You may find referenced at the beginning of this
swept by the windshield wipers, and electronic submission and retrieval help notice.
outside the driver’s sight lines to the and guidelines under the ‘‘help’’ section Section 393.60(e)(1)(i) of the FMCSRs
road and highway signs and signals. of the http://www.regulations.gov prohibits the obstruction of the driver’s
Because the ADAS camera would be website as well as the DOT’s http:// field of view by devices mounted at the
mounted outside of the driver’s normal docketsinfo.dot.gov website. If you top of the windshield. Antennas and
sight lines to the road ahead, highway would like notification that we received similar devices must not be mounted
signs, signals or any mirrors, SmartDrive your comments, please include a self- more than 152 mm (6 inches) below the
believes that they will maintain a level addressed, stamped envelope or upper edge of the windshield, and
of safety that is equivalent to, or greater postcard or print the acknowledgment outside the driver’s sight lines to the
than, the level of safety achieved page that appears after submitting road and highway signs and signals.
without the exemption. comments online. Section 393.60(e)(1)(i) does not apply to
DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. vehicle safety technologies, as defined
or before December 27, 2018. Luke W. Loy, Vehicle and Roadside in 390.5, including ‘‘a fleet-related
amozie on DSK3GDR082PROD with NOTICES1
ADDRESSES: You may submit comments Operations Division, Office of Carrier, incident management system,
bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, performance or behavior management
System (FDMS) Docket ID FMCSA– (202) 366–0676, Luke.Loy@dot.gov, system, speed management system, lane
2018–0321 using any of the following Federal Motor Carrier Safety departure warning system, forward
methods: Administration, 1200 New Jersey collision warning or mitigation system,
• Website: http:// Avenue SE, Washington, DC 20590– active cruise control system, and
www.regulations.gov. Follow the 0001. transponder.’’ Section 393.60(e)(1)(ii)
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61168/page/3.svg)
Document Created: 2018-11-27 01:24:06
Document Modified: 2018-11-27 01:24:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before December 27, 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 8:30 a.m. to 5 p.m., ET, 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 60940 |
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