Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices 12643

medical history or clinical diagnosis of Leon A. Stannard V. Viewing Comments and Documents epilepsy or any other condition which Mr. Stannard, 70, has a history of a To view comments, as well as any is likely to cause loss of consciousness documents mentioned in this preamble, or any loss of ability to control a CMV.’’ single unprovoked seizure and has been seizure free since 1980. He takes anti- go to http://www.regulations.gov and in Since the January 15, 2013 notice, the the search box insert the docket number Agency has published additional seizure medication, with the dosage and frequency remaining the same since FMCSA–2018–0050 and click ‘‘Search.’’ notices granting requests from Next, click ‘‘Open Docket Folder’’ and individuals for exemptions from the 1998. His physician states that he is supportive of Mr. Stannard receiving an you will find all documents and regulatory requirement regarding comments related to this notice. epilepsy found in 49 CFR 391.41(b)(8). exemption. William P. Swick Issued on: March 16, 2018. To be considered for an exemption Larry W. Minor, from the epilepsy and seizure disorders Mr. Swick, 63, has a history of a Associate Administrator for Policy. prohibition in 49 CFR 391.41(b)(8), seizure disorder and has been seizure applicants must meet the criteria in the [FR Doc. 2018–05861 Filed 3–21–18; 8:45 am] free since 2005. He takes anti-seizure BILLING CODE 4910–EX–P 2007 recommendations of the Agency’s medication, with the dosage and Medical Expert Panel (MEP) (78 FR frequency remaining the same since 3069). 2009. His physician states that he is DEPARTMENT OF TRANSPORTATION II. Qualifications of Applicants supportive of Mr. Swick receiving an exemption. Federal Motor Carrier Safety Brian Lee Johnson Administration III. Request for Comments Mr. Johnson, 59, has a history of [Docket No. FMCSA–2018–0098] generalized seizure disorder and has In accordance with 49 U.S.C. 31136(e) been seizure free since 1984. He takes and 31315, FMCSA requests public Parts and Accessories Necessary for anti-seizure medication, with the dosage comment from all interested persons on Safe Operation; Application for an and frequency remaining the same since the exemption petitions described in Exemption From Traditional Trucking 1984. His physician states that she is this notice. We will consider all Corporation comments received before the close of supportive of Mr. Johnson receiving an AGENCY: Federal Motor Carrier Safety exemption. business on the closing date indicated in the dates section of the notice. Administration (FMCSA), DOT. Gerald Klein Jr. ACTION: Notice of application for IV. Submitting Comments exemption; request for comments. Mr. Klein, 43, has a history of You may submit your comments and SUMMARY: The Federal Motor Carrier epilepsy and has been seizure free since material online or by fax, mail, or hand 2009. He takes anti-seizure medication, Safety Administration (FMCSA) delivery, but please use only one of requests public comment on an with the dosage and frequency these means. FMCSA recommends that remaining the same since 2009. His application for exemption from you include your name and a mailing Traditional Trucking Corporation (TTC) physician states that he is supportive of address, an email address, or a phone Mr. Klein receiving an exemption. to allow a Global Positioning System number in the body of your document (GPS) device to be mounted on the Shane W. Martinek so that FMCSA can contact you if there interior of the windshield of a are questions regarding your commercial motor vehicle (CMV) within Mr. Martinek, 40, has a history of submission. the areas allowed for ‘‘vehicle safety seizure disorder and has been seizure To submit your comment online, go to technology’’ devices. The Federal Motor free since 1991. He takes anti-seizure http://www.regulations.gov and in the Carrier Safety Regulations (FMCSR) medication, with the dosage and search box insert the docket number require devices using ‘‘vehicle safety frequency remaining the same since FMCSA–2018–0050 and click the search technology’’ to be mounted (A) not more 1991. His physician states that he is button. When the new screen appears, than 4 inches below the upper edge of supportive of Mr. Martinek receiving an click on the blue ‘‘Comment Now!’’ the area swept by the windshield exemption. button on the right hand side of the wipers, or (B) not more than 7 inches Sean P. Plover page. On the new page, enter above the lower edge of the area swept information required including the by the windshield wipers, and (C) Mr. Plover, 29, has a history of specific section of this document to outside the driver’s sight lines to the provoked seizures and has been seizure which each comment applies, and road and highway signs and signals. free since 2006. He takes anti-seizure provide a reason for each suggestion or GPS is not considered a ‘‘vehicle safety medication, with the dosage and recommendation. If you submit your technology’’ under the definition in the frequency remaining the same since comments by mail or hand delivery, regulation, and as such, GPS devices are 2006. His physician states that he is submit them in an unbound format, no not permitted to be mounted on the supportive of Mr. Plover receiving an larger than 81⁄2 by 11 inches, suitable for interior of the windshield and within exemption. copying and electronic filing. If you the area swept by the windshield submit comments by mail and would Stephen M. Soden wipers. TTC believes that the exemption like to know that they reached the will maintain a level of safety that is Mr. Soden, 27, has a history of facility, please enclose a stamped, self- equivalent to, or greater than, the level epilepsy and has been seizure free since addressed postcard or envelope. of safety achieved without the 2009. He takes anti-seizure medication, We will consider all comments and exemption because the GPS device is with the dosage and frequency materials received during the comment approximately the same size as vehicle remaining the same since 2015. His period. FMCSA may issue a final safety technology devices, and the physician states that he is supportive of determination at any time after the close current mounting location is much Mr. Soden receiving an exemption. of the comment period. lower in the vehicle which causes the

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driver to look away from the road to page that appears after submitting in § 390.5, including ‘‘a fleet-related view the GPS device. comments online. incident management system, DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Jose performance or behavior management or before April 23, 2018. R. Cestero, Vehicle and Roadside system, speed management system, lane ADDRESSES: You may submit comments Operations Division, Office of Carrier, departure warning system, forward bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, collision warning or mitigation system, System (FDMS) Docket ID FMCSA– (202) 366–5541, Federal Motor Carrier active cruise control system, and 2018–0098 using any of the following Safety Administration, 1200 New Jersey transponder.’’ Section 393.60(e)(1)(ii) methods: Avenue SE, Washington, DC 20590– requires devices with vehicle safety • Website: http:// 0001. technologies to be mounted (1) not more than 100 mm (4 inches) below the upper www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: instructions for submitting comments edge of the area swept by the on the Federal electronic docket site. Background windshield wipers, or (2) not more than • Fax: 1–202–493–2251. Under 49 CFR 381.315(a), FMCSA 175 mm (7 inches) above the lower edge • Mail: Docket Management Facility, must publish a notice of each exemption of the area swept by the windshield U.S. Department of Transportation, request in the Federal Register. The wipers, and outside the driver’s sight Room W12–140, 1200 New Jersey Agency must provide the public with an lines to the road and highway signs and Avenue SE, Washington, DC 20590– opportunity to inspect the information signals. In its application, TTC states; 0001. relevant to the application, including • Hand Delivery: Ground Floor, Room any safety analyses that have been The exemption is necessary because the W12–140, DOT Building, 1200 New conducted. The Agency must also dash is not suitable for mounting the fixture Jersey Avenue SE, Washington, DC, provide an opportunity for public to hold the GPS unit, and the location of the between 9 a.m. and 5 p.m. e.t., Monday– GPS unit (if mounted on the top of the dash) comment on the request. is in the same location as currently allowed Friday, except Federal holidays. The Agency reviews the safety for ‘‘vehicle safety technologies’’ mounted on Instructions: All submissions must analyses and the public comments and the windshield. The GPS fixture cannot be include the Agency name and docket determines whether granting the mounted to the ‘‘face’’ of the control panel number for this notice. For detailed exemption would likely achieve a level as that area is covered with controls and instructions on submitting comments of safety equivalent to or greater than displays necessary for the operation of the and additional information on the the level that would be achieved by the commercial vehicle . . . exemption process, see the ‘‘Public current regulation (49 CFR 381.305). We do not believe that there will be any Participation’’ heading below. Note that potential impacts to safety due to the The decision of the Agency must be requested temporary exemption. The size of all comments received will be posted published in the Federal Register (49 GPS units is approximately the same size as without change to http:// CFR 381.315(b)). If the Agency denies the currently allowed ‘‘vehicle safety www.regulations.gov, including any the request, it must state the reason for technologies’’ and the current location is personal information provided. Please doing so. If the decision is to grant the much lower within the CMV which takes the see the ‘‘Privacy Act’’ heading for exemption, the notice must specify the driver’s eyes farther from the road to further information. person or class of persons receiving the determine his/her vehicle’s correct lane, Docket: For access to the docket to exemption and the regulatory provision bridge height, speed, etc. The current read background documents or allowed location is a more unsafe operating or provisions from which an exemption condition. comments received, go to http:// is granted. The notice must specify the The exemption would be for any carrier www.regulations.gov or to Room W12– effective period of the exemption (up to who wishes to mount a GPS device on the 140, DOT Building, 1200 New Jersey 5 years) and explain its terms and windshield within the area defined for Avenue SE, Washington, DC, between 9 conditions. The exemption may be ‘‘vehicle safety technology’’—not more than a.m. and 5 p.m., Monday through renewed (49 CFR 381.315(c) and 49 CFR 4 inches below the upper edge of the Friday, except Federal holidays. 381.300(b)). windshield wipers, and not more than 7 Privacy Act: In accordance with 5 inches above the lower edge of the area swept U.S.C. 553(c), DOT solicits comments TTC Application for Exemption by the windshield wipers and outside the driver’s sight lines to the road and highway from the public to better inform its TTC has applied for an exemption signs and signals. This would yield an rulemaking process. DOT posts these from 49 CFR 393.60(e)(1)(i) to allow a equivalent level of safety for GPS devices as comments, without edit, including any GPS device to be mounted on the compared to those ‘‘vehicle safety personal information the commenter interior of the windshield of a CMV technologies,’’ and it would be a potentially provides, to www.regulations.gov, as within the areas allowed for devices safer location than lower in the CMV where described in the system of records with ‘‘vehicle safety technology’’ as the driver must take his/her eyes off the road notice (DOT/ALL–14 FDMS), which can defined in the FMCSRs. A copy of the to look at the location of his CMV on the GPS be reviewed at www.dot.gov/privacy. application is included in the docket device. Back in August of 2016, in the BASIC Public participation: The http:// SMS, our Unsafe-driving category was in the referenced at the beginning of this cautionary status. Only one of the violations www.regulations.gov website is notice. was not due to speeding; all of those with generally available 24 hours each day, Section 393.60(e)(1)(i) of the FMCSRs violations said it was due to a speed limit 365 days each year. You may find prohibits the obstruction of the driver’s change and they were keeping with what electronic submission and retrieval help field of view by devices mounted on the they thought was the speed limit. GPS and guidelines under the ‘‘help’’ section interior of the windshield. Antennas systems display the posted speed limit and of the http://www.regulations.gov and similar devices must not be flash in red when they are traveling above the website as well as the DOT’s http:// mounted more than 152 mm (6 inches) posted speed limit. docketsinfo.dot.gov website. If you below the upper edge of the windshield, The exemption would apply to all would like notification that we received and outside the driver’s sight lines to CMV operators driving vehicles with your comments, please include a self- the road and highway signs and signals. GPS devices. TTC believes that addressed, stamped envelope or Section 393.60(e)(1)(i) does not apply to mounting the system as described will postcard or print the acknowledgment vehicle safety technologies, as defined maintain a level of safety that is

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equivalent to, or greater than, the level Programs Division, (202) 366–4001, In addition to the regulations, FMCSA of safety achieved without the [email protected], FMCSA, has published advisory criteria 1 to exemption. Department of Transportation, 1200 assist medical examiners in determining New Jersey Avenue SE, Room W64–224, whether drivers with certain medical Request for Comments Washington, DC 20590–0001. Office conditions are qualified to operate a In accordance with 49 U.S.C. 31315 hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR and 31136(e), FMCSA requests public Monday through Friday, except Federal part 391, APPENDIX A TO PART 391— comment from all interested persons on holidays. If you have questions MEDICAL ADVISORY CRITERIA, TTC’s application for an exemption regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8), from 49 CFR 393.60(e)(i). All comments material to the docket, contact Docket paragraphs 3, 4, and 5.] received before the close of business on Services, telephone (202) 366–9826. III. Discussion of Comments the comment closing date indicated at SUPPLEMENTARY INFORMATION: the beginning of this notice will be FMCSA received zero comments in considered and will be available for I. Electronic Access this proceeding. examination in the docket at the You may see all the comments online IV. Basis for Exemption Determination location listed under the ADDRESSES through the Federal Document Under 49 U.S.C. 31136(e) and section of this notice. Comments Management System (FDMS) at: http:// received after the comment closing date 31315(b), FMCSA may grant an www.regulations.gov. exemption from the epilepsy and will be filed in the public docket and Docket: For access to the docket to will be considered to the extent seizure disorder prohibition in 49 CFR read background documents or 391.41(b)(8) if the exemption is likely to practicable. In addition to late comments, go to http:// comments, FMCSA will also continue to achieve an equivalent or greater level of www.regulations.gov and/or Room safety than would be achieved without file, in the public docket, relevant W12–140 on the ground level of the information that becomes available after the exemption. The exemption allows West Building, 1200 New Jersey Avenue the applicants to operate CMVs in the comment closing date. Interested SE, Washington, DC, between 9 a.m. and persons should continue to examine the interstate commerce. 5 p.m., e.t., Monday through Friday, In reaching the decision to grant these public docket for new material. except Federal holidays. exemption requests, FMCSA considered Issued on: March 16, 2018. Privacy Act: In accordance with 5 the 2007 recommendations of the Larry W. Minor, U.S.C. 553(c), DOT solicits comments Agency’s Medical Expert Panel (MEP). Associate Administrator for Policy. from the public to better inform its The January 15, 2013, Federal Register [FR Doc. 2018–05864 Filed 3–21–18; 8:45 am] rulemaking process. DOT posts these notice (78 FR 3069) provides the current comments, without edit, including any BILLING CODE 4910–EX–P MEP recommendations which is the personal information the commenter criteria the Agency uses to grant seizure provides, to http://www.regulations.gov, exemptions. DEPARTMENT OF TRANSPORTATION as described in the system of records The Agency’s decision regarding these notice (DOT/ALL–14 FDMS), which can exemption applications is based on an Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ individualized assessment of each Administration privacy. applicant’s medical information, [FMCSA Docket No. FMCSA–2017–0253] II. Background including the root cause of the respective seizure(s) and medical Qualification of Drivers; Exemption On January 16, 2018, FMCSA information about the applicant’s Applications; Epilepsy and Seizure published a notice announcing receipt seizure history, the length of time that Disorders of applications from four individuals has elapsed since the individual’s last requesting an exemption from the seizure, the stability of each individual’s AGENCY: Federal Motor Carrier Safety epilepsy and seizure disorders treatment regimen and the duration of Administration (FMCSA), DOT. prohibition in 49 CFR 391.41(b)(8) and time on or off of anti-seizure ACTION: Notice of final disposition. requested comments from the public (83 medication. In addition, the Agency FR 2298). The public comment period reviewed the treating clinician’s SUMMARY: FMCSA announces its ended on February 15, 2018, and zero medical opinion related to the ability of decision to exempt four individuals comments were received. the driver to safely operate a CMV with from the requirement in the Federal FMCSA has evaluated the eligibility a history of seizure and each applicant’s Motor Carrier Safety Regulations of these applicants and determined that driving record found in the Commercial (FMCSRs) that interstate commercial granting exemptions to these Driver’s License Information System motor vehicle (CMV) drivers have ‘‘no individuals would achieve a level of (CDLIS) for commercial driver’s license established medical history or clinical safety equivalent to or greater than the (CDL) holders, and interstate and diagnosis of epilepsy or any other level that would be achieved by intrastate inspections recorded in the condition which is likely to cause loss complying with the current regulation Motor Carrier Management Information of consciousness or any loss of ability to 49 CFR 391.41(b)(8). System (MCMIS). For non-CDL holders, control a CMV.’’ The exemptions enable The physical qualification standard the Agency reviewed the driving records these individuals who have had one or for drivers regarding epilepsy found in from the State Driver’s Licensing more seizures and are taking anti- 49 CFR 391.41(b)(8) states that a person Agency (SDLA). A summary of each seizure medication to operate CMVs in is physically qualified to drive a CMV applicant’s seizure history was interstate commerce. if that person has no established DATES: The exemptions were applicable medical history or clinical diagnosis of 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= on February 19, 2018. The exemptions epilepsy or any other condition which e47b48a9ea42dd67d999246e23d97970& expire on February 19, 2020. is likely to cause the loss of mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ 171.a and https://www.gpo.gov/fdsys/pkg/CFR- FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to 2015-title49-vol5/pdf/CFR-2015-title49-vol5- Christine A. Hydock, Chief, Medical control a CMV. part391-appA.pdf.

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