30-day FR

40636

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

Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.

FOR FURTHER INFORMATION CONTACT:

[FR Doc. 2018–17602 Filed 8–14–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0091]

Agency Information Collection
Activities; Renewal of Existing
Information Collection Request:
Commercial Motor Vehicle Marking
Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval. This ICR will
enable FMCSA to document the burden
associated with the marking regulations
in ‘‘Marking of Self-Propelled CMVs and
Intermodal Equipment.’’ These
regulations require marking of vehicles
and intermodal equipment by motor
carriers and intermodal equipment
providers (IEPs) engaging in interstate
transportation. The FMCSA requests
approval to renew an ICR titled,
‘‘Commercial Motor Vehicle Marking
Requirements.’’

SUMMARY:

Please send your comments by
September 14, 2018. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2018–0091. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.

daltland on DSKBBV9HB2PROD with NOTICES

DATES:

VerDate Sep<11>2014

18:28 Aug 14, 2018

Jkt 244001

Crystal Frederick, Transportation
Specialist, Compliance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001. Telephone: 202–366–2904;
Email Address: crystal.frederick@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Motor Vehicle
Marking Requirements
OMB Control Number: 2126–0054.
Type of Request: Renewal of a
currently approved collection.
Respondents: Freight carrying
commercial motor carriers, passenger
carrying commercial motor carriers and
intermodal equipment providers.
Estimated Number of Respondents:
218,389 motor carriers and IEPs.
Estimated Time per Response: 26
minutes [12 minutes to affix DOT
Number + 14 minutes for affixing a
carrier’s name = 26].
Expiration Date: August 31, 2018.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
774,249 hours spent by motor carriers
and IEPs marking CMVs with a DOT
number and carrier information.
Background: The Secretary of
Transportation (Secretary) is authorized
to require marking of vehicles and
intermodal equipment by motor carriers
and intermodal equipment providers
(IEPs) engaging in interstate
transportation based on the authority of
49 U.S.C. 31133(a)(8) and 31133(a)(10).
The Secretary has delegated authority
pertaining to the marking of commercial
motor vehicles (CMVs) pursuant to 49
CFR 1.87(f). The Agency’s regulation
governing the marking of CMVs is
codified at 49 CFR 390.21.
Vehicle marking requirements are
intended to ensure that FMCSA, the
National Transportation Safety Board
(NTSB), and State safety officials are
able to identify motor carriers and
correctly assign responsibility for
regulatory violations during inspections,
investigations, compliance reviews, and
crash studies. These marking
requirements will also provide the
public with beneficial information that
could assist in identifying carriers for
the purposes of commerce, complaints
or emergency notification. The marking
requirements apply to motor carriers
and intermodal equipment providers
(IEPs) engaging in interstate
transportation. The Agency does not
require a specific method of marking as
long as the marking complies with

PO 00000

Frm 00138

Fmt 4703

Sfmt 4703

FMCSA’s regulations. The program
change decrease of 76,751 estimated
annual burden hours (774,249 proposed
estimated annual burden hours–851,000
approved estimated annual burden
hours) is due to adjustments in
respondent and response estimates.
Data, as of September 29, 2017, pulled
from FMCSA’s MCMIS and SMS
databases indicated that there was a
decrease in the number of active
interstate freight carriers and intrastate
hazardous materials carriers and a
decrease in the number of power units
subject to Component 1 marking
requirements, resulting in a decrease of
94,799 burden hours. According to the
September 29, 2017 snapshot, there was
a decrease in the number of passenger
carriers impacted and an increase in the
number of passenger-carrying power
units impacted by Component 2,
resulting in an increase of 17,947
burden hours. Finally, greater precision
was used in calculating the number of
respondents, responses associated with
Component 3, resulting in an increase of
101 burden hours.
Two comments were submitted to the
docket during the 60-day comment
period, in response to the 60-day
Federal Register, 83(17885), published
on April 24, 2018. One comment was
received from Greyhound Lines, Inc.
(Greyhound) and the other from OwnerOperator Independent Drivers
Association (OOIDA). Greyhound’s
comment, however, addresses another
ICR open during the same time period,
‘‘Leasing and Interchange of Vehicles,’’
and not the Markings ICR. The comment
submitted by Greyhound will thus be
addressed in the Leasing ICR response.
The other comment submitted by
OOIDA raised two points. The first issue
raised deals with the phrasing of the
associated regulation, part 390. OOIDA
asserts that current wording of the part
does not permit certain leasing
situations. FMCSA notes that an ICR is
not the venue for regulatory change,
even if the regulation is related to the
subject matter covered in the ICR. The
second claim made by OOIDA is that
the aforementioned regulation does
nothing to improve safety. As we stated
in the 2015 final rule the marking
requirement enables ‘‘investigators and
the general public to identify the
passenger carrier responsible for safety’’
(80 FR 30164, 30166). Given these
considerations FMCSA does not believe
changes to the ICR are appropriate based
on these comments.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA to perform its

E:\FR\FM\15AUN1.SGM

15AUN1

Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated in 49
CFR 1.87 on August 3, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–17568 Filed 8–14–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0326]

Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillator (ICD)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:

FMCSA announces its
decision to deny applications from
seven individuals treated with
Implantable Cardioverter Defibrillators
(ICDs) who requested an exemption
from the Federal Motor Carrier Safety
Regulations (FMCSRs) prohibiting
operation of a commercial motor vehicle
(CMV) in interstate commerce 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.
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:
daltland on DSKBBV9HB2PROD with NOTICES

SUMMARY:

I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or

VerDate Sep<11>2014

18:28 Aug 14, 2018

Jkt 244001

comments, go to http://
www.regulations.gov and/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.
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.
II. Background
On January 31, 2018, FMCSA
published a FR notice (83 FR 4545)
announcing receipt of applications from
seven individuals treated with ICDs and
requested comments from the public.
These seven individuals requested an
exemption from 49 CFR 391.41(b)(4)
which prohibits operation of a CMV in
interstate commerce 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. The public comment period
closed on May 2, 2018 and one
comment was received.
FMCSA has evaluated the eligibility
of these applicants and concluded that
granting these exemptions would not
provide a level of safety that would be
equivalent to or greater than, the level
of safety that would be obtained by
complying with the regulation 49 CFR
391.41(b)(4). A summary of each
applicant’s medical history related to
their ICD exemption request was
discussed in the March 2, 2018, Federal
Register notice and will not be repeated
in this notice.
In reaching the decision to deny these
exemption requests, the Agency
considered information from the
Cardiovascular Medical Advisory
Criteria, the April 2007 Evidence Report
‘‘Cardiovascular Disease and
Commercial Motor Vehicle Driver
Safety, and a December 2014 focused
research report ‘‘Implantable
Cardioverter Defibrillators and the
Impact of a Shock in a Patient When
Deployed.’’ Copies of the reports are
included in the docket.
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

PO 00000

Frm 00139

Fmt 4703

Sfmt 4703

40637

commerce. [Appendix A to Part 391—
Medical Advisory Criteria, section D,
paragraph 4]. The advisory criteria for
49 CFR 391.41(b)(4) indicates that
coronary artery bypass surgery and
pacemaker implantation are remedial
procedures and thus, not medically
disqualifying. Implantable cardioverter
defibrillators are disqualifying due to
risk of syncope.
III. Discussion of Comments
FMCSA received one comment in this
proceeding from an individual who is in
favor of any ICD treated individual who
has not had any issues for six months,
and who has clearance from their
cardiologist, being allowed to drive a
CMV. FMCSA acknowledges the
commenters’ responses concerning
stable medical histories with ICDs.
Based on the available medical
literature cited above, FMCSA believes
that a driver with an ICD is at risk for
incapacitation if the device discharges.
This risk is combined with the risks
associated with the underlying
cardiovascular condition for which the
ICD has been implanted as a primary or
secondary preventive measure.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption if it
finds such an exemption would likely
achieve a level of safety that is
equivalent to, or greater then, the level
that would be achieved absent such an
exemption.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information
provided by the applicant, available
medical and scientific data concerning
ICD’s, and public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope (a transient loss of
consciousness) or other unpredictable
events known to result in gradual or
sudden incapacitation. ICDs may
discharge, which could result in loss of
ability to safely control a CMV. See the
April 2007 Evidence Report on
Cardiovascular Disease and Commercial
Motor vehicle Driver Safety, April
2007.1 A focused research report on
Implantable Cardioverter Defibrillators
and the Impact of a Shock on a Patient
When Deployed completed for the
FMCSA December 2014 indicates that
the available scientific data on persons
with ICDs and CMV driving does not
support that persons with ICDs who
1 Now available at http://ntl.bts.gov/lib/30000/
30100/30123/Final_CVD_Evidence_Report_v2.pdf.

E:\FR\FM\15AUN1.SGM

15AUN1