60-Day FR

60-Day FR for 2126-0008.pdf

Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property

60-Day FR

OMB: 2126-0008

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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices

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
http://www.regulations.gov/docket?
D=FMCSA-2019-0167. 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 81⁄2 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/docket?
D=FMCSA-2019-0167 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.

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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(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-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

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exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The four individuals listed in this
notice have requested an exemption
from 49 CFR 391.41(b)(4). Accordingly,
the Agency will evaluate the
qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
found in § 391.41(b)(4) states that a
person is physically qualified to drive a
CMV if that person has no current
clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
failure.
In addition to the regulations, FMCSA
has published advisory criteria1 to assist
medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. The
advisory criteria states that ICDs are
disqualifying due to risk of syncope.
III. Qualifications of Applicants
Christopher Cloud
Mr. Cloud is a CMV driver in Georgia.
An April 2019, letter from his
cardiologist states that Mr. Cloud’s ICD
was implanted in May of 2016, has not
deployed, he denies any symptoms
associated with the device, and that his
ejection fraction has now improved with
low risk of cardiovascular
complications.
Joby Doucet
Mr. Doucet is a Class A CDL holder
in Louisiana. A May 15, 2019, letter
from his cardiologist states that Mr.
Doucet’s ICD was implanted in
September of 2017, he is on good
medical therapy, and there has been no
defibrillator discharges. Mr. Doucet’s
cardiologist reports that he is in a stable
cardiovascular status and will have
follow-up in 6 months.
Robert D. Forbes
Mr. Forbes is a Class A CDL holder in
New York State. A March 2019, letter
from Mr. Forbes’ cardiologist states that
1 These criteria may be found in 49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section D. Cardiovascular:
§ 391.41(b)(4), paragraph 4, which is available on
the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf.

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his ICD was implanted in September of
2015, has never deployed, and that he
has an improved ejection fraction.
Christopher Oakland
Mr. Oakland is a Class A CDL holder
in Rhode Island. Two separate letters
both dated June of 2019, from two of Mr.
Oakland’s cardiologists state that his
ICD was implanted in August of 2018,
and has never delivered therapy. His
cardiologists’ letters report that Mr.
Oakland is stable and has not
experienced symptoms as a result of his
cardiac condition.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Issued on: September 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–21283 Filed 9–30–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0191]

Agency Information Collection
Activities; Renewal of a CurrentlyApproved Information Collection
Request: Financial Responsibility for
Motor Carriers of Passengers and
Motor Carriers of Property
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: 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 its
review and approval and invites public
comment. The information collected
will be used to help ensure that motor
carriers of passengers and property
maintain appropriate levels of financial
responsibility to operate on public
highways.

We must receive your comments
on or before December 2, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
DATES:

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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
Number FMCSA–2019–0191 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Secrist, Office of Registration and
Safety Information, Chief, Registration,
Licensing and Insurance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
West Building 6th Floor, 1200 New

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Jersey Avenue SE, Washington, DC
20590. Telephone: 202–385–2367;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimal levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage and
environmental restoration, and (2) forhire motor carriers of passengers to
cover public liability and property
damage. The Endorsement for Motor
Carrier Policies of Insurance for Public
Liability (Forms MCS–90/90B) and the
Motor Carrier Public Liability Surety
Bond (Forms MCS–82/82B) contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (motor carriers of property—
49 CFR 387.9; and motor carriers of
passengers—49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
enclosed within these documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Renewal of a
currently-approved information
collection.
Respondents: Insurance underwriters
for insurance and surety companies of
motor carriers of property (Forms MCS–
90 and MCS–82) and passengers (Forms
MCS–90B and MCS–82B), motor carrier
clerks employed by motor carriers
(storing/maintaining insurance and/or
surety bond documentation), and
vehicle maintenance staff employed by
Canadian and Mexican/non-NorthAmerican (NNA) domiciled motor
carriers (placing copies of
documentation in vehicles).
Estimated Number of Respondents:
202,458.
Estimated Time per Response:
FMCSA estimates it takes 2 minutes to
complete the Endorsement for Motor
Carrier Policies of Insurances for Public
Liability (Forms MCS–90 for property
carriers and MCS–90B for passenger
carriers) or the Motor Carrier Public
Liability Surety Bond (Forms MCS–82
for property carriers and MCS–82B for
passenger carriers); 1 minute to store/
maintain documents at the motor
carrier’s place of business [49 CFR

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387.7(d); 49 CFR 387.31(d)]; and 1
minute to place either document on
board the vehicle, required for Canadian
and Mexican/NNA carriers operating in
the United States [49 CFR 387.7(f);
387.31(f)].
Expiration Date: January 31, 2020.
Frequency of Response: Upon
creation, change, or replacement of an
insurance policy or surety bond.
Estimated Total Annual Burden:
5,739 hours [4,931 annual burden hours
for ICs 1–4 + 808 annual burden hours
for IC–5 document placement in
vehicles = 5,739].
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 performance of
FMCSA’s 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. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: September 25, 2019.
Kenneth Riddle,
Director for Office of Registration and Safety
Information.
[FR Doc. 2019–21275 Filed 9–30–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0355; FMCSA–
2011–0089; FMCSA–2014–0381; FMCSA–
2014–0382]

Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

SUMMARY: FMCSA announces its
decision to renew exemptions for four
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

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