Attachment I - 60-day FR (83 FR 17894)

17894

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

III. Discussion of Comments
FMCSA received no comments in this
proceeding.

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IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the epilepsy and
seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
In reaching the decision to grant these
exemption requests, FMCSA considered
the 2007 recommendations of the
Agency’s Medical Expert Panel (MEP).
The January 15, 2013, Federal Register
notice (78 FR 3069) provides the current
MEP recommendations which is the
criteria the Agency uses to grant seizure
exemptions.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information,
including the root cause of the
respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System
(CDLIS) for commercial driver’s license
(CDL) holders, and interstate and
intrastate inspections recorded in the
Motor Carrier Management Information
System (MCMIS). For non-CDL holders,
the Agency reviewed the driving records
from the State Driver’s Licensing
Agency (SDLA). A summary of each
applicant’s seizure history was
discussed in the February 14, 2018
Federal Register notice (83 FR 6718)
and will not be repeated in this notice.
These six applicants have been
seizure-free over a range of 31 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last two years.
In each case, the applicant’s treating
physician verified his or her seizure
history and supports the ability to drive
commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the

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drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy and seizure disorder
prohibition in 49 CFR 391.41(b)(8) is
likely to achieve a level of safety equal
to that existing without the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (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
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
VI. 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.
VII. Conclusion
Based upon its evaluation of the six
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, 49 CFR 391.41(b)(8), subject
to the requirements cited above:
Eriki M. Galloway (TN)
Aaron J. Harms (MO)
Matthew M. Heinen (MN)
Grant M. Johnson (OR)
Derick R. Pendergrass (NC)
Paul D. Vitous (WA)
In accordance with 49 U.S.C.
31315(b)(1), each exemption will be
valid for two years from the effective
date unless revoked earlier by FMCSA.
The exemption will be revoked if the
following occurs: (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 prior to being granted;
or (3) continuation of the exemption

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would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08510 Filed 4–23–18; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0073]

Agency Information Collection
Activities; Revision of a CurrentlyApproved Information Collection
Request: Annual Report of Class I and
Class II Motor Carriers of Property
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 its
review and approval and invites public
comment. The FMCSA requests
approval to revise and extend the
‘‘Annual Report of Class I and Class II
Motor Carriers of Property’’ ICR, OMB
Control No. 2126–0032. This ICR is
necessary to ensure that motor carriers
comply with FMCSA’s financial and
operating statistics requirements at
chapter III of title 49 CFR part 369 titled
‘‘Reports of Motor Carriers.’’ This ICR is
being revised to incorporate the OMB
approved ‘‘Annual Report of Class I
Motor Carriers of Passengers’’ ICR, OMB
Control No. 2126–0031, for use of the
MP–1 form, the ‘‘Annual Report Form
(Motor Carriers of Passengers),’’ which
resulted in only two respondents and
one burden hour per year. Through the
proposed merger of the two ICRs,
FMCSA would rename the 2126–0032
ICR as the ‘‘Annual Report of Class I and
Class II For-Hire Motor Carriers’’ ICR.
And such a merger with the new title
will clarify that the combined ICR
addresses both for-hire property and
passenger carriers, but not private motor
carriers. Additionally, after the merger
of the ICRs, FMCSA intends to request
withdrawal of the previously approved
‘‘Annual Report of Class I Motor
Carriers of Passengers’’ ICR, OMB
Control No. 2126–0031.
DATES: We must receive your comments
on or before June 25, 2018.
SUMMARY:

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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket Number
FMCSA–2018–0073 by 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 Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140, 20590–
0001.
• Hand Delivery or Courier: 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.
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: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
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

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ADDRESSES:

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Safety Information, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001.
Telephone: 202–385–2367; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background: 49 U.S.C. 14123 requires
certain for-hire motor carriers of
property, passengers, and household
goods to file annual financial reports.
The annual reporting program was
implemented on December 24, 1938 (3
FR 3158), and it was subsequently
transferred from the Interstate
Commerce Commission (ICC) to the U.S.
Department of Transportation’s (DOT)
Bureau of Transportation Statistics
(BTS) on January 1, 1996. The Secretary
of DOT delegated to BTS the
responsibility for the program on
December 17, 1996 (61 FR 68162).
Responsibility for collection of the
reports was transferred from BTS to
FMCSA on August 17, 2004 (69 FR
51009), and the regulations were
redesignated as 49 CFR part 369 on
August 10, 2006 (71 FR 45740). Annual
financial reports are filed on Form M
(for-hire property carriers, including
household goods carriers) and Form
MP–1 (for-hire passenger carriers). On
December 17, 2013, FMCSA eliminated
a quarterly financial reporting
requirement for certain for-hire motor
carriers of property (former form QFR)
and for-hire motor carriers of passengers
(former Form MP–1) (78 FR 76241).
FMCSA has continued to collect
carriers’ annual reports and to furnish
copies of the reports requested under
the Freedom of Information Act. Forhire motor carriers (including interstate
and intrastate) subject to the Federal
Motor Carrier Safety Regulations are
classified on the basis of their gross
carrier operating revenues.1 Under the
Financial and Operating Statistics
(F&OS) program, FMCSA collects from
Class I and Class II for-hire motor
carriers their balance sheet and income
statement data along with information
on safety needs, tonnage, mileage,
employees, transportation equipment,
and other related data. FMCSA may also
ask carriers to respond to surveys
concerning their operations. The data
1 For purposes of the Financial and Operating
Statistics (F&OS) program, carriers are classified
into the following two groups: (1) Class I carriers
are those having annual carrier operating revenues
(including interstate and intrastate) of $10 million
or more after applying the revenue deflator formula
as set forth in Note A of 49 CFR 369.2; and (2) Class
II carriers are those having annual carrier operating
revenues (including interstate and intrastate) of at
least $3 million, but less than $10 million after
applying the revenue deflator formula as set forth
in 49 CFR 369.2.

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and information collected would be
made publicly available and used by
FMCSA to determine a motor carrier’s
compliance with the F&OS program
requirements prescribed at 49 CFR part
369. FMCSA has created electronic
forms that may be prepared, signed
electronically, and submitted to FMCSA
via https://ask.fmcsa.dot.gov/app/ask/
in accordance with the Agency’s April
28, 2014 (79 FR 23306), rulemaking
proposal in RIN 2126–AB47, Electronic
Signatures and Documents.
Title: Annual Report of Class I and
Class II For-Hire Motor Carriers.
OMB Control Number: 2126–0032.
Type of Request: Revision and
extension of a currently-approved
information collection.
Respondents: Class I and Class II
Motor Carriers of Property, Passengers,
and Household Goods.
Estimated Number of Respondents: 98
[96 Class I and Class II motor carriers of
property (Form M) + 2 Class I motor
carriers of passengers (Form MP–1)].
Estimated Time per Response: Varies
[9 hours (Form M); 18 minutes (Form
MP–1)].
Expiration Date: December 31, 2018.
Frequency of Response: Annually.
Estimated Total Annual Burden: 865
hours [96 respondents × 9 hours to
complete form M–1 + 2 respondents ×
0.3 = 0.6 rounded to 1 hour to complete
form MP–1].
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 agency to perform its
mission; (2) the accuracy of the
estimated burden; (3) ways for 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: April 18, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–08524 Filed 4–23–18; 8:45 am]
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