Agency Information Collection Activities; Renewal of Existing Information Collection Request: Commercial Motor Vehicle Marking Requirements, 40636-40637 [2018-17568]

Download as PDF 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, fmcsamedical@dot.gov, 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

Agencies

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40636-40637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17568]


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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

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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 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.''

DATES: 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 
[email protected], 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.

FOR FURTHER INFORMATION CONTACT: 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: [email protected]. 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 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 Owner-Operator 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

[[Page 40637]]

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