Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 10809-10810 [2020-03707]

Download as PDF Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES action. Requestors also had to provide the 10-digit subheading of the HTSUS most applicable to the particular product requested for exclusion, and could submit information on the ability of U.S. Customs and Border Protection to administer the requested exclusion. Requestors were asked to provide the quantity and value of the Chinese-origin product that the requestor purchased in the last three years. With regard to the rationale for the requested exclusion, requests had to address the following factors: • Whether the particular product is available only from China and specifically whether the particular product and/or a comparable product is available from sources in the United States and/or third countries. • Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests. • Whether the particular product is strategically important or related to ‘‘Made in China 2025’’ or other Chinese industrial programs. The September 18 notice stated that the U.S. Trade Representative would take into account whether an exclusion would undermine the objective of the Section 301 investigation. The September 18 notice required submission of requests for exclusion from the $16 billion action no later than December 18, 2018, and noted that the U.S. Trade Representative periodically would announce decisions. In July 2019, the U.S. Trade Representative granted an initial set of exclusion requests. See 84 FR 37381. The U.S. Trade Representative granted additional exclusions in September and October 2019. See 84 FR 49600 and 84 FR 52553. B. Determination To Grant Exclusion Based on the evaluation of the factors set out in the September 18 notice, which are summarized above, pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, and in accordance with the advice of the interagency Section 301 Committee, the U.S. Trade Representative has determined to grant the product exclusion set out in the Annex to this notice. The U.S. Trade Representative’s determination also takes into account advice from advisory committees and any public comments on the pertinent exclusion request. As set out in the Annex, the exclusion is reflected in a specially prepared product description, found in Paragraph A. In accordance with the September 18 notice, an exclusion is available for any VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of the exclusion is governed by the scope of the 10-digit HTSUS subheading and product description in the Annex to this notice, and not by the product description set out in any particular request for exclusion. C. Technical Amendment to an Exclusion Subparagraph B of the Annex makes a technical amendment to U.S. note 20(y)(2) to subchapter III of chapter 99 of the HTSUS, as set out in the annex of the notice published at 84 FR 52553 (October 2, 2019). In particular, the amendment in Subparagraph B converts an exclusion of a specially prepared product description to an exclusion of a 10-digit HTSUS subheading. The U.S. Trade Representative will continue to issue determinations on a periodic basis as needed. Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. Annex A. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 23, 2018 and before October 2, 2020, U.S. note 20(y) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by inserting the following exclusion in numerical order after exclusion (111): 112. Skateboards with electric power for propulsion, of a power not exceeding 250 W (described in statistical reporting number 8711.60.0050). B. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 23, 2018: U.S. note 20(y)(2) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting ‘‘silicone presented in 210 liter (55 gallon) drums or 1,040 liter (275 gallon) intermediate bulk containers (IBCs) (described in statistical reporting number 3910.00.0000)’’ and inserting ‘‘3910.00.0000’’ in lieu thereof. [FR Doc. 2020–03680 Filed 2–24–20; 8:45 am] BILLING CODE 3290–F0–P PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 10809 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–25854; FMCSA– 2013–0108; FMCSA–2014–0382; FMCSA– 2015–0115; FMCSA–2015–0116; FMCSA– 2015–0119; FMCSA–2017–0252] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 11 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 continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. SUMMARY: 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., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2006–25854; FMCSA–2013–0108; FMCSA–2014– 0382; FMCSA–2015–0115; FMCSA– 2015–0116; FMCSA–2015–0119; FMCSA–2017–0252, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you E:\FR\FM\25FEN1.SGM 25FEN1 10810 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices may view the docket online by visiting Docket Operations 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. B. 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.transportation.gov/privacy. II. Background On December 30, 2019, FMCSA published a notice announcing its decision to renew exemptions for 11 individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (84 FR 72112). The public comment period ended on January 29, 2020, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. jbell on DSKJLSW7X2PROD with NOTICES III. Discussion of Comments FMCSA received one comment in this proceeding. This comment supported granting these exemptions. IV. Conclusion Based on its evaluation of the 11 renewal exemption applications and 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. VerDate Sep<11>2014 20:34 Feb 24, 2020 Jkt 250001 comment received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of December and are discussed below. As of December 16, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following five individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 72112): William Brown (NC) Robert J. Forney (WI) Curtis Alan Hartman (MD) Wendell F. Headley (MO) Marion Legg (MD) The drivers were included in docket numbers FMCSA–2015–0115, FMCSA– 2015–0116, and FMCSA–2015–0119. Their exemptions are applicable as of December 16, 2019, and will expire on December 16, 2021. As of December 23, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following five individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 72112): Gary Freeman (WI) Aaron Gillette (SD) David Kestner (VA) Chad Smith (MA) Trever Williams (MN) The drivers were included in docket number FMCSA–2006–25854, FMCSA– 2013–0108, and FMCSA–2014–0382. Their exemptions are applicable as of December 23, 2019, and will expire on December 23, 2021. As of December 28, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV driver (84 FR 72112): David Pamperin (WI). This driver was included in docket number FMCSA–2017–0252. His exemption is applicable as of December 28, 2019, and will expire on December 28, 2021. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 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 PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 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 would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Issued on: February 12, 2020. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–03707 Filed 2–24–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0069] Commercial Driver’s License: United Parcel Service, Inc. (UPS); Application for Exemptions Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemptions; request for comments. AGENCY: FMCSA announces that UPS has requested a limited exemption from certain commercial driver’s license (CDL) regulations. Specifically, UPS is requesting that its driver-trainees holding commercial learners permits (CLPs) be permitted to operate twin 28foot trailers on a public road to obtain behind-the-wheel (BTW) skills training under the direct supervision of a driving instructor. Federal CDL regulations do not allow an employer to permit a driver to operate a commercial motor vehicle (CMV) during any period in which the driver does not have a CLP or CDL with the proper class or endorsements; the regulations do not permit a double/ triple trailers endorsement on a CLP. FMCSA requests public comment on UPS’s application for exemption. A copy of UPS’ application for exemption is available for review in the docket for this notice. DATES: Comments must be received on or before March 26, 2020. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2020–0069 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. SUMMARY: E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10809-10810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03707]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2013-0108; FMCSA-2014-0382; FMCSA-
2015-0115; FMCSA-2015-0116; FMCSA-2015-0119; FMCSA-2017-0252]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 11 
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 continue to operate CMVs in 
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

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., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2006-25854; FMCSA-2013-0108; FMCSA-
2014-0382; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0119; FMCSA-
2017-0252, in the keyword box, and click ``Search.'' Next, click the 
``Open Docket Folder'' button and choose the document to review. If you 
do not have access to the internet, you

[[Page 10810]]

may view the docket online by visiting Docket Operations 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.

B. 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.transportation.gov/privacy.

II. Background

    On December 30, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for 11 individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (84 FR 
72112). The public comment period ended on January 29, 2020, and one 
comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. This comment 
supported granting these exemptions.

IV. Conclusion

    Based on its evaluation of the 11 renewal exemption applications 
and comment received, FMCSA announces its decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in Sec.  391.41(b)(8).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of December 
and are discussed below.
    As of December 16, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 
72112):

William Brown (NC)
Robert J. Forney (WI)
Curtis Alan Hartman (MD)
Wendell F. Headley (MO)
Marion Legg (MD)

    The drivers were included in docket numbers FMCSA-2015-0115, FMCSA-
2015-0116, and FMCSA-2015-0119. Their exemptions are applicable as of 
December 16, 2019, and will expire on December 16, 2021.
    As of December 23, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 
72112):

Gary Freeman (WI)
Aaron Gillette (SD)
David Kestner (VA)
Chad Smith (MA)
Trever Williams (MN)

    The drivers were included in docket number FMCSA-2006-25854, FMCSA-
2013-0108, and FMCSA-2014-0382. Their exemptions are applicable as of 
December 23, 2019, and will expire on December 23, 2021.
    As of December 28, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following individual has satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV driver (84 FR 
72112): David Pamperin (WI).
    This driver was included in docket number FMCSA-2017-0252. His 
exemption is applicable as of December 28, 2019, and will expire on 
December 28, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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 would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).

    Issued on: February 12, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-03707 Filed 2-24-20; 8:45 am]
 BILLING CODE 4910-EX-P
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