Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems LLCr, 77336-77337 [2020-26477]

Download as PDF 77336 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices Safety,’’ 1 and a December 2014, focused research report titled ‘‘Implantable Cardioverter Defibrillators and the Impact of a Shock in a Patient When Deployed.’’ Copies of these reports are included in the docket. FMCSA has published Medical Advisory Criteria to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.2 The Medical Advisory Criteria for § 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. concerning ICDs, and any relevant 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 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. The December 2014 focused research report discussed earlier upholds the findings of the April 2007 report and indicates that the available scientific data on persons with ICDs and CMV driving does not support that persons with ICDs who operate CMVs are able to meet an equal or greater level of safety. III. Discussion of Comments V. Conclusion The Agency has determined that the available medical and scientific literature and research provides insufficient data to enable the Agency to conclude that granting these exemptions would achieve a level of safety equivalent to, or greater than, the level of safety maintained without the exemption. Therefore, the following two applicants have been denied exemptions from the physical qualification standards in § 391.41(b)(4): Thomas O. Adams, Jr, (VA); Louis Ronquillo, (CA) Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final action by the Agency. The list published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4). FMCSA received two comments in this proceeding. One commenter was favorable towards Mr. Ronquillo continuing to drive a CMV with an ICD. The second commenter responded that FMCSA should deny granting ICD exemptions due to issues associated with public safety. In response to the comments, 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 was implanted either as a primary or secondary preventive measure. IV. Basis for Exemption Determination khammond on DSKJM1Z7X2PROD with NOTICES4 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 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 Agency’s decision regarding these exemption applications is based on an individualized assessment of each applicant’s medical information, available medical and scientific data 1 The reports are available on the internet at https://rosap.ntl.bts.gov/view/dot/16462; https:// rosap.ntl.bts.gov/view/dot/21199. 2 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. VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–26408 Filed 11–30–20; 8:45 am] BILLING CODE 4910–EX–P exemption from Bendix Commercial Vehicle Systems (Bendix) to allow its advanced vehicle safety systems, which are equipped with cameras, to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. DATES: Comments must be received on or before December 31, 2020. ADDRESSES: You may submit comments identified by Docket Number FMCSA– 2020–0196 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!docketDetail;D=FMCSA-2020-0196. Follow the online instructions for submitting comments. • 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: Dockets Operations, 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., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Dockets Operations. • Fax: (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Mr. Jose´ R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments DEPARTMENT OF TRANSPORTATION FMCSA encourages you to participate by submitting comments and related materials. Federal Motor Carrier Safety Administration Submitting Comments [Docket No. FMCSA–2020–0196] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems LLCr Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA requests public comment on an application for SUMMARY: PO 00000 Frm 00198 Fmt 4703 Sfmt 4703 If you submit a comment, please include the docket number for this notice (FMCSA 2020–0196), indicate the specific section of this document to which the comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and 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 FMCSA can E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices contact you if there are questions regarding your submission. To submit your comment online, go to www.regulations.gov/ #!docketDetail;D=FMCSA-2020-0196, 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. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov/ #!docketDetail;D=FMCSA-2020-196 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. khammond on DSKJM1Z7X2PROD with NOTICES4 Privacy Act DOT solicits comments from the public to better inform its rulemaking process, in accordance with 5 U.S.C. 553(c). 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—Federal Docket Management System), which can be reviewed at www.transportation.gov/privacy. II. Legal Basis FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). Bendix’s Application for Exemption The Federal Motor Carrier Safety Regulations require devices meeting the definition of ‘‘vehicle safety technology’’ to be mounted (1) not more than 4 inches below the upper edge of the area swept by the windshield wipers, or (2) not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver’s sight lines to the road and highway signs and signals. Bendix has applied for an exemption from 49 CFR 393.60(e)(1) to allow its Bendix camera(s) with safety technologies to be mounted lower in the windshield than is currently permitted. A copy of the exemption application is included in the docket referenced at the beginning of this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on Bendix’s application for an exemption from 49 CFR 393.60(e)(1). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested PO 00000 Frm 00199 Fmt 4703 Sfmt 4703 77337 persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–26477 Filed 11–30–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2020–0027–N–21] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR. DATES: Interested persons are invited to submit comments on or before February 1, 2021. ADDRESSES: Submit comments and recommendations for the proposed ICR to Ms. Hodan Wells, Information Collection Clearance Officer, at email: hodan.wells@dot.gov or telephone: (202) 493–0440. Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to provide 60-days’ notice to the public to allow comment on information collection activities before seeking OMB approval of the activities. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, FRA invites interested parties to comment on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77336-77337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26477]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0196]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Bendix Commercial Vehicle Systems LLCr

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on an application for exemption 
from Bendix Commercial Vehicle Systems (Bendix) to allow its advanced 
vehicle safety systems, which are equipped with cameras, to be mounted 
lower in the windshield on commercial motor vehicles than is currently 
permitted.

DATES: Comments must be received on or before December 31, 2020.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2020-0196 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2020-0196. Follow the online 
instructions for submitting comments.
     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: Dockets Operations, 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., ET, Monday through Friday, except Federal holidays. To be 
sure someone is there to help you, please call (202) 366-9317 or (202) 
366-9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
If you have questions on viewing or submitting material to the docket, 
call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA 2020-0196), indicate the specific section of this 
document to which the comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and 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 FMCSA can

[[Page 77337]]

contact you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2020-0196, 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 8\1/2\ 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.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2020-196 and choose the 
document to review. If you do not have access to the internet, you may 
view the docket online by visiting Dockets Operations in Room W12-140 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

Privacy Act

    DOT solicits comments from the public to better inform its 
rulemaking process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System), which 
can be reviewed at www.transportation.gov/privacy.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request. The Agency reviews the safety analyses and the public comments 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 5 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Bendix's Application for Exemption

    The Federal Motor Carrier Safety Regulations require devices 
meeting the definition of ``vehicle safety technology'' to be mounted 
(1) not more than 4 inches below the upper edge of the area swept by 
the windshield wipers, or (2) not more than 7 inches above the lower 
edge of the area swept by the windshield wipers, and outside the 
driver's sight lines to the road and highway signs and signals. Bendix 
has applied for an exemption from 49 CFR 393.60(e)(1) to allow its 
Bendix camera(s) with safety technologies to be mounted lower in the 
windshield than is currently permitted. A copy of the exemption 
application is included in the docket referenced at the beginning of 
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Bendix's application for an 
exemption from 49 CFR 393.60(e)(1). All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-26477 Filed 11-30-20; 8:45 am]
BILLING CODE 4910-EX-P