77336 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

1The reports are available on the internet at 

https://rosap.ntl.bts.gov/view/dot/16462; https://

rosap.ntl.bts.gov/view/dot/21199. 

2These 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-vol5- 

part391-appA.pdf. 

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. 

III. Discussion of Comments 

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 

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 2- 

year 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 

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. 

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). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2020–26408 Filed 11–30–20; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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 

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 


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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 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 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. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2020–0027–N–21] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: 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 


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