Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36663 

1As cargo tank operators hauling hazardous 

materials, Groendyke drivers are required to stop or 

slow significantly at railroad crossings (49 CFR 

392.10–392.12). Groendyke notes that railroad 

crossings are a significant source of rear-end 

collisions at Groendyke and elsewhere because noncommercial drivers may not anticipate stops at 

railroad crossings. 

copy of the application is included in 

the docket referenced at the beginning 

of this notice. 

Groendyke is a carrier of flammable 

fuel and liquid hazardous materials. 

Groendyke has a fleet of approximately 

900 trucks and 1,440 trailers, and 

employs over 1,200 individuals, 

including approximately 900 drivers. In 

its application, Groendyke states 

‘‘Groendyke assessed what it could do 

to prevent other drivers from rear 

ending Groendyke trailers, and 

determined that increasing visibility of 

Groendyke trailers would be an efficient 

means to prevent rear ending accidents. 

To do this, Groendyke searched for 

ways to cause its braking system to 

capture the attention of other drivers 

faster and more completely.’’ 

In its application, Groendyke seeks an 

exemption to include an amber brakeactivated pulsating lamp to the rear of 

its trailers. The pulsating brake lamp 

would be positioned in the upper center 

portion of the trailer. In support of its 

application, Groendyke contends that 

the addition of the pulsating brake lamp 

will improve safety, and states that (1) 

research shows that pulsating brake 

lamps in addition to steady burning red 

brake lamps improves visibility and 

prevents accidents, (2) its own 

experience has demonstrated that 

pulsating brake lamps in addition to 

steady burning red brake lamps has 

decreased the frequency of rear-end 

accidents involving its fleet, and (3) 

similar exemptions exist for other 

classes of vehicles. 

Research. Groendyke cites several 

studies conducted by the National 

Highway Traffic Safety Administration, 

another agency in the U.S. Department 

of Transportation, on the issues of rearend crashes, distracted driving, and 

braking signals. Groendyke states: 

Research indicates that there are ways to 

improve the attention-getting qualities of 

braking systems. Including a pulsating brake 

lamp on a lead vehicle has quantifiable effect 

on the drivers of following vehicles and 

measurably reduces rear-end collisions. 

Drivers are redirected and altered faster and 

more efficiently when a pulsating brake lamp 

draws their attention to the lead vehicle. As 

a result, rear-end collisions, can be prevented 

or at least reduced. 

Groendyke Experience. Beginning in 

the second quarter of 2015, Groendyke 

began installing pulsating brake lamps 

on some of its fleet without 

authorization from FMCSA to compare 

the frequency of rear-end collisions 

between (1) trailers equipped with 

pulsating brake lamps and the required 

steady-burning lamps and (2) trailers 

equipped with only the steady-burning 

lamps required by the FMCSRs. As of 

July 31, 2017, Groendyke had outfitted 

632 of its 1,440 trailers with pulsating 

brake lamps. 

Data gathered by Groendyke between 

January 2015 and July 2017 show that 

the pulsating brake lamps decreased the 

frequency of rear-end collisions by 33.7 

percent. Groendyke also analyzed its 

data to determine whether the pulsating 

brake lamps improved outcomes when 

drivers were slowing or stopping at 

railroad crossings.1 Groendyke found 

that trailers equipped with the pulsating 

brake lamps were not involved in a rearend crash at a railroad crossing during 

the same time period. Groendyke states: 

The results of the Groendyke Brake 

Warning Device Campaign are clear: The 

frequency of rear-end collisions is markedly 

lower when trailers are outfitted with 

pulsating brake lamps in addition to the 

steady-burning lamps required by the 

FMCSRs. The pulsating brake lamps draw 

other drivers’ attention to what is happening 

with the vehicle in front more effectively and 

more quickly than steady burning lamps. In 

the interest of safety and productivity, 

Groendyke desires to implement the 

Groendyke Brake Warning Device Campaign 

on the rest of its fleet without risking 

violation of the FMCSRs. 

Exemptions for Other Classes of 

Vehicles. In its application, Groendyke 

notes that the current requirements of 

49 CFR 393.25(e) specifically exclude 

tow trucks and CMVs from the 

requirements that all exterior lamps be 

steady-burning. Groendyke contends 

that ‘‘Allowing an exemption for drivers 

of hazardous loads would be consistent 

with the intent of the regulation.’’ 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

Groendyke’s application for an 

exemption from the requirements of 49 

CFR 393.25(e). 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. 

Issued on: July 17, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–16223 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0119] 

Agency Information Collection 

Activities; Request for Comments; 

Revision and Renewal of an Approved 

Information Collection: Medical 

Qualification 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. The FMCSA 

requests to revise and renew an ICR 

titled, ‘‘Medical Qualification 

Requirements,’’ due to updated 

information for several of the 

Information Collections (ICs) discussed. 

This ICR is needed to ensure that 

drivers, motor carriers and the States are 

complying with the physical 

qualification requirements of 

commercial motor vehicle (CMV) 

drivers. The information collected is 

used to determine and certify driver 

medical fitness and must be collected in 

order for our highways to be safe. On 

April 27, 2018, FMCSA published a 60- 

day notice (83 FR 18640) requesting 

comment on the renewal of this ICR. In 

response to this notice, eight comments 

were received. However, none of the 

comments were related to information 

collection activities or the renewal of 

this ICR. 

DATES: Please send your comments by 

August 29, 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–2018–0119. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 


daltland on DSKBBV9HB2PROD with NOTICES
36664 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 

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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 6th Floor, West 

Building, New Jersey Avenue SE, 

Washington, DC 20590–0001. 

Telephone: (202) 366–4001, Email 

Address: fmcsamedical@dot.gov. Office 

hours are 9 a.m. to 5 p.m., e.t., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Medical Qualification 

Requirements. 

OMB Control Number: 2126–0006. 

Type of Request: Revision and 

renewal of a current approved 

information collection. 

Respondents: Commercial motor 

vehicle drivers, motor carriers, medical 

examiners, testing centers. 

Estimated Number of Respondents: 

65,503,280. 

Expiration Date: August 31, 2018. 

Estimated Total Annual Burden: 

2,395,315 hours. 

This information collection is 

comprised of the following five 

information collection activities. 

Physical Qualification Standards 

1,892,700 annual burden hours 

4,813,510 annual respondents 

Resolution of Medical Conflict 

11 annual burden hours 

3 annual respondents 

Medical Exemptions 

4,430 annual burden hours 

7,332 annual respondents 

SPE Certificate Program 

2,714 annual burden hours 

2,426 annual respondents 

National Registry of Certified Medical 

Examiners 

495,460 annual burden hours 

680,009 annual respondents 

Background: CMVs (trucks and buses) 

are longer, heavier, and more difficult to 

maneuver than automobiles, making 

them a threat to highway safety if not 

operated properly by qualified 

individuals. The public interest in, and 

right to have, safe highways requires the 

assurance that drivers of CMVs can 

safely perform the increased physical 

and mental demands of their duties. 

FMCSA’s medical standards provide 

this assurance by requiring drivers to be 

examined and medically certified as 

physically and mentally qualified to 

drive. Therefore, information used to 

determine and certify driver medical 

fitness must be collected. FMCSA is the 

Federal government agency authorized 

to require the collection of this 

information. FMCSA is required by 

statute to establish standards for the 

physical qualifications of drivers who 

operate CMVs in interstate commerce 

for non-excepted industries [49 U.S.C. 

31136(a)(3) and 31502(b)]. The 

regulations discussing this collection 

are outlined in the Federal Motor 

Carrier Safety Regulations (FMCSRs) at 

49 CFR 390–399. 

Below is a brief description of the 

included IC activities and how the 

information is used. 

Physical Qualification Standards 

FMCSRs at 49 CFR 391.41 set forth 

the physical qualification standards that 

interstate CMV drivers who are subject 

to part 391 must meet, with the 

exception of commercial driver’s 

license/commercial learner’s permit 

(CDL/CLP) drivers transporting migrant 

workers (who must meet the physical 

qualification standards set forth in 49 

CFR 398.3). The FMCSRs covering 

driver physical qualification records are 

found at 49 CFR 391.43, which specify 

that a medical examination be 

performed on CMV drivers subject to 

part 391 who operate in interstate 

commerce. The results of the 

examination shall be recorded in 

accordance with the requirements set 

forth in that section. The current 

provisions of 49 CFR 391.51 and 398.3 

require that a motor carrier retain the 

Medical Examiner’s Certificate (MEC), 

Form MCSA–5876, in the driver’s 

qualification (DQ) file for 3 years. The 

certificate affirms that the driver is 

physically qualified to drive a CMV in 

interstate commerce. 

Due to potential onset of new 

conditions or changes in existing 

conditions that may adversely affect a 

driver’s ability to drive safely and/or 

cause incapacitation that could be a risk 

to public safety, periodic re-evaluation 

and recertification is required to assess 

driver physical qualification. MECs may 

be issued for up to 2 years after the date 

of examination. However, drivers with 

certain medical conditions must be 

certified more frequently than every 2 

years. Medical Examiners (MEs) have 

discretion to certify for shorter time 

periods on a case-by-case basis for 

medical conditions that require closer 

monitoring or that are more likely to 

change over time. In addition, the Safe, 

Accountable, Flexible, Efficient 

Transportation Act: A Legacy for Users 

requires MEs to transmit to FMCSA’s 

Chief Medical Officer, electronically 

and on a monthly basis, driver 

information and results of any CMV 

driver medical examinations conducted 

during the previous month. MEs are 

required to maintain records of the CMV 

driver medical examinations they 

conduct. FMCSA does not require MEs 

to maintain these records electronically. 

However, there is nothing to preclude a 

ME from maintaining electronic records 

of the medical examinations he/she 

conducts. FMCSA is continuously 

evaluating new information technology 

in an attempt to decrease the burden on 

motor carriers and MEs. Less frequent 

collection of driver data, Medical 

Examination Report Forms, MCSA– 

5875, and MECs would compromise 

FMCSA’s ability to determine ME 

compliance with FMCSA’s physical 

qualification standards and guidelines 

in performing CMV driver medical 

examinations, which could result in 

MEs listed on the National Registry of 

Certified Medical Examiners who 

should be removed and possibly drivers 

that don’t meet the physical 

qualification standards possessing an 

MEC. Less frequent data collection 

would also result in decreased validity 

of the data (i.e., less frequent data 

submission may increase the error rate 

due to unintentional omission of 

examination information). Therefore, 

less frequent collection of driver 

examination results is not an option. 

Resolution of Medical Conflict 

The medical conflict provision 

provides a mechanism for drivers and 

motor carriers to request that FMCSA 

make a final decision to resolve 

conflicting medical evaluations when 

either party does not accept the decision 

of a medical specialist. If two MEs 

disagree about the medical certification 

of a driver, the requirements set forth in 

49 CFR 391.47 mandate that the 

applicant (driver or motor carrier) 

submit a copy of a report including 

results of all medical testing and the 

opinion of an impartial medical 

specialist in the field in which the 

medical conflict arose. The applicant 

may, if they choose to do so, submit the 

information above using fax and/or 

email. FMCSA uses the information 

collected from the applicant, including 

medical information, to determine if the 

driver should or should not be qualified. 

Without this provision and its 

incumbent driver medical information 

collection requirements, an unqualified 

person may be permitted to drive and 


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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36665 

qualified persons may be prevented 

from driving. 

Medical Exemptions and Skill 

Performance Evaluation (SPE) 

Certificates 

FMCSA may, on a case by case basis, 

grant a medical exemption from a 

physical qualification standard set forth 

in 49 CFR 391.41, if the Agency 

determines the exemption is in the 

interest of the public and would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved by complying 

with the regulation. Individuals with 

limb impairments are permitted to 

operate a CMV, but only when they are 

otherwise qualified and are granted a 

Skill Performance Evaluation (SPE) 

certificate by FMCSA. Title 49 CFR 

381.310 establishes the procedures that 

persons must follow to request 

exemptions from FMCSA safety 

regulations. Without an exemption, 

individuals who do not meet the 

requirements in 49 CFR 391.41 would 

not be qualified to operate a CMV in 

interstate commerce. The application 

process for all exemptions currently 

provides for electronic collection of the 

application information by FMCSA for 

those applicants that choose to do so. 

They are able to fax or scan and email 

documents to FMCSA. In addition, the 

Diabetes and Vision Exemption 

Programs and the SPE Certificate 

Program maintain a database of 

application information. The Medical 

Programs Division maintains a database 

of application information for hearing 

and seizure exemptions. FMCSA must 

collect medical information about the 

driver’s medical condition in order to 

determine eligibility to receive an 

exemption or an SPE certificate. The 

Agency requires all exemptions be 

renewed every 2 years to ensure that the 

granting of the exemption does not 

diminish safety under 49 CFR 381.310. 

Exemption holders are required to 

submit annual medical information for 

review to ensure the driver continues to 

meet the physical qualification 

requirements. In the interest of highway 

safety, the medical examination, 

exemption, and SPE renewal should not 

be performed less frequently. 

The National Registry of Certified 

Medical Examiners (National Registry) 

The National Registry requires MEs 

that conduct physical qualification 

examinations for interstate CMV drivers 

to complete training concerning FMCSA 

physical qualification standards, pass a 

certification test, and maintain 

competence through periodic training 

and testing, all of which require 

information collection. ME candidates 

submit demographic and eligibility data 

in order to register on the National 

Registry website to begin the 

certification process. This data is used 

to provide the public with contact 

information for those medical 

professionals who are certified by 

FMCSA to conduct interstate CMV 

driver medical examinations. Less 

frequent collection of ME candidate test 

results and identity and eligibility 

information means that there are less 

healthcare professionals attempting to 

become certified which would result in 

fewer certified MEs being available to 

the CMV driver and motor carrier 

population. This could place a huge 

burden on drivers and motor carriers to 

find certified MEs to perform their 

medical examinations. Therefore, less 

frequent collection of ME candidate test 

results and identity and eligibility 

information is not an option. MEs must 

provide specific driver medical 

examination information for every 

driver they examine on medical forms 

required by FMCSA and into the 

National Registry. Drivers must provide 

identification and health history 

information on medical forms required 

by FMCSA. The purpose for providing 

this information is to enable the ME to 

determine if the driver is medically 

qualified under 49 CFR 391.41 and to 

ensure that there are no disqualifying 

medical conditions that could adversely 

affect their safe driving ability or cause 

incapacitation constituting a risk to the 

public. If this information was not 

required, the threat to public safety 

would be immense and unacceptable. 

The National Registry also requires 

motor carriers to verify the national 

registry number of the MEs who certify 

their drivers and place a note in the DQ 

file. Less frequent verification of the 

national registry numbers by motor 

carriers would mean drivers may not 

have been examined by a certified ME 

listed on the National Registry and they 

may no longer meet the physical 

qualifications standards of the FMCSRs 

even though they were previously 

certified as physically qualified. 

As a follow-on rule to the National 

Registry, the Medical Examiner’s 

Certification Integration final rule, (80 

FR 22790), modified several of the 

requirements adopted in the National 

Registry final rule, some of which have 

a scheduled compliance date of June 22, 

2018. Specifically, it requires (1) 

FMCSA to electronically transmit from 

the National Registry to the State 

Driver’s Licensing Agencies (SDLAs) the 

driver identification information, 

examination results, and restriction 

information from examinations 

performed for holders of CLPs/CDLs 

(interstate and intrastate); (2) FMCSA to 

transmit electronically to the SDLAs the 

medical variance information for all 

CMV drivers; and (3) SDLAs to post the 

driver identification, examination 

results, and restriction information 

received electronically from FMCSA. 

However, as the Medical Examiner’s 

Certification Integration final rule 

compliance date of June 22, 2018, 

approached, FMCSA reluctantly 

concluded that it would not be able to 

electronically transmit MEC information 

from the National Registry to the SDLAs 

nor would the SDLAs be able to 

electronically receive the MEC 

information from the National Registry 

for posting to the CDLIS driver record as 

intended by the Medical Examiner’s 

Certification Integration final rule. Due 

to a number of delays including an 

incident that occurred in early 

December 2017 causing the Agency to 

take the National Registry offline 

leading to interruptions in the 

development of the process for the 

electronic transmission of MEC 

information and medical variances, the 

final specifications for the electronic 

transmission of MEC information have 

not been completed. Under these 

circumstances, neither the Agency nor 

the stakeholders would be able to rely 

on the CDLIS driver record as official 

proof of medical certification unless 

MEs continue to issue the original paper 

MEC to qualified drivers and drivers 

continue to provide the MEC to the 

SDLAs, as is being done presently. All 

of the functions regarding electronic 

transmission of data that were to be 

implemented on June 22, 2018, are 

dependent upon the implementation of 

information technology infrastructure 

that was not available on June 22, 2018. 

For this reason, on June 21, 2018, 

FMCSA published a notice (83 FR 

28774) extending the compliance date 

for several of the provisions in the 

Medical Examiner’s Certification 

Integration final rule (80 FR 22790) to 

June 22, 2021, to ensure that the SDLAs 

have sufficient time once the final 

specifications are released to make the 

necessary information technology 

programming changes. However, 

beginning on June 22, 2018, certified 

MEs are still required to report results 

of all completed CMV drivers’ medical 

examinations (including the results of 

examinations where the driver was 

found not to be qualified) to FMCSA by 

midnight (local time) of the next 

calendar day following the examination 

but must continue issuing the original 

paper MEC to qualified drivers. All 

CMV drivers should continue to provide 


daltland on DSKBBV9HB2PROD with NOTICES
36666 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 

the SDLA with their MEC as proof of 

medical certification. As a result of this 

extension, there are no additional 

annual burden hours or costs to 

respondents imposed by the Medical 

Examiner’s Certification Integration 

final rule during the first 6 years of 

implementation of the final rule. 

Therefore, all the IC activities imposed 

on the MEs, drivers, and motor carriers 

over the first 6 years of implementing 

the Medical Examiner’s Certification 

Integration final rule will remain 

unchanged. 

On April 27, 2018, FMCSA published 

a 60-day notice (83 FR 18640) 

requesting comment on the renewal of 

this ICR. In response to the notice, eight 

comments were received. However, 

none of the comments were related to 

information collection activities or the 

renewal of this ICR. 

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 

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: July 20, 2018. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology. 

[FR Doc. 2018–16224 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0147] 

Qualification of Drivers; Skill 

Performance Evaluation; Virginia 

Department of Motor Vehicles 

Application for Renewal Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: FMCSA announces its 

decision to renew a Virginia Department 

of Motor Vehicles (DMV) exemption on 

behalf of truck and bus drivers who are 

licensed in the Commonwealth of 

Virginia and need a Skill Performance 

Evaluation (SPE) Certificate from 

FMCSA to operate commercial motor 

vehicles (CMV) in interstate commerce. 

The exemption enables interstate CMV 

drivers who are licensed in Virginia and 

are subject to the Federal SPE 

requirements under 49 CFR 391.49 to 

continue to fulfill the Federal 

requirements with a State-issued SPE 

and to operate CMVs in interstate 

commerce anywhere in the United 

States. 

DATES: This decision is effective July 8, 

2018, and will expire July 8, 2023, and 

may be renewed. Comments must be 

received on or before August 29, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2013–0147 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• 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. 

• Hand Delivery: 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. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. 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 for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time 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. The 

FDMS is available 24 hours each day 

e.t., 365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Eileen Nolan, Office of Carrier, Driver 

and Vehicle Safety, 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 5:30 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: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

certain parts of the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

no longer than 5 years 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 

allows the Agency to renew exemptions 

at the end of the 5-year period. 

On July 8, 2014, FMCSA granted 

Virginia a 2-year exemption that enables 

interstate CMV drivers licensed in 

Virginia who are subject to the Federal 

SPE requirements under 49 CFR 391.49 

to fulfill the Federal requirements with 

a State-issued SPE (79 FR 38659). 

Subsequently, a request for exemption 

renewal was received, and granted for a 

2-year period, beginning July 8, 2016 

and ending on July 8, 2018 (81 FR 

44674). 

At the time the first exemption was 

granted, the term of temporary 

exemptions was limited by statute to a 

maximum of 2 years. However, on 

December 4, 2015, Congress enacted the 

Fixing America’s Surface Transportation 

(FAST) Act, which now allows an 

exemption to be granted for a period of 

5 years (49 U.S.C. 31315(b)(2)) if 

FMCSA 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.’’ Virginia has consistently 

maintained the statutory requirements 

associated with 49 U.S.C. 31136(e) and 

31315 for their SPE program. Therefore, 

the Agency believes that extending the 

exemption period to a 5-year period will 

likely achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

The requirements of the exemption 

were outlined in the prior notices and 


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