40636 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

Issued on: August 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[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 

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 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: 

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 

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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40637 

1Now available at http://ntl.bts.gov/lib/30000/ 

30100/30123/Final_CVD_Evidence_Report_v2.pdf. 

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) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: 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: 

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 

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 

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 


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