16506 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

e. Number of individuals suffering 

physical injury, 

f. Number of fatalities, 

g. The police-reported cause of the 

accident, 

h. Whether the driver was cited for 

violation of any traffic laws, or motor 

carrier safety regulations, and 

i. The total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

Termination 

The FMCSA does not believe the team 

drivers covered by the exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation of the exemption. 

The FMCSA will immediately revoke 

the exemption for failure to comply 

with its terms and conditions. 

Issued on: March 19, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–07056 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0370] 

Hours of Service (HOS) of Drivers; U.S. 

Department of Energy (DOE); 

Application for Renewal of Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

renewal of exemption; request for 

comments. 

SUMMARY: FMCSA has received an 

application from the U.S. Department of 

Energy (DOE) for a renewal of its 

exemption from the 30-minute rest 

break provision of the Agency’s hoursof-service (HOS) regulations for 

commercial motor vehicle (CMV) 

drivers. DOE currently holds an 

exemption for the period July 1, 2013, 

through June 30, 2015, which enables 

DOE’s contract motor carriers and their 

employee-drivers engaged in the 

transportation of security-sensitive 

radioactive materials to be treated 

similarly to drivers of shipments of 

explosives. The exemption renewal 

would allow these exempted drivers to 

use 30 minutes or more of ‘‘attendance 

time’’ to meet the HOS rest break 

requirements providing they do not 

perform any other work during the 

break. FMCSA requests public comment 

on the DOE’s application for renewal of 

the exemption. 

DATES: Comments must be received on 

or before April 27, 2015. The proposed 

exemption renewal would be effective 

from June 30, 2015 through June 30, 

2017. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2012–0370 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit 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., ET, 

Monday through Friday, except Federal 

holidays. The on-line Federal document 

management system is available 24 

hours each day, 365 days each year. If 

you want acknowledgment that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. 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 safety analyses 

and public comments submitted, 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)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Request for Exemption 

Certain motor carriers under contract 

to the U.S. Department of Energy (DOE) 

transport ‘‘security-sensitive radioactive 

materials.’’ DOE requests a renewal of a 

limited exemption from the hours-ofservice (HOS) regulation pertaining to 

rest breaks [49 CFR 395.3(a)(3)(ii)] to 

allow contract driver-employees 

transporting security-sensitive 

radioactive materials to be treated the 

same as drivers transporting explosives, 

as provided in § 395.1(q). Section 

395.1(q) states that operators of CMVs 

carrying Division 1.1, 1.2, or 1.3 

explosives subject to the requirement for 

a 30-minute rest break in § 395.3(a)(3)(ii) 

may use 30 minutes or more of 

‘‘attendance time’’ to meet the 

requirement for a rest break. Section 

395.1(q) allows drivers who are required 

by § 397.5 to attend a motor vehicle 

transporting certain types of explosives 

but perform no other work, to log at 

least a half-hour of their ‘‘attendance 

time’’ toward the break. 

DOE contends that shipments of 

security-sensitive radioactive materials 

require a team of two drivers and the 

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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16507 

1Commercial Driver License Information System 

(CDLIS) is an information system that allows the 

exchange of commercial driver licensing 

information among all the States. CDLIS includes 

the databases of fifty-one licensing jurisdictions and 

Continued 

use of a sleeper berth to minimize risk 

and expedite delivery in a safe and 

secure manner. DOE asserts that 

granting a renewal of the exemption 

would continue to allow team drivers to 

manage their en-route rest periods 

efficiently and also perform mandated 

shipment security surveillance, 

resulting in a safe and secure driving 

performance during a long distance trip. 

DOE has implemented several 

technical and administrative controls to 

ensure the continued effective use of 

driver on-duty and rest-break time, 

which would remain in effect under the 

requested exemption renewal. They 

include the following: 

• Real-time tracking and monitoring 

of transuranic waste and securitysensitive shipments using DOE’s 

satellite-based systems. 

• Use of electronic on-board recorders 

on trucks, which is contractually 

required for motor carriers involved in 

the Waste Isolation Pilot Plant to ensure 

compliance with driver HOS rules. 

• Continuous monitoring of the 

performance of DOE-qualified motor 

carriers using the FMCSA Compliance 

Safety Accountability Program’s Safety 

Measurement System, and DOE’s Motor 

Carrier Evaluation Program. 

Further details regarding DOE’s safety 

controls can be found in its application 

for a renewal of the exemption. The 

application can be accessed in the 

docket identified at the beginning of this 

notice. DOE contends that these controls 

enable them to achieve a high level of 

safety and security for transportation of 

security-sensitive radioactive materials. 

DOE believes that its contract 

employee drivers should continue to be 

allowed to follow the requirements of 

§ 395.1(q) when transporting shipments 

of security-sensitive radioactive 

materials. DOE believes that shipments 

made under the requested exemption 

renewal would achieve a level of safety 

and security that is at least equivalent 

to that which would be obtained by 

following the normal rest break 

requirement in § 395.3(a)(3)(ii). 

In their initial application, DOE had 

estimated that 30 power units and 53 

drivers would be eligible for the 

exemption. The proposed exemption 

renewal would be effective from June 

30, 2015 through June 30, 2017. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b)(4), FMCSA requests public 

comment on DOE’s application for a 

renewal of an exemption from certain 

provisions of the driver’s record of duty 

status rules in 49 CFR part 395. The 

Agency will consider all comments 

received by close of business on April 

27, 2015. Comments will be available 

for examination in the docket at the 

location listed in the ADDRESSES section 

of this notice. The Agency will consider 

to the extent practicable comments 

received in the public docket after the 

closing date of the comment period. 

Issued on: March 19, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–07060 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0214] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant requests from 5 

individuals for exemptions from the 

regulatory requirement 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 

regulation and the associated advisory 

criteria published in the Code of Federal 

Regulations as the ‘‘Instructions for 

Performing and Recording Physical 

Examinations’’ have resulted in 

numerous drivers being prohibited from 

operating CMVs in interstate commerce 

based on the fact that they have had one 

or more seizures and are taking antiseizure medication, rather than an 

individual analysis of their 

circumstances by a qualified medical 

examiner. The Agency concluded that 

granting exemptions for these CMV 

drivers will provide a level of safety that 

is equivalent to or greater than the level 

of safety maintained without the 

exemptions. FMCSA grants exemptions 

that will allow these 5 individuals to 

operate CMVs in interstate commerce 

for a 2-year period. The exemptions 

preempt State laws and regulations and 

may be renewed. 

DATES: The exemptions are effective 

March 27, 2015. The exemptions expire 

on March 27, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

A. 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 www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

B. Background 

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

31315(b), FMCSA may grant an 

exemption from the safety regulations 

for a 2-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 2-year 

period. 

FMCSA grants 5 individuals an 

exemption from the regulatory 

requirement in § 391.41(b)(8), to allow 

these individuals who take anti-seizure 

medication to operate CMVs in 

interstate commerce for a 2-year period. 

The Agency’s decision on these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s), the length of time 

elapsed since the individual’s last 

seizure, and each individual’s treatment 

regimen. In addition, the Agency 

reviewed each applicant’s driving 

record found in the Commercial Driver’s 

License Information System (CDLIS) 1

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