45800 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

C. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory 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.transportation.gov/privacy. 

II. Background 

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 physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 391.41(b)(8) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause the loss of 

consciousness or any loss of ability to 

control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist Medical Examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The two individuals listed in this 

notice have requested renewal of their 

exemptions from the epilepsy and 

seizure disorders prohibition in 

§ 391.41(b)(8), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b), FMCSA 

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

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

and 31315(b), each of the two applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The two drivers in this 

notice remain in good standing with the 

Agency, have maintained their medical 

monitoring and have not exhibited any 

medical issues that would compromise 

their ability to safely operate a CMV 

during the previous 2-year exemption 

period. In addition, for Commercial 

Driver’s License (CDL) holders, the 

Commercial Driver’s License 

Information System and the Motor 

Carrier Management Information System 

are searched for crash and violation 

data. For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency. These 

factors provide an adequate basis for 

predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of 2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

As of August 13, 2021, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Dennis Klamm (MN) and Stephen 

Root (NY). 

The drivers were included in docket 

number FMCSA–2015–0116 or FMCSA– 

2019–0027. Their exemptions are 

applicable as of August 13, 2021 and 

will expire on August 13, 2023. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must remain seizure-free and 

maintain a stable treatment during the 

2-year exemption period; (2) each driver 

must submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified ME, as 

defined by § 390.5; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. The exemption will be 

rescinded if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315(b). 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based on its evaluation of the two 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

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

and 31315(b), each exemption will be 

valid for 2 years unless revoked earlier 

by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–17420 Filed 8–13–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0010] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from seven individuals for 

an exemption from the vision 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) to 

operate a commercial motor vehicle 

(CMV) in interstate commerce. If 

granted, the exemptions will enable 


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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45801 

these individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before September 15, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2021–0010 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2021–0010, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• Mail: Dockets Operations; 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., ET, 

Monday through Friday, except Federal 

Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are 8:30 a.m. to 5 p.m., ET, 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2021–0010), 

indicate the specific section of this 

document to which each 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 that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

www.regulations.gov/docket?D=FMCSA2021-0010. Next, sort the results by 

‘‘Posted (Newer-Older),’’ choose the first 

notice listed, click the ‘‘Comment’’ 

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. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0010, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ 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. 

C. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory 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.transportation.gov/privacy. 

II. Background 

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 seven individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 

§ 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70° in the horizontal 

meridian in each eye, and the ability to 

recognize the colors of traffic signals 

and devices showing standard red, 

green, and amber. 

On July 16, 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (57 FR 31458). The 

current Vision Exemption Program was 

established in 1998, following the 

enactment of amendments to the 

statutes governing exemptions made by 

§ 4007 of the Transportation Equity Act 

for the 21st Century (TEA–21), Public 

Law 105–178, 112 Stat. 107, 401 (June 

9, 1998). Vision exemptions are 

considered under the procedures 

established in 49 CFR part 381 subpart 

C, on a case-by-case basis upon 

application by CMV drivers who do not 

meet the vision standards of 

§ 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely in intrastate commerce 

with the vision deficiency for the past 

three years. Recent driving performance 

is especially important in evaluating 

future safety, according to several 

research studies designed to correlate 

past and future driving performance. 

Results of these studies support the 

principle that the best predictor of 

future performance by a driver is his/her 

past record of crashes and traffic 

violations. Copies of the studies may be 

found at www.regulations.gov/ 

docket?D=FMCSA-1998-3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 


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45802 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

1A thorough discussion of this issue may be 

found in a FHWA final rule published in the 

Federal Register on March 26, 1996 and available 

on the internet at https://www.govinfo.gov/content/ 

pkg/FR-1996-03-26/pdf/96-7226.pdf. 

because data from the Federal Highway 

Administration’s former waiver study 

program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively.1 The fact that experienced 

monocular drivers demonstrated safe 

driving records in the waiver program 

supports a conclusion that other 

monocular drivers, meeting the same 

qualifying conditions as those required 

by the waiver program, are also likely to 

have adapted to their vision deficiency 

and will continue to operate safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 3 

consecutive years of data, comparing the 

experiences of drivers in the first 2 years 

with their experiences in the final year. 

III. Qualifications of Applicants 

Christopher W. Cochran 

Mr. Cochran, 37, has had optic 

atrophy in his left eye since birth. The 

visual acuity in his right eye is 20/20, 

and in his left eye, hand motion. 

Following an examination in 2021, his 

optometrist stated, ‘‘In my medical 

opinion, the patient has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Cochran reported that he has driven 

straight trucks for 5 years, accumulating 

13,000 miles. He holds a Class B CDL 

from Missouri. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jon C. Dillon 

Mr. Dillon, 53, has a macular scar in 

his left eye due to a traumatic incident 

in 1996. The visual acuity in his right 

eye is 20/20, and in his left eye, 

counting fingers. Following an 

examination in 2021, his optometrist 

stated, ‘‘It is my medical opinion that 

Mr. Dillion has sufficient vision to 

perform the driving tests required to 

operate a commercial vehicle under 

guidelines.’’ Mr. Dillon reported that he 

has driven straight trucks for 28 years, 

accumulating 14,000 miles, and tractortrailer combinations for 15 years, 

accumulating 45,000 miles. He holds a 

Class A CDL from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David L. Marsh 

Mr. Marsh, 59, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/70. Following an 

examination in 2020, his 

ophthalmologist stated, ‘‘In my medical 

opinion, David Marsh has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Marsh reported that he has 

driven straight trucks for 39 years, 

accumulating 136,500 miles, tractortrailer combinations for 4 years, 

accumulating 14,000 miles, and buses 

for 10 years, accumulating 35,000 miles. 

He holds a Class A CDL from 

Washington. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jason A. Melo 

Mr. Melo, 36, has had amblyopia in 

his right eye since birth. The visual 

acuity in his right eye is 20/150, and in 

his left eye, 20/20. Following an 

examination in 2020, his optometrist 

stated, ‘‘In my medical opinion, Jason 

has sufficient vision to perform the 

duties required to operate a commercial 

vehicle.’’ Mr. Melo reported that he has 

driven straight trucks for 6 years, 

accumulating 117,000 miles. He holds a 

Class B CDL from New Hampshire. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Jeffrey S. Rockhill 

Mr. Rockhill, 30, has had amblyopia 

in his right eye since childhood. The 

visual acuity in his right eye is 20/400, 

and in his left eye, 20/20. Following an 

examination in 2021, his optometrist 

stated, ‘‘Jeff has adequate vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rockhill reported that he has driven 

straight trucks for 20 years, 

accumulating 300,000 miles, and 

tractor-trailer combinations for 20 years, 

accumulating 300,000 miles. He holds a 

Class A CDL from Kansas. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Leonard J. VanVelkinburgh 

Mr. VanVelkinburgh, 74, has 

complete vision loss in his right eye due 

to a traumatic incident in childhood. 

The visual acuity in his right eye is no 

light perception, and in his left eye, 20/ 

20. Following an examination in 2021, 

his ophthalmologist stated, ‘‘I believe 

that he has sufficient vision in his left 

eye to provide the driving tasks required 

to operate a commercial vehicle.’’ Mr. 

VanVelkinburgh reported that he has 

driven straight trucks for 13 years, 

accumulating 65,000 miles, and tractortrailer combinations for 13 years, 

accumulating 58,500 miles. He holds a 

Class A CDL from California. His 

driving record for the last 3 years shows 

no crashes, and one citation for moving 

violations in a CMV; he exceeded the 

speed limit by 20 miles per hour. 

Ananias E. Yoder 

Mr. Yoder, 27, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/150. Following an 

examination in 2020, his optometrist 

stated, ‘‘In my medical opinion, Mr. 

Yoder has sufficient vision to perform 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Yoder 

reported that he has driven tractortrailer combinations for 3 years, 

accumulating 150,000 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

IV. Request for Comments 

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

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments and material received before 

the close of business on the closing date 


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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45803 

indicated under the DATES section of the 

notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–17419 Filed 8–13–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0107] 

Agency Information Collection 

Activities; Approval of a New 

Information Collection; Waiver and 

Exemption 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, the 

Federal Motor Carrier Safety 

Administration (FMCSA) announces its 

plan to submit the Information 

Collection Request (ICR) described 

below to the Office of Management and 

Budget (OMB) for its review and 

approval and invites public comment. 

This notice invites comment on a new 

information collection titled ‘‘Waiver 

and Exemption Requirements’’. The ICR 

estimates the burden applicants incur to 

comply with the reporting tasks 

required for requesting waivers and 

exemptions. FMCSA has not previously 

accounted for these burdens. 

DATES: We must receive your comments 

on or before October 15, 2021. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Docket 

Number FMCSA–2021–0107 using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• 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: 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. e.t., Monday through 

Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments, see the Public 

Participation heading below. 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. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

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. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal website. If you want 

us to notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: 

Pearlie Robinson, Driver and Carrier 

Operations Division, DOT, FMCSA, 

West Building 6th Floor, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. Telephone: 202–366–4225. 

Email: MCPSD@dot.gov. Office hours 

are from 9 a.m. to 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

SUPPLEMENTARY INFORMATION: 

Background: In 1998, the Federal 

Highway Administration (FHWA), the 

predecessor agency of FMCSA, adopted 

49 CFR part 381 as an interim final rule 

(IFR), establishing procedures for 

applying for waivers, exemptions, and 

pilot programs (63 FR 67600, December 

8, 1998). Section 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21) amended 49 U.S.C. 

31315 and 31136(e) to provide authority 

to the Secretary of Transportation to 

grant waivers and exemptions from 

motor carrier safety regulations. Section 

4007 of TEA–21 requires that the terms 

and conditions for all waivers and 

exemptions likely achieve a level of 

safety equivalent to or greater than what 

would be achieved by complying with 

the safety regulations. In 2004, FMCSA 

adopted its IFR as final at 49 CFR part 

381, consistent with section 4007 of 

TEA–21 (69 FR 51589, August 20, 2004). 

The final rule also established 

procedures that govern how FMCSA 

reviews, grants, or denies requests for 

waivers and applications for 

exemptions. The final rule included 

requirements for publishing notice of 

exemption applications in the Federal 

Register to afford the public an 

opportunity for comment. There is no 

statutory requirement to publish 

Federal Register notices concerning 

waiver applications. 

When the waiver and exemption 

provisions were first adopted, FHWA 

stated that it would ‘‘consider the 

information collection requirements for 

each waiver, exemption, and pilot 

program and, if necessary, request 

approval from the Office of Management 

and Budget for any special 

recordkeeping requirements associated 

with the waiver, exemption, or pilot 

program.’’ (63 FR 67608). FMCSA 

included a similar statement when 

finalizing its IFR in 2004 (69 FR 51597). 

Recently, FMCSA determined that it 

now receives a sufficient number of 

waiver and exemption requests per year 

to require OMB approval. 

Title: Waiver and Exemption 

Requirements. 

OMB Control No.: To be determined 

by OMB upon OMB approval of the ICR. 

Type of Request: New information 

collection. 

Respondents: States, State Drivers 

Licensing Authorities, individuals, and 

motor carriers. 

Estimated Number of Respondents: 

131 per year. 

Estimated Time per Response: 2 

minutes to 2 hours. 

Expiration Date: This is a new 

information collection. 

Frequency of Response: On occasion 

(respondents are not required to submit 

requests for waivers or exemptions). 

Estimated Total Annual Burden: 95 

burden hours. 

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 performance of 

FMCSA’s 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. 


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