Petition for Waiver of Compliance, 38480-38481 [E9-18444]

Download as PDF 38480 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC on July 28, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–18442 Filed 7–31–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. sroberts on DSKD5P82C1PROD with NOTICES Canadian National Railway Company (Waiver Petition Docket Number FRA– 2009–0075) The Canadian National Railway Company (CN), the United Transportation Union (UTU), and the Brotherhood of Locomotive Engineers and Trainmen (BLET) jointly petitioned to establish a pilot project under 49 U.S.C. 21108 providing for an alternative means of measuring the monthly cycle under which employees’ on-duty hours are capped at 276 hours per month. The pilot project would be made possible by a partial waiver of 49 U.S.C. 21103(a)(1), permitting the cap on total service for certain train employees to be computed on other than a calendar month basis. The parties propose to divide the affected employees into two groups, one of which would measure their on-duty time from the first day of each month to the last day of the same month. For the other group, the measurement would be made from the fifteenth (15th) day of the month until the fourteenth (14th) day of the following month. The parties aver that this approach will be as effective as the statutory pattern in preventing fatigue while ensuring that rested employees will be available throughout VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 each calendar month. The entire joint CN, UTU and BLE petition may be viewed at https://www.regulations.gov under the docket number listed above. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings, since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (Docket Number FRA–2009–0075) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 20 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC, on July 28, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–18443 Filed 7–31–09; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 213 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. CSX Transportation (Waiver Petition Docket Number FRA–2008– 0111) In accordance with the conditions set forth in the continuous rail test pilot waiver granted on May 22, 2009, CSX Transportation hereby requests an extension until May 22, 2010, to further evaluate the process for the accepted practice of stop/start rail test hand verification. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2008– 0111) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC on July 28, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–18444 Filed 7–31–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2009–0155] Qualification of Drivers; Exemption Applications; Diabetes sroberts on DSKD5P82C1PROD with NOTICES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt twenty-one individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective August 3, 2009. The exemptions expire on August 3, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 Docket: For access to the docket to read background documents or comments, go to https:// 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., Monday through Friday, except Federal holidays. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at https://www.regulations.gov. Background On June 12, 2009, FMCSA published a notice of receipt of Federal diabetes exemption applications from twentyone individuals, and requested comments from the public (74 FR 28097). The public comment period closed on July 13, 2009, and no comments were received. FMCSA has evaluated the eligibility of the twenty-one applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current standard for diabetes in 1970 because several risk studies indicated that diabetic drivers had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 Federal Register Notice (68 FR 52441) in conjunction with the November 8, 2005, PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 38481 Federal Register Notice (70 FR 67777) provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These twenty-one applicants have had ITDM over a range of 1 to 43 years. These applicants report no hypoglycemic reaction that resulted in loss of consciousness or seizure, that required the assistance of another person, or resulted in impaired cognitive function without warning symptoms in the past 5 years (with one year of stability following any such episode). In each case, an endocrinologist has verified that the driver has demonstrated willingness to properly monitor and manage their diabetes, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the June 2, 2009, Federal Register Notice (74 FR 28097). Therefore, they will not be repeated in this notice. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologist’s medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38480-38481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18444]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 213 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

CSX Transportation

(Waiver Petition Docket Number FRA-2008-0111)

    In accordance with the conditions set forth in the continuous rail 
test pilot waiver granted on May 22, 2009, CSX Transportation hereby 
requests an extension until May 22, 2010, to further evaluate the 
process for the accepted practice of stop/start rail test hand 
verification.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0111) and may be submitted by any of the following methods:
     Web site: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular

[[Page 38481]]

business hours (9 a.m.-5 p.m.) at the above facility. All documents in 
the public docket are also available for inspection and copying on the 
Internet at the docket facility's Web site at https://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC on July 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-18444 Filed 7-31-09; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.