Qualification of Drivers; Exemption Applications; Diabetes, 81667-81670 [2015-32863]

Download as PDF Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices 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. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dan Ngo (202) 267–4264, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on December 23, 2015. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2014–0352. Petitioner: Astraeus Aerial. Section(s) of 14 CFR Affected: 21 subpart H, 45.23(b), 61.113(a), 91.103, 91.109, 91.119, 91.121, 91.151, 91.203(a) & (b), 91.405(a), 91.409(a)(2), 91.417(a)&(b), 91.7(a), and 91.9(b)(2). Description of Relief Sought: The petitioner requests to amend Exemption No. 11062 to conduct UAS commercial operations using augmented visual line of sight operations with a two-person pilot system. Using multiple controllers, one pilot maintains visual line of sight and the other manipulates the aircraft using first person viewing. [FR Doc. 2015–32857 Filed 12–29–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration mstockstill on DSK4VPTVN1PROD with NOTICES [Summary Notice No. PE–15–80] Petition for Exemption; Summary of Petition Received; The Visual Arts Group, LLC Federal Aviation Administration (FAA), DOT. ACTION: Notice. of the Code of Federal Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. Comments on this petition must identify the petition docket number and must be received on or before January 19, 2016. DATES: Send comments identified by docket number FAA–2015–0036 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: 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. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: AGENCY: FOR FURTHER INFORMATION CONTACT: This notice contains a summary of a petition seeking relief from specified requirements of Title 14 Michael Cameron, (202) 267–4549. 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. SUMMARY: VerDate Sep<11>2014 17:59 Dec 29, 2015 Jkt 238001 PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 81667 Issued in Washington, DC, on December 23, 2015. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2015–0036. Petitioner: The Visual Arts Group, LLC. Section(s) of 14 CFR Affected: 21, and §§ 45.23(b), 61.113(a) and (b), 91.7, 91.9, (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b). Description of Relief Sought: The petitioner is requesting relief to launch its small multi rotor unmanned aircraft systems (sUAS) from a moving vessel such as golf carts, camera dollies and other slow moving vehicles customarily used on motion picture and TV sets for the purpose of transporting movie cameras during the filming process. [FR Doc. 2015–32858 Filed 12–29–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2009–0289; FMCSA– 2009–0290; FMCSA–2011–0300; FMCSA– 2013–0190; FMCSA–2013–0191] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions of 107 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before January 29, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 81668 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices FMCSA–2009–0289; FMCSA–2009– 0290; FMCSA–2011–0300; FMCSA– 2013–0190; FMCSA–2013–0191, using any of the following methods: • Federal eRulemaking Portal: Go to http://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., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http:// 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 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 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 on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our 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, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8 a.m. to 5:30 p.m. Monday through Friday, except Federal holidays. VerDate Sep<11>2014 17:59 Dec 29, 2015 Jkt 238001 SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the Federal Motor Carrier Safety Regulations 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. The 107 individuals listed in this notice have recently become eligible for a renewed exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. The drivers remain in good standing with the Agency, have maintained their required medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2year exemption period. Exemption Decision This notice addresses 107 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. These 107 drivers remain in good standing with the Agency, have maintained their required 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. Therefore, FMCSA has decided to extend each exemption for a renewable two-year period. Each individual is identified according to the renewal date. The exemptions are renewed subject to the following conditions: (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 severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual submit an annual ophthalmologist’s or optometrist’s report; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 Federal, State, or local enforcement official. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. The following groups of drivers received renewed exemptions in the month of January and are discussed below. As of January 5, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 20 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (76 FR 71112; 77 FR 532): Mark A. Aspden (MA) Rodney C. Backus (NY) Gary L. Breitenbach (SC) Gerald R. Curran (PA) Matthew G. Denisov (NC) Shawn K. Fleming (PA) Steven W. Gerling (IA) Jackie D. Greenlee (MO) Gregory L. Horton (GA) Justin W. Jackson (OK) David T. Kylander (MO) Kevin A. Perdue (MD) Michael E. Pleak (IN) Sarah M. Powell (NM) James G. Rahn (IA) Christopher C. Stephenson (KS) Ward A. Stone (WI) Todd J. Timmerman (WI) Richard L. White (MS) Paul A. Wright (NY) The drivers were included in Docket No. FMCSA–2011–0300. Their exemptions are effective as of January 5, 2016 and will expire on January 5, 2018. As of January 11, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 24 individuals, have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (74 FR 55890; 75 FR 1449): Eric M. Butz (OH) Rita A. Cefaratti (CT) Gerald F. Crowley (NY) Scott J. Denham (MN) Larry E. Dickerson (GA) Lance W. Essex (OH) David E. Ginter (PA) William H. Goebel (IA) Joseph L. Gray III (PA) Ryan R. Harris (IA) Carroll J. Hartsell (WV) Keith M. Huels (AZ) Daniel R. Jackson (PA) Curtis W. Keelin, Jr. (WY) Patrick J. Krueger (WI) Tammy Lynn F. Manuel (SC) E:\FR\FM\30DEN1.SGM 30DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices Francisco J. Martinez (MA) Andrew W. Myer (NE) Chad A. Nelson (UT) David W. Olson (AZ) Mark E. Pascoe (WI) Terry L. Riddell (IN) Roger L. Summerfield (WI) Jimmy P. Wright (TX) The drivers were included in Docket No. FMCSA–2009–0289. Their exemptions are effective as of January 11, 2016 and will expire on January 11, 2018. As of January 23, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (78 FR 65034; 79 FR 3917): Clair H. Gilmore (WA) Michael Kollos (MN) Daniel T. Lindahl (WI) James F. McSweeney (NH) Eric W. Miller (IN) William J. Rodgers (PA) Mark A. Rosenau (MN) Daniel B. Shaw (FL) John C. Thomas (IN) Richard Wasko (FL) Douglas E. Wilhoit (PA) Richard A. Wilk (OH) Thomas A. Young (TX) The drivers were included in Docket No. FMCSA–2013–0190. Their exemptions are effective as of January 23, 2016 and will expire on January 23, 2018. As of January 28, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 25 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (74 FR 65836; 75 FR 4622): Bob A. Bauer (WI) Michael P. Berger (ND) William D. Blosch (GA) Victor M. Brunner (WI) Tom L. Cooley (KS) Wallace E. Crouse, Jr. (MA) Robert G. Dohman, Jr. (ND) Danny E. Edmondson (GA) Andrew C. Everett (AZ) Wendell G. Fordham (GA) Eugene G. Friedman (NJ) Donald W. Hansen (ND) Joseph S. Hernandez (NM) Jordan T. Johnston (IN) Jere W. Kirkpatrick (OH) Kyle A. Leach (NE) Robert J. Lewis, Jr. (VT) Stacy R. Oberholzer (PA) Michael S. Ogle (GA) Walter L. Patrick (TN) Clifford A. Peters (IL) VerDate Sep<11>2014 17:59 Dec 29, 2015 Jkt 238001 Richard L. Piercefield, Sr. (MI) Kevin A. Roginski (PA) Bruce M. Stockton (MO) Todd R. Vickers (MD) The drivers were included in Docket No. FMCSA–2009–0290. Their exemptions are effective as of January 28, 2016 and will expire on January 28, 2018. As of January 29, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 25 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (78 FR 68139; 79 FR 4807): Dylan J. Bryan (IL) Robert A. Collins (NJ) Fred J. Combs (OH) Edward C. DeFrancesco (CT) Terrance J. Dusharm (MN) Jonathan Eggers (MN) Gilbert N. Fugate (IN) Scott C. Garbiel (ME) Charles D. Grant (GA) William F. Hamann (KY) Jerry J. Klosterman (OH) Joseph E. Kolb (NY) Matthew D. Lee (VA) Craig A. Lemponen (OH) Matthew P. Ludwig (NY) Keith B. Masters (NH) Eli J. Meekhof (MI) Jeffrey A. Olson (IA) Marvin H. Patterson III (SC) Brandon C. Rhinehart (MD) Donald R. Sine, Jr. (WV) Dennis E. Taunton (ID) Phillip A. Trent (VA) Deborah D. Watson (MI) Ronnie C. Webb (MT) The drivers were included in Docket No. FMCSA–2013–0191. Their exemptions are effective as of January 29, 2016 and will expire on January 29, 2018. Each of the 107 drivers in the aforementioned groups qualifies for a renewal of the exemption. They have maintained their required 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. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of the 107 drivers for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. The drivers were included in docket numbers FMCSA– 2009–0289; FMCSA–2009–0290; FMCSA–2011–0300; FMCSA–2013– 0190; FMCSA–2013–0191. PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 81669 Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by January 29, 2016. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 107 individuals from rule prohibiting persons with ITDM from operating CMVs in interstate commerce in 49 CFR 391.41(b)(3). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the medical condition of each applicant for an exemption from rule prohibiting persons with ITDM from operating CMVs in interstate commerce. That information is available by consulting the above cited Federal Register publications. 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, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments 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 http://www.regulations.gov and in the E:\FR\FM\30DEN1.SGM 30DEN1 81670 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices search box insert the docket numbers FMCSA–2009–0289; FMCSA–2009– 0290; FMCSA–2011–0300; FMCSA– 2013–0190; FMCSA–2013–0191 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, and to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2009–0289; FMCSA–2009– 0290; FMCSA–2011–0300; FMCSA– 2013–0190; FMCSA–2013–0191 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: December 15, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–32863 Filed 12–29–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA 2015–0461] mstockstill on DSK4VPTVN1PROD with NOTICES Agency Information Collection Activities; Emergency Revision of a Currently-Approved Information Collection: Licensing Applications for Motor Carrier Operating Authority Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) SUMMARY: VerDate Sep<11>2014 17:59 Dec 29, 2015 Jkt 238001 described below to the Office of Management and Budget (OMB) for its review and approval. The FMCSA seeks emergency approval to revise an ICR titled, ‘‘Licensing Applications for Motor Carrier Operating Authority,’’ that is used by for-hire motor carriers of regulated commodities, motor passenger carriers, freight forwarders, property brokers, and certain Mexico-domiciled motor carriers to register their operations with the FMCSA. DATES: Please send your comments to this notice by January 29, 2016. OMB must receive your comments by this date to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2015–0461. 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, 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: Mr. Jeff Secrist, Office of Registration and Safety Information, Department of Transportation, Federal Motor Carrier Safety Administration, West Building, 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Telephone: 202–385–2367; email jeff.secrist@dot.gov. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Licensing Applications for Motor Carrier Operating Authority. OMB Control Number: 2126–0016. Type of Request: Revision of a currently-approved information collection. Respondents: Motor carriers, motor passenger carriers, freight forwarders, brokers, and certain Mexico-domiciled motor carriers. Estimated Number of Respondents: 12,413. Estimated Time per Response: 4 hours to complete Form OP–1 (MX); and 2 hours to complete Forms OP–1, OP– 1(FF), OP–1(P) and OP–1(NNA). Expiration Date: October 31, 2018. Frequency of Response: Other (as needed). PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 Estimated Total Annual Burden: 24,853 hours [74,464 hours for Year 1 + 48 hours for Year 2 + 48 hours for Year 3 = 74,560 hours/3 year approval for ICR = 24,853 estimated average number of annual burden hours]. Background: The FMCSA is authorized to register certain for-hire Mexico-domiciled long-haul motor carriers of regulated commodities under the provisions of 49 U.S.C. 13902 and the North American Free Trade Agreement (NAFTA) motor carrier access provision. The Form OP–1(MX) is used by FMCSA to register those Mexico-domiciled motor carriers. It requests information on the applicant’s identity, location, familiarity with safety requirements, and type of proposed operations. FMCSA published a Final Rule titled, ‘‘Unified Registration System,’’ (78 FR 52608), dated August 23, 2013, that would incorporate all registration form requirements included in this ICR, except the Form OP–1(MX), into the Form MCSA–1 in the OMB Control Number 2126–0051, ‘‘FMCSA Registration/Updates,’’ ICR effective October 23, 2015. The Form OP–1(MX) was excluded from the Form MCSA–1 because its information collection requirements are beyond the scope of the Unified Registration System Final Rule. On October 5, 2015, FMCSA obtained OMB approval to eliminate all of the registration forms except the Form OP–1(MX) from this ICR. This emergency ICR revision request is due to a Final Rule titled ‘‘Unified Registration System,’’ (80 FR 63695) dated October 21, 2015, which changed the effective and compliance dates of the 2013 Final Rule from October 23, 2015, to September 30, 2016. This change in the effective and compliance dates from the 2013 Final Rule is required to allow FMCSA additional time to complete the information technology (IT) systems work required to fully implement that rule. As a result, FMCSA seeks emergency approval to continue using the Licensing Applications for Motor Carrier Operating Authority Forms (OP– 1(NNA), OP–1(FF), OP–1, and OP–1(P)) through September 30, 2016, as these forms will be needed to support registration requirements. Public Comments Invited: FMCSA requests that you comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for 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 E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81667-81670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32863]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-
2013-0190; FMCSA-2013-0191]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 107 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
January 29, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No.

[[Page 81668]]

FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-2013-0190; 
FMCSA-2013-0191, using any of the following methods:
     Federal eRulemaking Portal: Go to http://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., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://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 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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) 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: Anyone may search the electronic form of all comments 
received into any of our 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, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Federal Motor Carrier Safety Regulations 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. The 107 individuals listed 
in this notice have recently become eligible for a renewed exemption 
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. The drivers remain in good 
standing with the Agency, have maintained their required 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.

Exemption Decision

    This notice addresses 107 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 107 drivers 
remain in good standing with the Agency, have maintained their required 
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. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (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 severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of January and are 
discussed below.
    As of January 5, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 20 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (76 FR 71112; 77 FR 
532):

Mark A. Aspden (MA)
Rodney C. Backus (NY)
Gary L. Breitenbach (SC)
Gerald R. Curran (PA)
Matthew G. Denisov (NC)
Shawn K. Fleming (PA)
Steven W. Gerling (IA)
Jackie D. Greenlee (MO)
Gregory L. Horton (GA)
Justin W. Jackson (OK)
David T. Kylander (MO)
Kevin A. Perdue (MD)
Michael E. Pleak (IN)
Sarah M. Powell (NM)
James G. Rahn (IA)
Christopher C. Stephenson (KS)
Ward A. Stone (WI)
Todd J. Timmerman (WI)
Richard L. White (MS)
Paul A. Wright (NY)

    The drivers were included in Docket No. FMCSA-2011-0300. Their 
exemptions are effective as of January 5, 2016 and will expire on 
January 5, 2018.
    As of January 11, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 24 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 55890; 75 FR 
1449):

Eric M. Butz (OH)
Rita A. Cefaratti (CT)
Gerald F. Crowley (NY)
Scott J. Denham (MN)
Larry E. Dickerson (GA)
Lance W. Essex (OH)
David E. Ginter (PA)
William H. Goebel (IA)
Joseph L. Gray III (PA)
Ryan R. Harris (IA)
Carroll J. Hartsell (WV)
Keith M. Huels (AZ)
Daniel R. Jackson (PA)
Curtis W. Keelin, Jr. (WY)
Patrick J. Krueger (WI)
Tammy Lynn F. Manuel (SC)

[[Page 81669]]

Francisco J. Martinez (MA)
Andrew W. Myer (NE)
Chad A. Nelson (UT)
David W. Olson (AZ)
Mark E. Pascoe (WI)
Terry L. Riddell (IN)
Roger L. Summerfield (WI)
Jimmy P. Wright (TX)

    The drivers were included in Docket No. FMCSA-2009-0289. Their 
exemptions are effective as of January 11, 2016 and will expire on 
January 11, 2018.
    As of January 23, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (78 FR 65034; 79 FR 
3917):

Clair H. Gilmore (WA)
Michael Kollos (MN)
Daniel T. Lindahl (WI)
James F. McSweeney (NH)
Eric W. Miller (IN)
William J. Rodgers (PA)
Mark A. Rosenau (MN)
Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)
Thomas A. Young (TX)

    The drivers were included in Docket No. FMCSA-2013-0190. Their 
exemptions are effective as of January 23, 2016 and will expire on 
January 23, 2018.
    As of January 28, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 25 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (74 FR 65836; 75 FR 
4622):

Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Wallace E. Crouse, Jr. (MA)
Robert G. Dohman, Jr. (ND)
Danny E. Edmondson (GA)
Andrew C. Everett (AZ)
Wendell G. Fordham (GA)
Eugene G. Friedman (NJ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Clifford A. Peters (IL)
Richard L. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)

    The drivers were included in Docket No. FMCSA-2009-0290. Their 
exemptions are effective as of January 28, 2016 and will expire on 
January 28, 2018.
    As of January 29, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 25 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (78 FR 68139; 79 FR 
4807):

Dylan J. Bryan (IL)
Robert A. Collins (NJ)
Fred J. Combs (OH)
Edward C. DeFrancesco (CT)
Terrance J. Dusharm (MN)
Jonathan Eggers (MN)
Gilbert N. Fugate (IN)
Scott C. Garbiel (ME)
Charles D. Grant (GA)
William F. Hamann (KY)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Matthew D. Lee (VA)
Craig A. Lemponen (OH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Eli J. Meekhof (MI)
Jeffrey A. Olson (IA)
Marvin H. Patterson III (SC)
Brandon C. Rhinehart (MD)
Donald R. Sine, Jr. (WV)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)

    The drivers were included in Docket No. FMCSA-2013-0191. Their 
exemptions are effective as of January 29, 2016 and will expire on 
January 29, 2018.
    Each of the 107 drivers in the aforementioned groups qualifies for 
a renewal of the exemption. They have maintained their required 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.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each of the 
107 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-
2011-0300; FMCSA-2013-0190; FMCSA-2013-0191.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by January 29, 2016.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 107 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    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, FMCSA will take immediate steps to revoke the 
exemption of a driver.

Submitting Comments

    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 http://www.regulations.gov and 
in the

[[Page 81670]]

search box insert the docket numbers FMCSA-2009-0289; FMCSA-2009-0290; 
FMCSA-2011-0300; FMCSA-2013-0190; FMCSA-2013-0191 and click the search 
button. When the new screen appears, click on the blue ``Comment Now!'' 
button on the right hand side of the page. On the new page, enter 
information required including the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ 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.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, and to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-2013-0190; 
FMCSA-2013-0191 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: December 15, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-32863 Filed 12-29-15; 8:45 am]
 BILLING CODE 4910-EX-P