Qualification of Drivers; Exemption Applications; Diabetes, 81667-81670 [2015-32863]
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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
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://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
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[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
https://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
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://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:
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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:
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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
https://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 https://
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 https://
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.
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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
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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)
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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)
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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.
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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
https://www.regulations.gov and in the
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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 https://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]
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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:
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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).
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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]
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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 https://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 https://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 https://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 https://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 https://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