Qualification of Drivers; Exemption Applications; Diabetes, 24434-24437 [2017-10766]
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
OMB Control Number: 2126–0030.
Type of Request: Extension of a
currently-approved information
collection.
Respondents: Motor carriers subject to
the HM Safety Permit requirements in
49 CFR part 385, subpart E.
Estimated Number of Respondents:
1,304.
Estimated Time per Response: 5
minutes. The communication between
motor carriers and their drivers must
take place at least two times per day. It
is estimated that it will take 5 minutes
to maintain a daily communication
record for each driver.
Expiration Date: N/A.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
908,000 hours [10.9 million trips × 5
minutes per record ÷ 60 minutes per
hour = 908,333.33 rounded to 908,000].
Background: The Secretary of
Transportation (Secretary) is responsible
for implementing regulations to issue
safety permits for transporting certain
hazardous materials (HM) in accordance
with 49 U.S.C. 5101 et seq. The HM
Safety Permit regulations (49 CFR part
385, subpart E) require carriers to
develop and maintain route plans so
that law enforcement officials can verify
the correct location of the HM shipment.
The FMCSA requires companies
holding safety permits to develop a
communications plan that allows for the
periodic tracking of the shipment. This
ICR covers the record of
communications that includes the time
of the call and location of the shipment.
The records may be kept by either the
driver (e.g., recorded in the log book) or
the company. These records must be
kept, either physically or electronically,
for at least six months at the company’s
principal place of business or be readily
available to employees at the company’s
principal place of business. The
currently-approved information
collection is based on an estimated
1,382 respondents. The total number of
companies now holding a safety permit
is 1,304 therefore in this ICR the
estimated number of respondents is
being revised to reflect this number.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
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Issued under the authority of 49 CFR 1.87
on: May 18, 2017.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2017–10762 Filed 5–25–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0322; FMCSA–
2010–0051; FMCSA–2012–0042; FMCSA–
2012–0043; FMCSA–2014–0012; FMCSA–
2014–0013; FMCSA–2014–0014; FMCSA–
2014–0015]
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 149
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 June 26, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2009–0322; FMCSA–2010–
0051; FMCSA–2012–0042; FMCSA–
2012–0043; FMCSA–2014–0012;
FMCSA–2014–0013; FMCSA–2014–
0014; FMCSA–2014–0015 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,
SUMMARY:
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1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., 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., e.t., 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: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5:30
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. 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
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
achieved absent such exemption.’’ The
statute also allows the Agency to renew
exemptions at the end of the 2-year
period. The 149 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.
II. Exemption Decision
This notice addresses 149 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 149 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
Federal, State, or local enforcement
official.
III. 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
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renewed exemptions in the month of
May and are discussed below.
As of May 8, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315,
David G. Stookey (WA) has satisfied the
renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (79 FR 10612; 79
FR 27685).
The driver was included in docket
No. FMCSA–2014–0012. The exemption
is effective as of May 8, 2016, and will
expire on May 8, 2018.
As of May 11, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce.
(77 FR 17111; 77 FR 27841):
John G. Hager, Jr. (NJ)
Charles C. Karver (MN)
Benjamin Kimbrough (KS)
Jeffery J. Lawrie (OH)
Raymond Pittman, Jr. (IL)
Daniel J. Russell (OH)
Donald L. Russell, Jr. (MD)
Robert J. Smith (PA)
Robert J. Socha (NE)
Thomas C. Torbett (MO)
The drivers were included in docket
No. FMCSA–2012–0042. Their
exemptions are effective as of May 11,
2016 and will expire on May 11, 2018.
As of May 14, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals,
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 2785; 79 FR 10612):
Aaron C. Bogle (OH)
Todd L. Brandt (IL)
Dean G. Brekhus (ND)
Angie M. Carrington (IL)
David A. Cavan (MA)
David A. Charles (OH)
James A. Davis (IL)
Samuel J. Desmond (RI)
Mark C. Durler (KS)
John F. Fedorchak, Jr. (PA)
Derek W. Frazier (IA)
Michael G. Haugen (WI)
Timothy S. Hinkhouse (NE)
Gregg W. Isherwood (ME)
James A. Lagunas (AZ)
Douglas R. Lane (NY)
Jonathan W. Luebke (WI)
Brion T. Maguire (PA)
Jacob R. Martin (MO)
John C. May (NE)
Daryl J. Millard (WA)
Slobodan Pavlovich (WA)
Darryl W. Peppers (IN)
Bradley S. Pletcher (PA)
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24435
Hank D. Rose, Jr. (NC)
Joshua R. Wiery (OH)
The drivers were included in docket
No. FMCSA–2014–0012. Their
exemptions are effective as of May 14,
2016, and will expire on May 14, 2018.
As of May 16, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 29 individuals,
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 14579; 79 FR 28590):
Schylor M. Altenhofen (IA)
Don R. Anderson III (IN)
Thomas A. Barnes (MI)
Alvin L. Carpenter (MT)
Richard J. D’Ambrosia (NY)
Jefferey F. Deame (MA)
Keith M. Dickerson (WI)
Carl A. Federighi (CA)
Bradley J. Frazier (IL)
Carl R. Gentry (WA)
Robert M. Hutchison (NY)
Craig A. Keese, Jr. (NY)
Amos L. Lapp (PA)
Edward J. Lulay (IL)
Donald S. Middleton (MO)
Alva D. Moffatt (WA)
John M. Muske (MN)
Stephen R. Newlin (IL)
Antonio Pepiciello (NY)
David R. Petitt (WA)
James K. Popp (MN)
Dustin P. Russell (PA)
Sean L. Shidell (WI)
Randall L. Shultz (MO)
Kenneth R. Soult (OH)
Chad B. Spidell (PA)
Cameron M. Sprinkle (IN)
Douglas E. Stewart (MS)
Thomas L. Williams (MN)
The drivers were included in docket
No. FMCSA–2014–0013. Their
exemptions are effective as of May 16,
2016, and will expire on May 16, 2018.
As of May 17, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 30 individuals,
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 13647; 75 FR 27616; 77 FR
18302; 77 FR 29446):
Mark S. Boettcher (MN)
Steven C. Boudreau (MA)
Roy L. Brokaw (WI)
Chris D. Chambers (LA)
Charles A. Cinert, Sr. (IL)
Dale J. Cleaver (PA)
James H. Collins (FL)
Bert R. Duncan II (UT)
Lance L. Fuller (MN)
Johnny Gardner, Jr. (SC)
Mark D. Golden (MI)
Nathaniel W. Gorham (IN)
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DeVere E. Hansen (UT)
Grant C. Huftalin (IA)
Steven M. Janczak (WI)
Sheldon R. Koehn (KS)
Jason R. Kropp (OK)
James W. McClintock, III (AR)
Adolfo Moreno, Jr. (WA)
John W. Morrison (CA)
Bruce V. Oppegard (MN)
Steven G. Petersen (MN)
Damian J. Porter (NY)
David L. Rice (ME)
Wayne F. Richards (PA)
Gary G. Sironen (MT)
Rodney L. Stoltenberg (IA)
Wade D. Street (MT)
Charles M. Sweat (VA)
Stanley C. Tarvidas (IL)
The drivers were included in one of
the following docket Nos: FMCSA–
2009–0322; FMCSA–2012–0043. Their
exemptions are effective as of May 17,
2016, and will expire on May 17, 2018.
As of May 21, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 52 individuals,
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 14652; 75 FR 28684; 79 FR
18400; 79 FR 29262):
Douglas L. Atkins (GA)
Bradley E. Bradshaw (NC)
Phillip W. Bulen (ID)
Robert L. Buol (IA)
Carlos V. Candelaria (NM)
Suellen M. Civiello (ME)
Michael T. Clements (WI)
Daniel G. Conery (NJ)
John A. Conness (MO)
James R. Crawford (WA)
Alan Curtis (UT)
David P. Dengate (PA)
Alan D. Ekberg (NE)
Richard A. Flieth (ND)
Neil G. Ford (PA)
Alden J. Haskins, Sr. (MD)
James Herrada (NE)
Gary W. Hochstein (MN)
Harold D. Hoggard II (PA)
Terry L. Horn (NC)
Wayne L. Hurley (MD)
Gerald A. Johnson (WI)
Frank J. Katzbeck (IL)
Frank T. Katzele (WI)
Cory M. Kobernick (KY)
Thomas G. Lamberton (WA)
Lee H. Lewis (PA)
James K. Libke (IN)
Gordon E. Lindley (WY)
Edwin J. Ludwig (OH)
Edwin H. Maranville (OR)
Joseph R. Marcelewski (OH)
Douglas J. Murray (NY)
David R. Norton (OH)
Eugene P. OQuendo (MA)
Curtis J. Pitt (OR)
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Larry J. Reese (PA)
William O. Ruiz III (AZ)
James P. Rushing, Jr. (VA)
Harold D. Russman (SD)
Hector M. Sanchez (NM)
Scott W. Shindledecker (IN)
Shirliann F. Skroch (NV)
Ross L. Smith, Sr. (NJ)
Thomas G. Sosnoski (FL)
Christopher Starghill (DC)
Richard L. Stark (OH)
Philip E. Stegeman (ID)
Kevin L. Upmann (IL)
Brandon L. Weaver (PA)
Matthew G. Williams (KY)
Michael B. Wilson (OH)
The drivers were included in one of
the following docket Nos: FMCSA–
2010–0051; FMCSA–2014–0014. Their
exemptions are effective as of May 21,
2016, and will expire on May 21, 2018.
As of May 23, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, Derald E. Moenning (NE) has
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 22573; 79 FR 35855).
The driver was included in docket
No. FMCSA–2014–0015. The exemption
is effective as of May 23, 2016, and will
expire on May 23, 2018.
Each of the 149 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 149 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–
2009–0322; FMCSA–2010–0051;
FMCSA–2012–0042; FMCSA–2012–
0043; FMCSA–2014–0012; FMCSA–
2014–0013; FMCSA–2014–0014;
FMCSA–2014–0015.
IV. 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 June 26,
2017.
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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 149
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.
V. 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
search box insert the docket numbers
FMCSA–2009–0322; FMCSA–2010–
0051; FMCSA–2012–0042; FMCSA–
2012–0043; FMCSA–2014–0012;
FMCSA–2014–0013; FMCSA–2014–
0014; FMCSA–2014–0015 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
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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. FMCSA may issue a final
determination at any time after the close
of the comment period.
VI. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2009–0322; FMCSA–2010–
0051; FMCSA–2012–0042; FMCSA–
2012–0043; FMCSA–2014–0012;
FMCSA–2014–0013; FMCSA–2014–
0014; FMCSA–2014–0015 and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to this notice.
Issued on: May 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
I. Background
[FR Doc. 2017–10766 Filed 5–25–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26367]
Motor Carrier Safety Advisory
Committee (MCSAC); Public Meeting
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of advisory committee
meeting.
AGENCY:
FMCSA announces that its
MCSAC will meet on Monday and
Tuesday, June 12–13, 2017, to provide
recommendations to the Agency
concerning: Highly automated
commercial vehicles (HACVs), the
development of the Agency’s fiscal year
(FY) 2018–2022 strategic plan, and the
review of the Federal Motor Carrier
Safety Regulations (FMCSRs) to identify
potential opportunities to reduce
regulatory burdens while ensuring that
Federal safety programs continue to
achieve safety outcomes. The meeting is
open to the public for its entirety.
DATES: The meeting will be held
Monday–Tuesday, June 12–13, 2017,
from 9:15 a.m. to 4:30 p.m., Eastern
SUMMARY:
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Daylight Time (EDT), at the U.S.
Department of Transportation
Headquarters, 1200 New Jersey Avenue
SE., Washington, DC 20590. Members of
the public planning to attend should
email FMCSA at the contact information
listed below by June 7, 2017. Members
of the MCSAC and the public should
arrive at 8:45 a.m. to facilitate clearance
through DOT security. Copies of the
MCSAC Task Statement and an agenda
for the entire meeting will be made
available in advance of the meeting at
https://www.fmcsa.dot.gov/mcsac.
FOR FURTHER INFORMATION CONTACT: Ms.
Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy,
Federal Motor Carrier Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,
(202) 385–2395, mcsac@dot.gov.
Services for Individuals with
Disabilities: For information on facilities
or services for individuals with
disabilities or to request special
assistance at the meeting, contact Mr.
Eran Segev at (617) 494–3174 or
eran.segev@dot.gov, by Wednesday,
June 7, 2017.
SUPPLEMENTARY INFORMATION:
MCSAC
MCSAC was established to provide
FMCSA with advice and
recommendations on motor carrier
safety programs and motor carrier safety
regulations. MCSAC is composed of 20
voting representatives from safety
advocacy, safety enforcement, labor, and
industry stakeholders of motor carrier
safety. The diversity of the Committee
ensures the requisite range of views and
expertise necessary to discharge its
responsibilities. The Committee
operates as a discretionary committee
under the authority of the U.S.
Department of Transportation (DOT),
established in accordance with the
provisions of the Federal Advisory
Committee Act (FACA), as amended, 5
U.S.C. App. 2. See FMCSA’s MCSAC
Web site for additional information
about the committee’s activities at
https://fmcsa.dot.gov/mcsac.
Task 17–1: Highly Automated
Commercial Vehicles
Highly automated commercial
vehicles (HACVs) are those in which the
vehicle can take full control of the
driving tasks in at least some
circumstances. HACVs hold enormous
potential benefits for safety, mobility,
and sustainability.
In January 2014, SAE International
(SAE) published Standard J3016,
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24437
‘‘Taxonomy and Definitions for Terms
Related to On-Road Motor Vehicle
Automated Driving Systems’’ to
simplify communication and facilitate
collaboration within the technical and
policy communities for automated
driving. The Standard defines more than
a dozen key terms and provides full
descriptions and examples for each of
six levels of driving automation. The
SAE definitions divide vehicles into
levels based on ‘‘who does what,
when.’’ Generally:
• At SAE Level 0, the human driver
does everything.
• At SAE Level 1, an automated
system on the vehicle can sometimes
assist the human driver conduct some
parts of the driving task.
• At SAE Level 2, an automated
system on the vehicle can actually
conduct some parts of the driving task,
while the human continues to monitor
the driving environment and performs
the rest of the driving task.
• At SAE Level 3, an automated
system can both actually conduct some
parts of the driving task and monitor the
driving environment in some instances,
but the human driver must be ready to
take back control when the automated
system requests.
• At SAE Level 4, an automated
system can conduct the driving task and
monitor the driving environment, and
the human need not take back control,
but the automated system can operate
only in certain environments and under
certain conditions.
• At SAE Level 5, the automated
system can perform all driving tasks,
under all conditions that a human
driver could perform them.
Using the SAE levels described above,
there is a distinction between Levels 0–
2 and 3–5 based on whether the human
operator or the automated system is
primarily responsible for monitoring the
driving environment. The term ‘‘highly
automated vehicle’’ represents SAE
Levels 3–5 vehicles with automated
systems that are responsible for
monitoring the driving environment.
Public discussions regarding HACVs
have become much more prominent in
recent months as developers continue
efforts to demonstrate and test the
viability of advanced driver assistance
systems on large commercial vehicles.
FMCSA encourages the development of
these advanced safety technologies for
use on commercial vehicles and, at the
same time, recognizes the need to
ensure that testing and operation of
these advanced safety systems is
conducted in a manner that ensures the
highest level of safety for everyone
involved—and most importantly, for the
motoring public.
E:\FR\FM\26MYN1.SGM
26MYN1
]]>Agencies
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24434-24437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10766]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042; FMCSA-
2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014; FMCSA-
2014-0015]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions of 149
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
June 26, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2009-0322; FMCSA-
2010-0051; FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-
2014-0013; FMCSA-2014-0014; FMCSA-2014-0015 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., e.t., 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., e.t., 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: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. 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
[[Page 24435]]
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the 2-year period. The 149 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.
II. Exemption Decision
This notice addresses 149 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 149 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.
III. 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 May and are
discussed below.
As of May 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, David G. Stookey (WA) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (79 FR 10612; 79 FR 27685).
The driver was included in docket No. FMCSA-2014-0012. The
exemption is effective as of May 8, 2016, and will expire on May 8,
2018.
As of May 11, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (77 FR 17111; 77 FR
27841):
John G. Hager, Jr. (NJ)
Charles C. Karver (MN)
Benjamin Kimbrough (KS)
Jeffery J. Lawrie (OH)
Raymond Pittman, Jr. (IL)
Daniel J. Russell (OH)
Donald L. Russell, Jr. (MD)
Robert J. Smith (PA)
Robert J. Socha (NE)
Thomas C. Torbett (MO)
The drivers were included in docket No. FMCSA-2012-0042. Their
exemptions are effective as of May 11, 2016 and will expire on May 11,
2018.
As of May 14, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 2785; 79 FR
10612):
Aaron C. Bogle (OH)
Todd L. Brandt (IL)
Dean G. Brekhus (ND)
Angie M. Carrington (IL)
David A. Cavan (MA)
David A. Charles (OH)
James A. Davis (IL)
Samuel J. Desmond (RI)
Mark C. Durler (KS)
John F. Fedorchak, Jr. (PA)
Derek W. Frazier (IA)
Michael G. Haugen (WI)
Timothy S. Hinkhouse (NE)
Gregg W. Isherwood (ME)
James A. Lagunas (AZ)
Douglas R. Lane (NY)
Jonathan W. Luebke (WI)
Brion T. Maguire (PA)
Jacob R. Martin (MO)
John C. May (NE)
Daryl J. Millard (WA)
Slobodan Pavlovich (WA)
Darryl W. Peppers (IN)
Bradley S. Pletcher (PA)
Hank D. Rose, Jr. (NC)
Joshua R. Wiery (OH)
The drivers were included in docket No. FMCSA-2014-0012. Their
exemptions are effective as of May 14, 2016, and will expire on May 14,
2018.
As of May 16, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 29 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 14579; 79 FR
28590):
Schylor M. Altenhofen (IA)
Don R. Anderson III (IN)
Thomas A. Barnes (MI)
Alvin L. Carpenter (MT)
Richard J. D'Ambrosia (NY)
Jefferey F. Deame (MA)
Keith M. Dickerson (WI)
Carl A. Federighi (CA)
Bradley J. Frazier (IL)
Carl R. Gentry (WA)
Robert M. Hutchison (NY)
Craig A. Keese, Jr. (NY)
Amos L. Lapp (PA)
Edward J. Lulay (IL)
Donald S. Middleton (MO)
Alva D. Moffatt (WA)
John M. Muske (MN)
Stephen R. Newlin (IL)
Antonio Pepiciello (NY)
David R. Petitt (WA)
James K. Popp (MN)
Dustin P. Russell (PA)
Sean L. Shidell (WI)
Randall L. Shultz (MO)
Kenneth R. Soult (OH)
Chad B. Spidell (PA)
Cameron M. Sprinkle (IN)
Douglas E. Stewart (MS)
Thomas L. Williams (MN)
The drivers were included in docket No. FMCSA-2014-0013. Their
exemptions are effective as of May 16, 2016, and will expire on May 16,
2018.
As of May 17, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 30 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 13647; 75 FR
27616; 77 FR 18302; 77 FR 29446):
Mark S. Boettcher (MN)
Steven C. Boudreau (MA)
Roy L. Brokaw (WI)
Chris D. Chambers (LA)
Charles A. Cinert, Sr. (IL)
Dale J. Cleaver (PA)
James H. Collins (FL)
Bert R. Duncan II (UT)
Lance L. Fuller (MN)
Johnny Gardner, Jr. (SC)
Mark D. Golden (MI)
Nathaniel W. Gorham (IN)
[[Page 24436]]
DeVere E. Hansen (UT)
Grant C. Huftalin (IA)
Steven M. Janczak (WI)
Sheldon R. Koehn (KS)
Jason R. Kropp (OK)
James W. McClintock, III (AR)
Adolfo Moreno, Jr. (WA)
John W. Morrison (CA)
Bruce V. Oppegard (MN)
Steven G. Petersen (MN)
Damian J. Porter (NY)
David L. Rice (ME)
Wayne F. Richards (PA)
Gary G. Sironen (MT)
Rodney L. Stoltenberg (IA)
Wade D. Street (MT)
Charles M. Sweat (VA)
Stanley C. Tarvidas (IL)
The drivers were included in one of the following docket Nos:
FMCSA-2009-0322; FMCSA-2012-0043. Their exemptions are effective as of
May 17, 2016, and will expire on May 17, 2018.
As of May 21, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 52 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 14652; 75 FR
28684; 79 FR 18400; 79 FR 29262):
Douglas L. Atkins (GA)
Bradley E. Bradshaw (NC)
Phillip W. Bulen (ID)
Robert L. Buol (IA)
Carlos V. Candelaria (NM)
Suellen M. Civiello (ME)
Michael T. Clements (WI)
Daniel G. Conery (NJ)
John A. Conness (MO)
James R. Crawford (WA)
Alan Curtis (UT)
David P. Dengate (PA)
Alan D. Ekberg (NE)
Richard A. Flieth (ND)
Neil G. Ford (PA)
Alden J. Haskins, Sr. (MD)
James Herrada (NE)
Gary W. Hochstein (MN)
Harold D. Hoggard II (PA)
Terry L. Horn (NC)
Wayne L. Hurley (MD)
Gerald A. Johnson (WI)
Frank J. Katzbeck (IL)
Frank T. Katzele (WI)
Cory M. Kobernick (KY)
Thomas G. Lamberton (WA)
Lee H. Lewis (PA)
James K. Libke (IN)
Gordon E. Lindley (WY)
Edwin J. Ludwig (OH)
Edwin H. Maranville (OR)
Joseph R. Marcelewski (OH)
Douglas J. Murray (NY)
David R. Norton (OH)
Eugene P. OQuendo (MA)
Curtis J. Pitt (OR)
Larry J. Reese (PA)
William O. Ruiz III (AZ)
James P. Rushing, Jr. (VA)
Harold D. Russman (SD)
Hector M. Sanchez (NM)
Scott W. Shindledecker (IN)
Shirliann F. Skroch (NV)
Ross L. Smith, Sr. (NJ)
Thomas G. Sosnoski (FL)
Christopher Starghill (DC)
Richard L. Stark (OH)
Philip E. Stegeman (ID)
Kevin L. Upmann (IL)
Brandon L. Weaver (PA)
Matthew G. Williams (KY)
Michael B. Wilson (OH)
The drivers were included in one of the following docket Nos:
FMCSA-2010-0051; FMCSA-2014-0014. Their exemptions are effective as of
May 21, 2016, and will expire on May 21, 2018.
As of May 23, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, Derald E. Moenning (NE) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855).
The driver was included in docket No. FMCSA-2014-0015. The
exemption is effective as of May 23, 2016, and will expire on May 23,
2018.
Each of the 149 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
149 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-2009-0322; FMCSA-2010-0051; FMCSA-
2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-
2014-0014; FMCSA-2014-0015.
IV. 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 June 26, 2017.
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 149 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.
V. 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 search box insert the docket numbers FMCSA-2009-0322; FMCSA-
2010-0051; FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-
2014-0013; FMCSA-2014-0014; FMCSA-2014-0015 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
[[Page 24437]]
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. FMCSA may issue a final determination at any time after
the close of the comment period.
VI. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042;
FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014;
FMCSA-2014-0015 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to this
notice.
Issued on: May 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10766 Filed 5-25-17; 8:45 am]
BILLING CODE 4910-EX-P
