60-day Comment Federal Register Notice

PRA-2126-0008-60dayFR.PUB.121312.pdf

Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property

60-day Comment Federal Register Notice

OMB: 2126-0008

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74270

Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices

the request for OMB’s clearance of this
information collection.
Issued on: December 7, 2012.
Kelly Leone,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2012–30148 Filed 12–12–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0379]

Agency Information Collection
Activities; Revision of a CurrentlyApproved Information Collection
Request: Financial Responsibility for
Motor Carriers of Passengers and
Motor Carriers of Property
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)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. The information collected
will be used to help ensure that motor
carriers of passengers and property
maintain appropriate levels of financial
responsibility to operate on public
highways.

SUMMARY:

We must receive your comments
on or before February 11, 2013.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2012–0379 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 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.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,

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see the Public Participation heading
below. Note that all comments received
will be posted without change to
http://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms.
Tura Gatling and Gerald Folsom, Ph.D.,
Office of Registration and Safety
Information, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–385–2405/2412; email
[email protected] and
[email protected].
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimal levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage and
environment restoration, and (2) for-hire
motor carriers of passengers to cover
public liability and property damage.
The Endorsement for Motor Carrier
Policies of Insurance for Public Liability
(Forms MCS–90/90B) and the Motor

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Carrier Public Liability Surety Bond
(Forms MCS–82/82B) contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (motor carriers of property—
49 CFR 387.9; and motor carrier of
passengers—49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
enclosed within these documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Insurance and surety
companies of motor carriers of property
(Forms MCS–90 and MCS–82) and
motor carriers of passengers (Forms
MCS–90B and MCS–82B).
Estimated Number of Respondents:
6,074.
Estimated Time per Response: The
FMCSA estimates it takes two minutes
to complete the Endorsement for Motor
Carrier Policies of Insurances for Public
Liability or three minutes for the Motor
Carrier Public Liability Surety Bond;
and one minute to place either
document on board the vehicle (foreigndomiciled motor carriers only) [49 CFR
387.7(f)]. These endorsements are
maintained at the motor carrier’s
principal place of business [49 CFR
387.7 (iii) (d)].
Expiration Date: March 31, 2013.
Frequency of Response: Upon
creation, change or replacement of an
insurance policy or surety bond.
Estimated Total Annual Burden:
4,480 hours [(3,874 annual burden
hours for Form MCS–90B, Form MCS–
90, Form MCS–82B and Form MCS–82)
+ (606 annual burden hours for placing
legible copies of the carrier’s Insurance
Endorsements or Surety Bonds in the
cabs of all vehicles operated in the
United States) = 4,480].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected

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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: December 7, 2012.
Kelly Leone,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2012–30146 Filed 12–12–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0349]

Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemption from the diabetes mellitus
requirement; request for comments.
AGENCY:

FMCSA announces receipt of
applications from 12 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.

SUMMARY:

Comments must be received on
or before January 14, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0349 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: 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 numbers for this notice. Note
that all comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided. Please

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see the Privacy Act heading below for
further information.
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 FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.
FOR FURTHER INFORMATION CONTACT:

Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:

Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 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 12 individuals listed in this
notice have recently requested such an
exemption from the diabetes prohibition
in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by the statutes.

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Qualifications of Applicants
Dennis W. Baseman
Mr. Baseman, 73, has had ITDM since
2004. His endocrinologist examined him
in 2012 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Baseman understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Baseman meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Minnesota.
Kathy L. Brown
Ms. Brown, 60, has had ITDM since
1962. Her endocrinologist examined her
in 2012 and certified that she has had
no severe hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the last 5
years. Her endocrinologist certifies that
Ms. Brown understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Brown meets the vision requirements of
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2012
and certified that she has stable
proliferative diabetic retinopathy. She
holds a Class B CDL from Indiana.
Charles K. Eudy
Mr. Eudy, 55, has had ITDM since
1970. His endocrinologist examined him
in 2012 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Eudy understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Eudy meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist

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