Attachment H - 30-day FR (82 FR35027)

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: July 20, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–15830 Filed 7–26–17; 8:45 am]
BILLING CODE 4910–EX–P

electronic mail to oira_submission@
omb.eop.gov, or 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:
Vivian Oliver, Lead Transportation
Specialist, Office of Registration and
Safety Information, Department of
Transportation, Federal Motor Carrier
Safety Administration, 6th Floor, West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001.
Telephone: 202–366–2974. Email
Address: [email protected]. Office
hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0046]

Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Annual Report of Class I
Motor Carriers of Passengers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

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Background

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. On March 16,
2017, FMCSA published a Federal
Register notice announcing the renewal
of an information collection titled,
‘‘Annual Report of Class I Motor
Carriers of Passengers,’’ and FMCSA
received two comments.
DATES: Please send your comments by
August 28, 2017. 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–2017–0046. 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
SUMMARY:

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Title: Annual Report of Class I Motor
Carriers of Passengers.
OMB Control Number: 2126–0031.
Type of Request: Extension of a
currently-approved collection.
Respondents: Motor Carriers.
Estimated Number of Respondents:
408.
Estimated Time per Response: 18
minutes.
Expiration Date: October 31, 2017.
Frequency of Response: Annually.
Estimated Total Annual Burden: 122
hours (408 responses × 18 minutes per
response/60 = 122.4 rounded to 122).
Section 14123 of title 49 of the United
States Code (U.S.C.) requires that the
Secretary of Transportation collect
annual financial reports from certain
for-hire motor carriers of passengers. All
Class I for-hire motor carriers of
passengers, carriers with gross annual
operating revenues of $5 million or
more, are required to complete and file
a Motor Carrier Annual Report Form
MP–1 for Motor Carriers of Passengers
(Form MP–1). See 49 CFR 369.3(a) and
369.4(a). The Form MP–1 annual report
will be used to collect financial,
operating, equipment and employment
data from individual motor carriers of
passengers.
The data collected will be available to
users in its original form. The data are
not used by the Department of
Transportation, and, based on a
comment to a proposed rule finalized on
December 17, 2013 (78 FR 76241), the
data are no longer used by trucking
associations. Insurance companies,
consultants, law firms, academia, trade
publications and others may use the
data to assess industry growth and its
impact on the economy, to identify
industry changes that may affect

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35027

national transportation, and to monitor
company financial stability. The Bureau
of Economic Analysis (BEA) of the U.S.
Department of Commerce uses the data
to inform the national annual inputoutput and Gross Domestic Product
(GDP) estimates. BEA uses the data to
prepare estimates of industry output
and provide details on inputs to
supplement the information on motor
carriers of passengers collected by the
U.S. Census Bureau.
In response to the March 16, 2017 60day Federal Register notice (82 FR
14103), FMCSA received two comments
questioning why the Agency continues
to require the annual report filing by
Class I passenger motor vehicles,
despite FMCSA’s statement that the data
is not used by the Agency. FMCSA’s
response to the comments is 49 U.S.C.
14123 requires that the Agency collect
such annual financial reports.
Public Comments Invited: You are
asked to 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 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.
Issued under the authority delegated in 49
CFR 1.87 on: July 20, 2017.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2017–15834 Filed 7–26–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0036]

Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to exempt 49 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions were effective
on June 27, 2017. The exemptions
expire on June 27, 2019.
SUMMARY:

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35028

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., E.T., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m.
and 5 p.m., E.T., Monday through
Friday, except Federal holidays.
Privacy Act: 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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
II. Background
On May 26, 2017, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 49
individuals and requested comments
from the public (82 FR 24438). The
public comment period closed on June
26, 2017, and no comments were
received.
FMCSA has evaluated the eligibility
of the 49 applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(3).

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Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population. The diabetes rule
provides that ‘‘A person is physically
qualified to drive a commercial motor
vehicle if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring

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insulin for control’’ (49 CFR
391.41(b)(3)).
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 49 applicants have had ITDM
over a range of 1 to 33 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (two or more) severe
hypoglycemic episodes in the past five
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the May 26,
2017, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of

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the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within two 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
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; 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.
VI. Conclusion
Based upon its evaluation of the 49
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(3):
Craig L. Ambrose (GA)
Manuel R. Arciniega (NM)
Timothy D. Beardain (MS)
Tyler A. Benjamin (AL)
George Bonilla, Jr. (NY)
Stevenson Y. Brooks (GA)
Kevin J. Brown (WI)
Todd C. Burk (AK)
Roy L. Clark, Jr. (NJ)
Scott A. Conwell (IN)
Charles T. Dwyer (MI)
James C. Engle, Jr. (GA)
Adam T. Fitzgerald (LA)
Kevin R. Fowler (WA)
Michael L. Frutiger (OR)
Charles E. Hill (TN)
Galen L. Hoodenpyl (OR)
Robert J. Hughes (PA)
Michael A. Hunt (IA)
Travis P. James (KY)

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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
Vincent K. Johnson (DC)
Christopher A. King (NY)
Norman L. King (CA)
Harlan E. Kizer (OK)
Peter J. Klepp (ID)
Walter Kube, Jr. (NJ)
Brian J. Lascko (CT)
Samuel B. Layton (DE)
Lance J. Magnuson (NE)
Nicholas A. Marmolejo (NJ)
Lawrence F. McCarthy (MA)
Richard E. McGlashan (FL)
Bryan J. Meyer (WI)
Craig S. Meyer (MO)
Michael J. Miller (IL)
Elwin D. Ness (MN)
Perry L. Ofstad (WI)
Eddie L. Parsons (NC)
Joseph B. Patsch (CA)
Guillermo Ponce (IN)
David G. Reppert (PA)
Timothy L. Salter (AL)
David B. Sanders (MO)
Brandon J. Smith (NY)
Cody J. Swift (NJ)
Geoffrey K. Tarr (TN)
Jonathan L. Trieloff (WI)
Mark A. Williams (LA)
William E. Yoder (PA)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The person
fails to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315. If the exemption is
still effective at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: July 21, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–15838 Filed 7–26–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration

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[Docket No. FMCSA–2009–0155; FMCSA–
2011–0125; FMCSA–2011–0144; FMCSA–
2011–0145; FMCSA–2013–0019; FMCSA–
2013–0181; FMCSA–2015–0062; FMCSA–
2015–0063]

Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:

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FMCSA announces its
decision to renew the exemptions of 127
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 August 28, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2009–0155; FMCSA–2011–
0125; FMCSA–2011–0144; FMCSA–
2011–0145; FMCSA–2013–0019;
FMCSA–2013–0181; FMCSA–2015–
0062; FMCSA–2015–0063 using any of
the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and
5 p.m., 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 http://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., 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
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acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
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,
[email protected], 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., e.t., Monday through Friday,
except Federal holidays.
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
achieved absent such exemption.’’ The
statute also allows the Agency to renew
exemptions at the end of the 2-year
period. The 127 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 127 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 127 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

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