Attachment F: 30-day FR

PRA-2126-0030-30dayFR.PUB.052617.pdf

Hazardous Materials Safety Permits

Attachment F: 30-day FR

OMB: 2126-0030

Document [pdf]
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System
(CDLIS) for commercial driver’s license
(CDL) holders, and interstate and
intrastate inspections recorded in the
Motor Carrier Management Information
System (MCMIS). For non-CDL holders,
the Agency reviewed the driving records
from the State Driver’s Licensing
Agency (SDLA).
These 20 applicants have been
seizure-free over a range of 8 to 34 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last two years.
In each case, the applicant’s treating
physician verified his or her seizure
history and supports the ability to drive
commercially.
A summary of each applicant’s
seizure history was discussed in the
August 4, 2016 (81 FR 51538) Federal
Register notice and will not be repeated
in this notice.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy/seizure standard in 49
CFR 391.41(b)(8) is likely to achieve a
level of safety equal to that existing
without the exemption.
IV. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
two-year exemption period; (2) each
driver must submit annual reports from
their treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified Medical
Examiner, as defined by 49 CFR 390.5;
and (4) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file, or keep a copy
of his/her driver’s qualification file if
he/she is self-employed. The driver
must also have a copy of the exemption
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.

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V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 21
exemption applications, FMCSA
exempts the following 20 drivers from
the epilepsy/seizure standard, 49 CFR
391.41(b)(8), subject to the requirements
cited above:
Amoriello, Jason (WI)
Anderson, Mark (NC)
Bienstock, Jeffrey (AZ)
Bradford, Jeremy (AL)
Drion, Joseph (MD)
Elder, Kenneth (KY)
Farver, Steven (PA)
Foster, Richard (OK)
Green, Jeffrey (CA)
Harmon, Stephen (WV)
Horst, Donald (MD)
Hyster, Jordan (OH)
Koger, Christopher (PA)
Loney, Kyle (WA)
Mallory, Leigh (VT)
Rialson, Ashley (MN)
Sanabria, Gonzalin (FL)
Sica, David (CT)
Van DeMark, Raymond (NJ)
Youse, William (NC)
In accordance with 49 U.S.C.
31315(b)(1), each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The
individual 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: May 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–10770 Filed 5–25–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0359]

Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Hazardous Materials Safety
Permits
FMCSA, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

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24433

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. The FMCSA
requests approval to revise and extend
an existing ICR titled, ‘‘Hazardous
Materials Safety Permits.’’ This ICR
requires companies holding safety
permits to develop communications
plans that allow for the periodic
tracking of the shipments. A record of
the communications that includes the
time of the call and location of the
shipment 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 readily
available to the employees at the
company’s principal place of business.
FMCSA received no comments in
response to the 60-day Federal Register
Notice published on November 10,
2016.
DATES: Please send your comments by
June 26, 2017. OMB must receive your
comments by this date in order to act on
the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2016–0359. 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, 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: Mr.
Vincent Babich or Mr. Tyrone Gibbs,
Office of Enforcement and Compliance,
Hazardous Materials Division,
Department of Transportation, FMCSA,
West Building 6th Floor, 1200 New
Jersey Avenue SE., Washington, DC
20590. Telephone: 202–366–4871 or
202–366–1705; email vincent.babich@
dot.gov or tyrone.gibbs@dot.gov. Office
hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Hazardous Materials Safety
Permits.
SUMMARY:

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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
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,
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 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
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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