[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9867-9868]
[FR Doc No: 2011-3898]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0427]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt fifteen individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective February 22, 2011. The exemptions
expire on February 22, 2013.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

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., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's 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, or other
entity). 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), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On January 10, 2011, FMCSA published a notice of receipt of Federal
diabetes exemption applications from fifteen individuals and requested
comments from the public (76 FR 1496). The public comment period closed
on February 9, 2011 and one comment was received.
    FMCSA has evaluated the eligibility of the fifteen 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).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard 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
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 fifteen 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 (2 or more) severe hypoglycemic episodes in the past 5 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 standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the January 10, 2010, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it had
reviewed the driving records for Vincent J. Laird and are in favor of
granting him a Federal diabetes exemption.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard 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 the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

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 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 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 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.

Conclusion

    Based upon its evaluation of the fifteen exemption applications,
FMCSA exempts, Alvin H. Banghart, Neal S. Faulkner, Stephen D. Ford,
Jason J. Hamilton, Robert D. Hamrick, Harlan L. Janssen, Vincent J.
Laird, Steven J. Lefebvre, Mitchell J. Moore, James R. Parker, Charles
C. Quast, James E. Steele, Kole B. Stevens, Timothy D. Swanson and
Raymond E. Williams from the ITDM standard in 49 CFR 391.41(b)(3),
subject to the conditions listed under ``Conditions and Requirements''
above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (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: February 14, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-3898 Filed 2-18-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2910-2912]
[FR Doc No: 2018-00883]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0964]
RIN 1625-AA00

Safety Zone; Oregon Inlet, Dare County, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Oregon Inlet in Dare County, North Carolina in
support of construction of the new Herbert C. Bonner Bridge. This
temporary safety zone is intended to protect mariners, vessels, and
construction crews from the hazards associated with installing the
navigation span, and will restrict vessel traffic from the bridge's
navigation span as it is under construction by preventing vessel
traffic on a portion of Oregon Inlet. Entry of vessels or persons into
this safety zone is prohibited.

DATES: This rule is effective from January 29, 2018, through March 24,
2018, with alternate dates of March 25, 2018, through May 6, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0964 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Matthew Tyson, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On October 10, 2017, the North Carolina Department of
Transportation notified the Coast Guard that they will be installing
the navigation span of the new Herbert C. Bonner Bridge in Oregon Inlet
in Dare County, North Carolina on January 29 through March 24, 2018,
with alternate dates of March 25 through May 6, 2018. The construction
will take place over an estimated 33 days during this period. In
response, on December 5, 2017, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Oregon Inlet, Dare
County, NC (82 FR 57413). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 20,
2017, we received 5 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed
protect persons, vessels, and the marine environment on the navigable
waters in Oregon Inlet during this construction phase. A Notice of
Proposed Rulemaking was published in order to inform the public and
solicit comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP North Carolina has determined that potential safety
hazards associated with the construction would be a concern for anyone
transiting the Oregon Inlet navigation channel. The purpose of this
rule is to protect persons, vessels, and the marine environment on the
navigable waters in Oregon Inlet during this construction phase.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 5 comments on our NPRM published
December 5, 2017. Most of the submissions were not relevant to this
rulemaking.
    The first comment inquired about the benefits of the new bridge
construction and its impact on the human environment. This rule
pertains only to the creation of a safety zone for the navigation span
construction phase and not the entire bridge construction project. The
environmental impact analysis and other regulatory analyses for this
rule are based only on the creation of this safety zone. This safety
zone is necessary to protect persons, vessels, and the marine
environment on the navigable waters in Oregon Inlet during this
construction phase. The impact on the human environment is considered
not significant because the closure is only for a two hour period on
each construction day and the safety zone will not be active until
after the normal morning traffic typically transits and will end before
the evening traffic typically transits.
    The second comment mentioned bridge safety and its obstruction to
the waterway. This comment is outside the scope of this rulemaking
dealing with the establishment of a safety zone. However, the Coast
Guard would like to take this opportunity to state that this bridge
will have the same horizontal clearance of the original Bonner Bridge.
The new bridge is also designed with multiple spans that can be used if
the waterway conditions change due to shoaling.

    The third comment thanks the Coast Guard for a clear summary of the
safety zone and includes commentary not related to the safety zone.
    The fourth comment refers to the Unfunded Mandates Act analysis.
The comment does not appear to refer specifically to this safety zone.
The Unfunded Mandates Act was reviewed during the rulemaking process
and is discussed in Section V of this rule.
    The dates in the regulatory text of this rule have changed from the
proposed rule in the NPRM.
    The Coast Guard is establishing a safety zone to be enforced from
January 29 through March 24, 2018, with alternate dates of March 25
through May 6, 2018. Construction is expected to take place on 33
separate days during this period. The safety zone will be active for 2
hours each of those days, with the exact times announced via Broadcast
Notices to Mariners at least 48 hours prior to enforcement. The safety
zone will include all navigable waters of Oregon Inlet from approximate
position 35[deg]46'23'' N, 75[deg]32'18'' W, thence southeast to
35[deg]46'18'' N, 75[deg]32'12'' W, thence southwest to 35[deg]46'16''
N, 75[deg]32'16'' W, thence northwest to 35[deg]46'20'' N,
75[deg]32'23'' W, thence northeast back to the point of origin, (NAD
1983). This zone is intended to protect persons, vessels, and the
marine environment on the navigable waters in Oregon Inlet during this
construction phase. No vessel or person will be permitted to enter the
safety zone during the designated times.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the proposed safety zone. Vessel traffic will
not be allowed to enter or transit a portion of Oregon Inlet during
specific two hour periods on 33 separate days from January 29 through
March 24, 2018, with alternate dates of March 25 through May 6, 2018.
The specific 2 hour period for each work day will be broadcast at least
48 hours in advance and vessels will be able to transit Oregon Inlet at
all other times. The Coast Guard will issue a Local Notice to Mariners
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel
16 regarding the safety zone. This portion of Oregon Inlet has been
determined to be a medium to low traffic area at this time of the year.
This rule does not allow vessels to request permission to enter the
safety zone covering the Oregon Inlet navigation channel during the
designated times.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security

Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a safety zone lasting for 2 hours
on 33 separate days that would prohibit entry into a portion of Oregon
Inlet for bridge construction. It is categorically excluded from
further review under paragraph L60 (a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0964 to read as follows:

Sec.  165.T05-0964   Safety Zone; Oregon Inlet, Dare County, NC.

    (a) Location. The following area is a safety zone: all navigable
waters of Oregon Inlet, from approximate position 35[deg]46'23'' N,
75[deg]32'18'' W, thence southeast to 35[deg]46'18'' N, 75[deg]32'12''
W, thence southwest to 35[deg]46'16'' N, 75[deg]32'16'' W, thence
northwest to 35[deg]46'20'' N, 75[deg]32'23'' W, thence northeast back
to the point of origin (NAD 1983) in Dare County, NC.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
    Captain of the Port means the Commander, Sector North Carolina.
    Construction crews means persons and vessels involved in support of
construction.
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the area described in paragraph (a) of this
section.
    (2) With the exception of construction crews, entry into or
remaining in this safety zone is prohibited.
    (3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
    (4) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This regulation will be enforced from
January 29, 2018, through March 24, 2018, with alternate dates of March
25, 2018, through May 6, 2018.
    (f) Public notification. The Coast Guard will notify the public of
the specific two hour closures at least 48 hours in advance by
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.

    Dated: January 8, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00883 Filed 1-19-18; 8:45 am]
 BILLING CODE 9110-04-P