[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84675-84677]
[FR Doc No: 2016-28216]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242;
FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187;
FMCSA-2013-0190]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions of 133
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>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<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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., 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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On November 27, 2015, FMCSA published a notice announcing its
decision to renew exemptions for 133 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate
a CMV in interstate commerce and requested comments from the public (80
FR 74196). The public comment period ended on December 28, 2015 and no
comments were received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions 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).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 133 renewal exemption applications
and that no comments were received, FMCSA confirms its decision to
exempt the following drivers from the rule prohibiting drivers with
ITDM from driving CMVs in interstate commerce in 49 CFR 391.64(3):
    As of December 1, 2015, 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 (74 FR 48338; 74 FR
62883; 80 FR 74196):

Charles E. Boyd (NE)
Warren B. Copple, Jr. (MI)
Hernan Hernandez (CT)
Jeffrey E. Kiehl (MI)
Jesus G. Maesse (TX)
Jackson R. Olive (NY)
Thomas N. Pico (PA)
Paul Ramirez (OK)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in Docket No. FMCSA-2009-0242. Their
exemptions are effective as of December 1, 2015, and will expire on
December 1, 2017.
    As of December 10, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 7 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (73 FR 63042; 73 FR
75163; 80 FR 74196):

Herschel J. Crawford (AK)
James E. Gaines (NJ)
Allan D. Gralapp (IA)
Scott L. Halm (OH)
Jason P. Smith (GA)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in Docket No. FMCSA-2008-0293. Their
exemptions are effective as of December 10, 2015, and will expire on
December 10, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 60 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (78 FR 63298; 78 FR
76397; 80 FR 74196):

James L. Barnes (GA)
Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael L. Collins (WA)
Thomas S. Crawford (NY)
Stephen A. Cronin (FL)
Steven M. Dent (IA)
John S. Duvall (PA)
Robert S. Engel (IN)
Steven M. Ference (CT)
David W. Foster (TN)
Francis M. Garlach III (PA)
Allen D. Goddard (MO)
Brian L. Gregory (IL)
Alfonso Grijalva (CA)
Jason E. Jacobus (KY)
Bobby H. Johnson (GA)
Isadore Johnson Jr. (NY)
Jerry D. Joseph (OH)
Neal S. Kassebaum (TN)
Ervin A. Klocko, Jr.
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
Kenneth B. Maynard, Jr. (NH)
Mike C. McDowell (TX)
Charles B. McKay (FL)
Norman C. Mertz (PA)
Travis F. Moon (GA)
Ronald Mooney (ID)
Martin J. Mostyn (OH)
Floyd P. Murray, Jr. (UT)
Steven D. Nowakowski (MD)
Gary D. Peters (NE)
Mark A. Pille (IA)
Stephen Plesz (CT)
Glen E. Pozernick (ID)
Jody R. Prause (MI)
Walter A. Przewrocki, Jr. (PA)
Andrew Quaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (PA)
Francis J. Schultz (PA)
Gary A. Sjokvist (ND)
Gary L. Snelling (AL)
Charles W. Sterling (WA)
Thomas L. Stoudnour (PA)
Matthew S. Thompson (PA)
Robin S. Travis (CO)
Richard A. Treadwell (PA)
James R. Troutman (PA)
William R. Van Gog (WA)
Charles S. Watson (IL)
William E. Wyant III (IA)
Mark A. Yurian (MT)
David M. Zanicky (PA)

    The drivers were included in Docket No. FMCSA-2013-0187. Their
exemptions are effective as of December 17, 2015, and will expire on
December 17, 2017.
    As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 27 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (72 FR 62514; 72 FR
71996; 76 FR 64165; 76 FR 78718; 80 FR 74196):

Robin R. Baumgartner (WI)
Joseph K. Beasley (GA)
Toni A. Brown (AR)

Glenn W. Burke (NY)
David P. Charest (FL)
Charles Demesmin (NJ)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
Frederick E. Dyer (MA)
Donald N. Ellis (IN)
Tim E. Holmberg (WI)
Russell D. Jordan (ND)
Warren D. Knabe (NE)
Jackie L. Lane (TX)
Dennis L. Lorenz (IN)
Robert J. Malone (NJ)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew P. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)
Randy J. Voss (IL)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OR)

    The drivers were included in Docket No. FMCSA-2007-29035; FMCSA-
2011-0277. Their exemptions are effective as of December 19, 2015 and
will expire on December 19, 2017.
    As of December 22, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (76 FR 66120; 76 FR
79759; 80 FR 74196):

Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)

    The drivers were included in Docket No. FMCSA-2011-0278. Their
exemptions are effective as of December 22, 2015, and will expire on
December 22, 2017.
    As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 17 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (78 FR 64267; 78 FR
77784; 80 FR 74196):

John D. Clark (NJ)
David S. Monroe (KS)
William I. Harbolt (MT)
Mark G. Kahler (TX)
Larry W. Hines (NM)
Theeir L. Coleman (VA)
Michael W. McCrary (GA)
Jerry D. Zimmerman (ND)
James S. Tracy (ID)
John Baltich (PA)
Donald A. Spivey (TN)
Thomas B. Quirk (CT)
Steven M. Oliver (AZ)
Sean T. McMahon (WI)
David G. Shultz (PA)
Ryan L. Harrier (MI)
John E. Parker (KS)

    The drivers were included in Docket No. FMCSA-2013-0184. Their
exemptions are effective as of December 24, 2015, and will expire on
December 24, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual, Gary L. Crawford (OH), has
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting drivers with ITDM from driving CMVs in interstate
commerce (78 FR 65034; 79 FR 3917; 80 FR 74196).
    The driver was included in Docket No. FMCSA-2013-0190. The
exemption is effective as of December 31, 2015, and will expire on
December 31, 2017.
    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: November 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-28216 Filed 11-22-16; 8:45 am]
 BILLING CODE 4910-EX-P


Costs to All States for labor related to UCMR implementation and oversight
$313,317
$274,447
$0
$587,763
$195,921
Labor burden for all States for UCMR implementation and oversight
5,371 5,295
0
10,666 3,555
1. All costs are attributed to labor and are estimated over the period 2007-2009.
Exhibit 10b: Per State (Respondent) and Per Response UCMR Costs (2010-2012)
(corresponds with Exhibit B-2b)
Burden / Cost
Total over 2010-2012
Annual Average
over 2010-2012
PER RESPONDENT:
Labor Cost
$10,496
$3,499
Non-Labor Cost
$0
$0
Burden (labor hours)
190.5
63.5
PER RESPONSE:
Number Responses per Respondent
1
2.0
0.7
Labor Cost per Response
$5,248
$1,749
Non-Labor Cost per Response
$0
$0
Burden (labor hours) per Response
95.2
31.7
1. States are assumed to have 1 response per year during the UCMR 2 cycle of 2007-2011, since there are no
specific cyclical State reporting requirements under the UCMR program.
6(c)
Estimating Agency Burden and Cost
EPA will incur burden and costs related to UCMR implementation activities, including:
regulatory support activities; national and regional oversight and data analysis; and the small
system testing program. These activities are described in detail in section 5(a), Part A of this ICR
document. Labor and contractual costs are estimated using the federal government general
schedule (GS) pay scale; assuming a labor level of GS 13, step 5, and taken from the
Maryland/District of Columbia rate schedule during the first quarter of 2006 (see the U.S. Office
of Personnel Management Web site: www.opm.gov). With these assumptions, labor and
contractor rates were determined to be $69.46 per hour, based on a 2,080 hour work year, with a

Information Collection Request for UCMR 2
November 2009
36
$87,664 annual salary plus a 3 percent inflation factor for 2007 salaries, and 60 percent
overhead. Additional cost assumptions are described below in sections 6(c)(i)-(iii), Part A of this
ICR document. Cost and burden estimates are presented in Exhibits 11a and 11b, respectively.
6(c)(i) Regulatory Support Activities
Regulatory support activities include the labor and non-labor costs for laboratory
approval process and QA/QC activities; and general technical support and guidance documents.
Cost and burden assumptions for these activities are as follows:
Laboratory Approvals and QA/QC Activities: EPA incurs various labor or contractor
costs related to the laboratory PT/approvals; laboratory QA/QC; and provision of
analytical standards, as follows:
•
Laboratory approval (PT program) is estimated to have cost EPA $200,000 prior to the
beginning of monitoring. Cost estimates from best professional judgment were based on
costs realized by the Agency for prior similar activities. Costs for the PT program were
included within the 2007 costs to reflect the costs of the UCMR 2 program. Though not
relevant to the applicable ICR period of 2010-2012, these costs are included in Appendix
B, which presents costs for the entire UCMR 2 cycle (2007-2011).
•
QC Audits of contract laboratories to occur throughout active UCMR monitoring. Labor
(hours) for each trip includes: a 3-day site inspection (for 2 individuals); 1 full-day travel
for 2 individuals (assume 2 half days); and 3 days of report writing (for 1 individual),
which includes review and response to laboratory comments. Travel costs for 2
individuals include: $500 round trip flight, 3 nights hotel stay, 2 full day food per diem,
and 2 days at the proportional meals rate from the 2006 Federal rate for the Continental
U.S. (from the U.S. Government Services Administration Web site: http://www.gsa.gov).
Also included is $150 for rental of one car for both travelers. It is estimated that these QC
audits will take place 4 times each year, at an estimated $7,896 per trip (only applicable
in to this ICR period during 2010).
•
Analytical standards provision and coordination is estimated to cost EPA $600,000 total
for three ICR years (or $200,000 per full year of monitoring). Cost estimates from best
professional judgment are based on costs realized by the Agency for prior similar
activities (only applicable in to this ICR period during 2010).
Technical Support/Guidance Document Development: These activities are estimated to
cost EPA $150,000 total over the ICR period; including costs for developing and
distributing guidance for laboratories that will participate in UCMR 2 testing; health
effects fact sheets; and other pertinent guidance related to UCMR 2 implementation.
These activities took place in the previous UCMR 2 ICR period of 2007-2009, and thus
are not applicable to this ICR period (2010-2012). However, these costs are included in
Appendix B, which presents costs for the entire UCMR 2 cycle (2007-2011) . Cost
estimates from best professional judgment are based on costs realized by the Agency for
prior similar activities.

Information Collection Request for UCMR 2
November 2009
37
6(c)(ii) National and Regional Oversight and Data Analysis
EPA activities include data analysis, management oversight, and support at both the
regional and national level for assistance to States with UCMR implementation. During the core
period of UCMR 2 activity (2008-2010), EPA estimates that it will dedicate 5.5 FTEs each year
to program oversight and data analysis. For 2007, when preparation for monitoring began, EPA
estimated that only half as many FTEs were needed. During 2011, scheduled monitoring will be
complete, thus, only data analysis and some follow-up activities will take place. Similar to 2007
level of activity, EPA estimates that during 2011 approximately half of the 5.5 core-year FTEs
will be needed; or approximately 2.75 FTEs. Note that this final year of data analysis was not
included in the previous UCMR 2 ICR estimations. These activities are estimated as labor cost
and burden to the Agency (see the corresponding description of these activities in section
5(a)(ii), Part A of this ICR document). These activities are estimated to cost EPA $1.19 million
in total over the three-year ICR period of 2010-2012.
6(c)(iii) Costs for Small System Testing Program
EPA provides logistical support for the small system testing program. This activity
includes costs for contractual labor and sampling supplies, and is estimated at $400 per sampling
event per sampling site, based on actual costs incurred during UCMR 1 for this same activity.
These activities are estimated to cost EPA $1.16 million in total over the three ICR years of
2010-2012.
The single largest cost to EPA for implementation of UCMR is for small system sample
analyses. EPA pays for small system sample analyses and shipping for Assessment Monitoring
and Screening Survey. EPA also pays for quality control duplicates for 10 percent of all samples.
As estimated for large systems, shipping fees were calculated per required sample
(accounting for both the representative EPTDS allowance, and the additional DSMRT samples,
as described above in section 6(a)(ii), Part A of this ICR document). To address public
comments to the proposed rule ICR, EPA revisited key shipping company pricing lists to ensure
that shipping cost assumptions were as accurate and current as possible. Estimated shipping costs
were based on the average cost of shipping a 15-pound package overnight; plus a ground
shipment of the empty package which is sent to the PWSs prior to their required sampling.
Specifically, EPA approximated that, for each sampling point, a package of empty sample bottles
is shipped via ground transportation to the system; estimated at $7.50 per package. Following
sample collection, the system sends the package with full bottles via overnight air back to the
laboratory. To estimate the cost of this overnight shipment, EPA applied the approximate cost of
shipping a 15-pound package across an average number of shipping zones at $68.50. For small
systems, shipping includes the cost for one extra ground trip, for sending the empty bottles from
the laboratory to the sampling coordinator, so that the sampling kit can be reused. Thus, shipping
cost for a small PWS is estimated at $83.50 per sample set.
These analytical and shipping fees are estimated to cost EPA $1.8 million in total over
the three ICR years of 2010-2012. See Exhibit 7, in section 6(a)(ii), Part A of this ICR document,
for assumptions regarding applicable laboratory fees for individual methods. Total costs that
EPA will incur for the small system testing program were calculated by multiplying the
laboratory and shipping fees by: (number of systems) times (number of sampling periods per

Information Collection Request for UCMR 2
November 2009
38
year (including an additional 10 percent QA samples)) times (number of sampling points per
system).
6(c)(iv) Estimated Agency Cost and Burden
The EPA cost for the UCMR 2 program during the ICR period of 2010-2012 is estimated
to be $4.43 million (with annual average cost over the ICR period of $1.48 million). EPA costs
for UCMR implementation are shown in Exhibit 11a; average annual labor and non-labor costs,
as well as small system testing program costs are shown in Exhibit 11b. Appendix B, Exhibits B-
3a and B-3b provide analogous information over the five-year UCMR 2 implementation period
2007-2011.
Exhibit 11a: Yearly Cost to EPA for UCMR Implementation, by Type of Cost (2010-2012)
(corresponds with Exhibit B-3a)
Cost Description
2010
2011
2012
Total
Average

Regulatory Support Activities: laboratory proficiency testing; QC audits; analytical standards provision; and
technical support, guidance document development (non-labor costs)
Lab PT
$0 $0
$0
$0  $0

QC Audits
$31,582
$0
$0
$31,582  $10,527

Analytical Standards
$200,000
$0
$0
$200,000
$66,667

Technical Support
$0 $0
$0
$0  $0

Subtotal –
Regulatory Support
$231,582
$0
$0
$231,582
$77,194

National and Regional Oversight and Data Analysis: UCMR management oversight; review and evaluation of
data from Assessment Monitoring (labor costs)
$794,622
$397,311
$0
$1,191,934
$397,311


[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Notices]
[Page 13639]
[DOCID:fr16mr06-84]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

    Upon written request, copies available from: Securities and
Exchange Commission, Office of Filings and Information Services,
Washington, DC 20549.
    Regulation AC; SEC File No. 270-517; OMB Control No. 3235-0575.
    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for approval of the previously approved collection
of information discussed below.
     Regulation Analyst Certification (Regulation AC)
    Regulation Analyst Certification under the Securities Exchange Act
of 1934 requires that any research report disseminated by broker,
dealer, or person associated with a broker or dealer, include
certifications by the research analyst that the views expressed in the
research report accurately reflect the analyst's personal views, and
whether the analyst received compensation in connection with his or her
specific recommendations or views. A research analyst would also be
required to provide certifications and disclosures in connection with
public appearances. Although research analysts are often viewed by
investors as experts and as important sources of information about the
securities and companies they cover, many factors can create pressure
on their independence and objectivity. By requiring these
certifications and disclosures, Regulation AC should promote the
integrity of research reports and investor confidence in the
recommendations contained in those reports. Commission estimates that
Regulation AC would result in a total annual time burden of
approximately 11,296 hours (10,950 hours to comply with research report
requirements + 346 hours to comply with public appearance
requirements).
    The collections of information under Regulation AC are necessary
for covered persons to obtain certain benefits or to comply with
certain requirements. The collections of information are necessary to
provide investors with information with which to determine the value of
the research available to them. The Commission may review this
information during periodic examinations or with respect to
investigations. Covered persons must also promptly provide copies of
statements that the analyst is unable to provide the certifications in
connection with public appearances to its examining authority,
designated pursuant to Section 17(d) of the Securities Exchange Act of
1934 and Rule 17d-2 thereunder. Further, broker-dealers must keep and
maintain these records pursuant to Rule 17a-4(b)(4).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the agency displays a
valid OMB control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Office of Information Technology, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments
must be submitted to OMB within 30 days of this notice.

     March 8, 2006.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-3805 Filed 3-15-06; 8:45 am]

BILLING CODE 8010-01-P