[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]
[Page 6247-6248]
[DOCID:fr01fe08-136]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2007-29286]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-nine 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 1, 2008. The exemptions
expire on February 1, 2010.

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 complete Privacy Act Statement in the

Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://DocketInfo.dot.gov.

Background

    On December 7, 2007, FMCSA published a notice of receipt of Federal
diabetes exemption applications from twenty-nine individuals, and
requested comments from the public (72 FR 69280). The public comment
period closed on January 7, 2008, and no comments were received.
    FMCSA has evaluated the eligibility of the twenty-nine 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 diabetic drivers 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 2003 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 twenty-nine applicants have had ITDM over a range of 1 to 41
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage their diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications.
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 7, 2007, Federal
Register Notice (72 FR 69280). Therefore, they will not be repeated in
this notice.

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 endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that 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 they are
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.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    There were no comments to the docket, therefore, based upon its
evaluation of the twenty-nine exemption applications, FMCSA exempts,
Douglas D. Aure, Bruce E. Bivins, Steven G. Boggs, Jessie L. Brock, II,
Francis C. Coryea, Challis J. Crismore, Colin M. Forer, Kevin D.
Hewston, Daniel C. Horvat, Richard L. Jarvi, David J. Jansen, Lawrence
A. Kibler, Richard H. Kruse, Dan A. McGee, Arthur J. Medrano, Florindo
G. Mercado, Brian D. Morin, Mark R. Perkins, Amy L. Polovino, William
H. Reinhart, Daniel J. Russell, Christopher C. Schuch, Timothy Short,
Wayne Skiles, Gregory B. Valentine, Sr., James J. Walsh, Uve J. Witsch,
Steven G. Woltman, and John T. Yocum 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: January 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-1886 Filed 1-31-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68252-68254]
[FR Doc No: 2021-26085]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0828; FRL-9300-01-OGC]

Proposed Settlement Agreement, Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's October 16, 2017, Directive Promoting Transparency and
Public Participation in Consent Decrees and Settlement Agreements,
notice is hereby given of a proposed consent decree to address several
claims in a lawsuit filed by Sierra Club, Center for Environmental Law
and Policy, and plaintiff-intervenor, the Spokane Tribe of Indians
(``Plaintiffs'') in the U.S. District Court for the Western District of
Washington. On October 21, 2011, the Plaintiffs Sierra Club and Center
for Environmental Law and Policy filed a complaint alleging, among
other things, that EPA failed to perform duties mandated by the Clean
Water Act (``CWA'') with respect to Total Maximum Daily Loads
(``TMDLs'') for segments of the Spokane River and adjacent water bodies
that were listed as impaired due to polychlorinated biphenyls
(``PCBs''). EPA seeks public input on the proposed consent decree prior
to its final decision-making to settle the litigation.

DATES: Written comments on the proposed consent decree must be received
by January 3, 2022.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2021-0828, online at www.regulations.gov (EPA's preferred method).
For comments submitted at www.regulations.gov, follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
generally will not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). The EPA encourages the public to submit comments
via www.Regulations.gov, as there will be a delay in processing mail
and no hand deliveries will be accepted. For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stephen Sweeney, Water Law Office
(2355A), Office of General Counsel, U.S.

Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On October 11, 2011, Plaintiffs Sierra Club and Center for
Environmental Law and Policy filed suit in the federal district court
for the Western District of Washington. Plaintiff's original Complaint
alleged a failure by EPA to perform nondiscretionary duties under CWA
section 303(d)(2), 33 U.S.C. 1313(d)(2), to approve or disapprove TMDLs
for PCBs that Plaintiffs asserted the Washington Department of Ecology
had constructively submitted for various segments of the Spokane River,
and, upon disapproval, to promulgate such TMDLs. Subsequently, the
Spokane Tribe of Indians intervened as plaintiffs and Plaintiffs
amended their complaints to file additional claims. The proposed
consent decree would resolve all claims brought by Plaintiffs.
    Under the proposed consent decree, EPA's obligations would be to
issue the TMDLs for PCBs by a deadline of September 30, 2024, for the
following PCB-impaired water segments Assessment Units in the Spokane
River, the Little Spokane River, and or Lake Spokane (Long Lake)
located in Washington State (or as these same PCB-impaired Assessment
Units have been or may be subsequently renumbered by the Washington
State Department of Ecology):<PHONE_NUMBER>0009;<PHONE_NUMBER>0010;
17010305000011;<PHONE_NUMBER>0012;<PHONE_NUMBER>0010;<PHONE_NUMBER>0774;
17010307009102;<PHONE_NUMBER>9615;<PHONE_NUMBER>0018; 47117H513; 47117I6C1;
47117I7d4; 47117I8C2; 47117I5A4; 47117H5J8; 47117I7E2; 47117I7D3;
47117I7B9 and 47117I5A5. EPA also would file status reports with the
court every 180 days to apprise the parties to the litigation and the
court of EPA's progress satisfying the requirement to issue the TMDLs
and of the work EPA intended to undertake during the next 180 day
period. The proposed consent decree would not resolve Plaintiffs'
claims for attorney's fees, which Plaintiffs would need to file within
165 days of entry of the consent decree.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
obligations of EPA for resolution of the claims contained in the
proposed consent decree from persons who are not named as original
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
consent decree if the comments disclose facts or considerations that
indicate that such consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the CWA or any other provision of
law. Unless EPA or the Department of Justice determine that they should
not consent to this proposed consent decree, the terms of the proposed
consent decree will be affirmed and filed for entry by the Court.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the proposed settlement agreement?

    The official public docket for this action (identified by EPA-HQ-
OGC-2021-0828) contains a copy of the proposed settlement agreement.
The official public docket is located at the Office of Environmental
Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW, Washington, DC. The regular hours of the EPA
Docket Center Public Reading Room are from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays; however, due to the
COVID-19 pandemic, there may be limited or no opportunity to enter the
docket center. At the time of this printing, the docket center is
closed to public visitors out of an abundance of caution for members of
the public and EPA staff to reduce the risk of transmitting COVID-19.
During the closure, Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on EPA Docket Center services, see https://www.epa.gov/dockets. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available on EPA's
website at www.regulations.gov. You may use www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and access those documents in
the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.'' It is important to note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing online at www.regulations.gov without
change, unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket.
    EPA's policy is that copyrighted material, including copyrighted
material contained in a public comment, will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. EPA has not included any
copyrighted material in the docket for this proposed settlement. If
commenters submit copyrighted material in a public comment, it will be
placed in the official public docket and made available for public
viewing when the EPA Docket Center is open.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section in
this document. Please ensure that your comments are submitted within
the specified comment period. The EPA encourages the public to submit
comments via www.Regulations.gov. There will be a delay in processing
mail and no hand deliveries will be accepted due to the COVID-19
pandemic.
    EPA recommends that you include your name, mailing address, and an
email address or other contact information in the body of your comment.
This ensures that you can be identified as the submitter of the comment
and allows EPA to contact you in case EPA cannot read your comment due
to technical difficulties or needs further information on the substance
of your comment. Any identifying or contact information provided in the
body of a comment will be included as part of the comment that is
placed in the official public docket and made available in EPA's
electronic public docket. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
    Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment

directly to the Docket without going through www.regulations.gov, your
email address is automatically captured and included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket.

    Dated: November 24, 2021.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2021-26085 Filed 11-30-21; 8:45 am]
BILLING CODE 6560-50-P