[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69280-69283]
[DOCID:fr07de07-101]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2007-29286]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of applications for exemptions from the diabetes
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 29 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate commercial motor vehicles in
interstate commerce.

DATES: Comments must be received on or before January 7, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2007-29286 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, 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 the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78; Apr. 11,
2000). This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications 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 8:30 a.m. to 5
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 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 statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 29
individuals listed in this notice have recently requested an exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by the statutes.

Qualifications of Applicants

Douglas D. Aure
    Mr. Aure, age 52, has had ITDM since 2006. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Aure meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class A Commercial Driver's
License (CDL) from Minnesota.
Bruce E. Bivins
    Mr. Bivins, 60, has had ITDM since 2005. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bivins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from New
Jersey.
Steven G. Boggs
    Mr. Boggs, 52, has had ITDM since 2004. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Boggs meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.
Jessie L. Brock
    Mr. Brock, 27, has had ITDM since 2000. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brock meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from Texas.

Francis C. Coryea
    Mr. Coryea, 42, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Coryea meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New York.
Challis J. Crismore
    Mr. Crismore, 38, has had ITDM since 2006. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Crismore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Montana.
Colin M. Forer
    Mr. Forer, 32, has had ITDM since 1992. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Forer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.
Kevin D. Hewston
    Mr. Hewston, 47, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hewston meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Arizona.
Daniel C. Horvat
    Mr. Horvat, 23, has had ITDM since 2004. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Horvat meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Minnesota.
Richard L. Jarvi
    Mr. Jarvi, 50, has had ITDM since 1981. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jarvi meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Wisconsin.
David J. Jansen
    Mr. Jansen, 38, has had ITDM since 1971. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jansen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from Ohio.
Lawrence A. Kibler
    Mr. Kibler, 54, has had ITDM since 1967. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kibler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Richard H. Kruse
    Mr. Kruse, 64, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kruse meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Iowa.
Dan A. McGee
    Mr. McGee, 49, has had ITDM since 2006. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McGee meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Oklahoma.

Arthur J. Medrano
    Mr. Medrano, 49, has had ITDM since 2006. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Medrano meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from California.
Florindo G. Mercado
    Mr. Mercado, 58, has had ITDM since 2006. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mercado meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Montana.
Brian D. Morin
    Mr. Morin, 34, has had ITDM since 1987. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
California.
Mark R. Perkins
    Mr. Perkins, 31, has had ITDM since 1986. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Perkins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Nevada.
Amy L. Polovino
    Ms. Polovino, 34, has had ITDM since 2007. Her endocrinologist
examined her in 2007 and certified that she has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Polovino meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2007 and certified that she does not
have diabetic retinopathy. She holds a Class C chauffeur license from
Michigan.
William H. Reinhart
    Mr. Reinhart, 53, has had ITDM since 2003. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reinhart meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
California.
Daniel J. Russell
    Mr. Russell, 35, has had ITDM since 2005. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Russell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Ohio.
Christopher C. Schuch
    Mr. Schuch, 53, has had ITDM since 2000. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schuch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Timothy Short
    Mr. Short, 46, has had ITDM since 1996. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Short meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from Pennsylvania.
Wayne Skiles
    Mr. Skiles, 58, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Skiles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007

and certified that he does not have diabetic retinopathy. He holds a
Class A CDL from California.
Gregory B. Valentine, Sr.
    Mr. Valentine, 41, has had ITDM since 1974. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Valentine meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class D operator's
license from Tennessee.
James J. Walsh
    Mr. Walsh, 64, has had ITDM since 1994. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walsh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.
Uve J. Witsch
    Mr. Witsch, 44, has had ITDM since 1999. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Witsch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
California.
Steven G. Woltman
    Mr. Woltman, 44, has had ITDM since 1979. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Woltman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from California.
John T. Yocum
    Mr. Yocum, 52, has had ITDM since 2005. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Yocum meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the Notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to revise its diabetes exemption program
established on September 3, 2003 (68 FR 52441).\1\ The revision must
provide for individual assessment of drivers with diabetes mellitus,
and be consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 Notice as a ``final
rule.'' However, the 2003 Notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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    Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the establishment of a specified minimum period of
insulin use to demonstrate stable control of diabetes before being
allowed to operate a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 USC. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    FMCSA concluded that all of the operating, monitoring and medical
requirements set out in the September 3, 2003 Notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 Notice, except as
modified by the Notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: November 27, 2007.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-23785 Filed 12-6-07; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42552-42554]
[FR Doc No: 2018-17977]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0098]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Traditional Trucking Corporation

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Traditional Trucking Corporation's
(TTC) application for a limited 5-year exemption on behalf of motor
carriers operating commercial motor vehicles (CMVs) to allow a Global
Positioning System (GPS) device to be mounted on the interior of the
windshield of a CMV within the areas allowed for ``vehicle safety
technology'' devices. The Agency has determined that the placement of
the GPS device in the windshield area would not have an adverse impact
on safety, and that adherence to the terms and conditions of the
exemption would achieve a level of safety equivalent to or greater than
the level of safety provided by the regulation.

DATES: This exemption is effective August 22, 2018 and ending August
22, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
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., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

TTC's Application for Exemption

    TTC applied for an exemption from 49 CFR 393.60(e)(1)(i) to allow a
GPS device to be mounted on the interior of the windshield of a CMV
within the areas allowed for devices with ``vehicle safety technology''
as defined in the FMCSRs. A copy of the application in included in the
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted on the interior of the
windshield. Antennas and similar devices must not be mounted more than
152 mm (6 inches) below the upper edge of the windshield, and outside
the driver's sight lines to the road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies,
as defined in 49 CFR 390.5, including a ``a fleet-related incident
management system, performance or behavior management system, speed
management system, lane departure warning system, forward collision
warning or mitigation system, active cruise control system, and
transponder.'' Section 393.60(e)(1)(ii) requires devices with vehicle
safety technologies to be mounted (1) not more than 100 mm (4 inches)
below the upper edge of the area swept by the windshield wipers, or (2)
not more than 175 mm (7 inches) above the lower edge of the area swept
by the windshield wipers, and outside the driver's sight lines to the
road and highway signs and signals. GPS is not a ``vehicle safety
technology'' under the definition in the regulation, and, as such, GPS
devices are not permitted to be mounted on the interior of the
windshield and within the area swept by the windshield wipers TTC's
application stated:

    The exemption is necessary because the dash is not suitable for
mounting the fixture to hold the GPS unit, and the location of the
GPS unit (if mounted on the top of the dash) is in the same location
as currently allowed for ``vehicle safety technologies'' mounted on
the windshield. The GPS fixture cannot be mounted to the ``face'' of
the control panel as that area is covered with controls and displays
necessary for the operation of the commercial vehicle . . .
    We do not believe that there will be any potential impacts to
safety due to the requested temporary exemption. The size of GPS
units is approximately the same size as the currently allowed
``vehicle safety technologies'' and the current location is much
lower within the CMV which takes the driver's eyes farther from the
road to determine his/her vehicle's correct lane, bridge height,
speed, etc. The current allowed location is a more unsafe operating
condition.
    The exemption would be for any carrier who wishes to mount a GPS
device on the windshield within the area defined for ``vehicle
safety technology''--not more than 4 inches below the upper edge of
the windshield wipers, and not more than 7 inches above the lower
edge of the area swept by the windshield wipers and outside the
driver's sight lines to the road and highway signs and signals. This
would yield an equivalent level of safety for GPS devices as
compared to those ``vehicle safety technologies,'' and it would be a
potentially safer location than lower in the CMV where the driver
must take his/her eyes off the road to look at the location of his
CMV on the GPS device. Back in August of 2016, in the BASIC SMS, our
Unsafe-driving category was in the cautionary status. Only one of
the violations was not due to speeding; all of those with violations
said it was due to a speed limit change and they were keeping with
what they thought was the speed limit. GPS systems display the
posted speed limit and flash in red when they are traveling above
the posted speed limit.

    The exemption would apply to all CMV operators driving vehicles
with GPS devices. TTC believes that the exemption will maintain a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption because the GPS device is approximately
the same size as vehicle safety technology devices, and the current
compliant mounting location is much lower in the vehicle which causes
the driver to look away from the road to view the GPS device.

Comments

    FMCSA published a notice of the application in the Federal Register
on March 22, 2018, and asked for public comment (83 FR 12643). The
Agency received eleven comments. Mr. Ben Biondi, Mr. Keith Neighbor,
Mr. Robert Smith, Mr. Jeffrey Baumann, Mr. Marc Winooski, Mr. Kenneth
Farnham, Mr. Tim Higgins, Mr. Randy Littleton, and 2 anonymous
commenters supported the exemption application. Several of these
commenters stated that the GPS device should be allowed to be mounted
on the windshield so the driver of the vehicle can obtain vehicle
location information without taking their eyes off the road, and
several believe that GPS should be considered a vehicle safety
technology device under the regulation. One anonymous commenter opposed
the exemption application, stating that GPS devices are not safety
technologies, but rather luxury items meant only to be used as a
convenience.

FMCSA Decision

    The FMCSA has evaluated the TTC exemption application, and the
comments received. The Agency believes that granting the temporary
exemption to allow the placement of GPS devices in the same location
permitted for vehicle safety technologies as identified in Section
393.60(e)(1)(ii), ``mounted (1) not more than 100 mm (4 inches) below
the upper edge of the area swept by the windshield wipers; or (2)

not more than 175 mm (7 inches) above the lower edge of the area swept
by the windshield wipers; and (3) outside the driver's sight lines to
the road and highway signs and signals,'' will provide a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption because (1) based on the technical
information available, there is no indication that the GPS devices
would obstruct drivers' views of the roadway, highway signs and
surrounding traffic; and (2) generally, trucks and buses have an
elevated seating position that greatly improves the forward visual
field of the driver, and there will be no impairment of available sight
lines to the road and highway signs and signals. In addition, the
Agency believes that the use of GPS devices by fleets is likely to
improve the overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting
the placement of vehicle safety technologies on CMVs outside the
driver's sight lines to the road and highway signs and signals. FMCSA
is not aware of any evidence showing that the installation of other
vehicle safety technologies mounted on the interior of the windshield
has resulted in any degradation in safety.
    Section 392.80 of the FMCSRs prohibits (a) drivers from engaging in
texting while driving, and (b) motor carriers from allowing or
requiring its drivers to engage in texting while driving. The term
``texting'' is defined in section 390.5 of the FMCSRs as ``manually
entering alphanumeric text into, or reading text from an electronic
device,'' and includes, but is not limited to, ``short message service,
emailing, instant messaging, a command or request to access a World
Wide web page, pressing more than a single button to initiate or
terminate a voice communication using a mobile telephone, or engaging
in any other form of electronic text retrieval or entry, for present or
future communication.'' While the definition of ``texting'' in section
390.5 of the FMCSRs expressly excludes ``Inputting, selecting, or
reading information on a global positioning system or navigation
system,'' FMCSA strongly encourages CMV drivers utilizing GPS devices
under this temporary exemption to minimize/avoid possible distraction
associated with using these devices by (1) programming the device
before starting to drive, (2) stopping to reprogram the device if
necessary, and (3) enabling the voice command on the device (instead of
muting it) to help avoid glancing at the device display.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning August 22, 2018 and ending August 22, 2023. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with GPS devices mounted (1) not more than 100 mm (4
inches) below the upper edge of the area swept by the windshield
wipers; or (2) not more than 175 mm (7 inches) above the lower edge of
the area swept by the windshield wipers; and (3) outside the driver's
sight lines to the road and highway signs and signals.
    The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail 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(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating GPS devices mounted on the windshield in
the same location as vehicle safety technologies are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
The Agency will evaluate any such information and, if safety is being
compromised or if the continuation of the exemption is not consistent
with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to
revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

    Issued on: August 15, 2018.
 Raymond P. Martinez,
 Administrator.
[FR Doc. 2018-17977 Filed 8-21-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47136-47138]
[FR Doc No: 2023-15495]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-510-000]

Florida Gas Transmission Company, LLC; Notice of Request Under
Blanket Authorization and Establishing Intervention and Protest
Deadline

    Take notice that on July 5, 2023, Florida Gas Transmission Company,
LLC (Florida Gas), 1300 Main St., Houston, Texas 77002, filed in the
above referenced docket, a prior notice requests pursuant to sections
157.205, 157.208, 157.210, 157.211 and 157.216 of the Commission's
regulations under the Natural Gas Act (NGA), and Florida Gas' blanket
certificate issued in Docket No. CP82-553-000, for authorization to
rearrange part of its proposed Turnpike and Sand Lake Road Relocation
Project. The proposed project will allow Florida Gas to: (i) abandon an
approximate 0.94-mile segment of its existing 26-inch-diameter mainline
pipeline and appurtenant facilities, and relocate and construct
approximately 0.96 miles of replacement 26-inch-diameter natural gas
pipeline; (ii) and abandon a mainline valve delivery takeoff and an
approximate 0.14-mile segment of its existing4-inch-diameter delivery
lateral pipeline and appurtenant facilities, and relocate and construct
a replacement takeoff valve and an approximate 0.30-mile segment of 4-
inch-diameter delivery latera pipeline and appurtenant facilities all
in Orange County, Florida, to avoid conflicts with a Florida Turnpike
Enterprise and Florida Department of Transportation design and
construction of a new interchange at Sand Lake Road and Florida
Turnpike in Orange County, Florida. Florida Gas states that there will
be no change in the capacity of Florida Gas' mainline

system. The estimated, cost for the project is $18,900,000, all as more
fully set forth in the request which is on file with the Commission and
open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to Blair
Lichtenwalter, Senior Director of Certificates, Florida Gas
Transmission Company, LLC, 1300 Main St., Houston, Texas 77002, or by
phone at<PHONE_NUMBER> or via email at
[email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on September 15,
2023. How to file protests, motions to intervene, and comments is
explained below.
    The Commission's Office of Public Participation (OPP) supports
meaningful Public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
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    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is September 15, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
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    \3\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is September 15, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before September 15, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-510-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
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    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-510-000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available

to assist you at<PHONE_NUMBER> or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Blair
Lichtenwalter, Senior Director of Certificates, Florida Gas
Transmission Company, LLC, 1300 Main St., Houston, Texas 77002, or at
[email protected]. Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: July 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15495 Filed 7-20-23; 8:45 am]
BILLING CODE 6717-01-P