[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58258-58260]
[FR Doc No: 2017-26582]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; FMCSA-
2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; FMCSA-
2013-0190; FMCSA-2015-0336; FMCSA-2015-0337]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 178
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 applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
10, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], 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 5:30
p.m., ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2007-29035; FMCSA-2008-0293;
FMCSA-2009 0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184;
FMCSA-2013-0187; FMCSA-2013-0190; FMCSA-2015-0336; FMCSA-2015-0337
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    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., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day ET,
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 online.
    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.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years 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 statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    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.
    The 178 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 178 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (74 FR 48338; 74 FR 62883;
80 FR 74196; 73 FR 63042; 73 FR 75163; 80 FR 70067; 81 FR 6326; 78 FR
63298; 78 FR 76397; 72 FR 62514; 72 FR 71996; 76 FR 64165; 76 FR 78718;
76 FR 66120; 76 FR 79759; 78 FR 64267; 78 FR 77784; 80 FR 74190; 81 FR
6332; 78 FR 65034; 79 FR 3917). They have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous
two-year exemption period. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that

extending the exemption for each of these drivers for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of December 1, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine 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)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in docket number FMCSA-2009-0242. Their
exemptions are applicable as of December 1, 2017, and will expire on
December 1, 2019.
    As of December 10, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following six 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)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in docket number FMCSA-2008-0293. Their
exemptions are applicable as of December 10, 2017, and will expire on
December 10, 2019.
    As of December 15, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 35 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 70067; 81 FR
6326):

Ramon Becerra (IN)
Steven J. Bloemker (OH)
Billy J. Bookout (OK)
David M. Brady (NE)
William G. Bush (IL)
Gene D. Carey, Jr. (PA)
James C. Decker (CA)
Thomas C. Eklund (OR)
Rodney L. Forrister, Jr. (MI)
Ronald J. Gasper (SD)
Jeremy J. Giesbrecht (IN)
Ethan T. Heideman (MN)
David T. Issler (NY)
Todd D. Jacquin (NC)
Mark C. Kucharski (CO)
Philip M. LaPierre (ME)
Mary J. Martin (PA)
Terry J. Miller (WI)
Marvin K. Mosley (SC)
Eric Nieves, Jr. (NY)
George W. Pottle, IV (ME)
Charles R. Ratcliff, Jr. (VA)
Joseph B. Ribitzki (AR)
Roger D. Richey (IN)
Michael G. Sanchez (CA)
Guido J. Scarafoni (MA)
Jeffrey M. Schleisman (IA)
Sanampreet Singh (CA)
Joshua A. Snyder (WV)
Leonard Tawahongva (AZ)
Edward M. Taylor (NE)
Donald L. Trogdon (ID)
Lazario R. Watkins (NC)
Eric J. Watson (NY)
William T. White (WA)

    The drivers were included in docket number FMCSA-2015-0336. Their
exemptions are applicable as of December 15, 2017, and will expire on
December 15, 2019.
    As of December 17, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 51 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):

Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael J. Collins (WA)
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)
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
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 Wuaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (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)
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 number FMCSA-2013-0187. Their
exemptions are applicable as of December 17, 2017, and will expire on
December 17, 2019.
    As of December 19, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 24 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)
Glenn W. Burke (NY)
David P. Charest (FL)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
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)
Toni A. Moore (AR)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew W. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OH)

    The drivers were included in docket numbers FMCSA-2007-29035;
FMCSA-2011-0277. Their exemptions are applicable as of December 19,
2017, and will expire on December 19, 2019.
    As of December 22, 2017, 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 number FMCSA-2011-0278. Their
exemptions are applicable as of December 22, 2017, and will expire on
December 22, 2019.
    As of December 24, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 12 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):

Theeir L. Coleman (VA)
William I. Harbolt (MT)
Ryan L. Harrier (MI)
Larry W. Hines (NM)
Mark G. Kahler (TX)
Michael W. McCrary (GA)
Sean T. McMahon (WI)
David S. Monroe (KS)
John E. Parker (KS)
David G. Schultz (PA)
Donald A. Spivey (TN)
Jerry D. Zimmerman (ND)

    The drivers were included in docket number FMCSA-2013-0184. Their
exemptions are applicable as of December 24, 2017, and will expire on
December 24, 2019.
    As of December 29, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 26 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 74190; 81 FR
6332):

Michael E. Adrieansen (IL)
Samuel M. Balis (PA)
Dwight J. Banks (IL)
David R. Bauman, III (MI)
Dustin D. Brown (WI)
Thomas W. Camp (VA)
Nathan G. Carnes (OR)
Damiano DiFlorio (NJ)
Sammy N. Fox (PA)
Matthew D. Fox (IN)
Chadwick E. Gainey (FL)
Jamal A. George (OH)
John M. Halm (WA)
William R. Hardy (MI)
Craig A. Hendrickson (IL)
Darold W. Mahlstedt (IA)
Robert L. McConnell (PA)
Randall T. Mitchell (AL)
Shawn P. O'Malley (WA)
Kenneth W. Phillips (IN)
Jakob K. Siler (WA)
Darren G. Steil (IA)
Richard W. Wagner (MN)
John F. Wesoloski, Jr. (ND)
Levon Wright, Sr. (FL)
Tadeusz S. Wrzesinki (PA)

    The drivers were included in docket number FMCSA-2015-0337. Their
exemptions are applicable as of December 29, 2017, and will expire on
December 29, 2019.
    As of December 30, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 74190; 81 FR
6332):

Cris A. Brown (MI)
Vincenzo A. Cortese (CT)
Keith R. Miller (WV)

    The drivers were included in docket number FMCSA-2013-0190. Their
exemptions are applicable as of December 30, 2017, and will expire on
December 30, 2019.
    As of December 31, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, 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).
    This driver was included in docket number FMCSA-2013-0190. The
exemption is applicable as of December 31, 2017, and will expire on
December 31, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must submit an annual ophthalmologist's
or optometrist's report; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded 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.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 178 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26582 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Proposed Rules]
[Page 303]
[FR Doc No: 2010-33195]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-EPA-R10-RCRA-2010-0953; FRL-9247-5]

Alaska: Adequacy of Alaska's Municipal Solid Waste Landfill
Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA Region 10 proposes to approve Alaska's modification of its
approved Municipal Solid Waste Landfill (MSWLF) permit program. On
March 22, 2004, EPA issued final regulations allowing Research,
Development, and Demonstration (RD&D) permits to be issued to certain
MSWLFs by approved states. On September 7, 2010 Alaska submitted an
application to EPA Region 10 seeking Federal approval of its RD&D
requirements.

DATES: Comments on this proposed action must be received in writing on
or before February 3, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2010-0953, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Domenic Calabro
     Mail: Send written comments to Domenic Calabro, Office of
Air, Waste, and Toxics, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite
900, Mailstop: AWT-122, Seattle, WA 98101.
     Hand Delivery or Courier: Deliver your comments to:
Domenic Calabro, Office of Air, Waste, and Toxics, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mailstop: AWT-122, Seattle, WA 98101.
Such deliveries are only accepted during the Office's normal hours of
operation.
    For detailed instructions on how to submit comments, please see the
direct final rule which is located in the Rules section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Domenic Calabro at<PHONE_NUMBER> or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving Alaska's Research, Development, and
Demonstration (RD&D) permit program through a direct final rule without
prior proposal because the Agency views this as a noncontroversial
action and anticipates no adverse comments to this action. Unless we
get written adverse comments which oppose this approval during the
comment period, the direct final rule will become effective on the date
it establishes, and we will not take further action on this proposal.
If EPA receives written adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule. EPA will not institute a second comment period
on this action. Any parties interested in commenting on this action
should do so at this time. For additional information, see the direct
final rule which is located in the Rules section of this Federal
Register.

    Dated: December 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-33195 Filed 1-3-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Page 10551]
[FR Doc No: 2015-03964]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74341; File No. SR-ICC-2014-24]

Self-Regulatory Organizations; ICE Clear Credit, LLC; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Revise the ICC Risk Management Framework

February 20, 2015.
    On December 22, 2014, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to make revisions
to the ICC Risk Management Framework (SR-ICC-2014-24). The proposed
rule change was published for comment in the Federal Register on
January 9, 2015.\3\ To date, the Commission has not received comments
on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-73980 (Jan. 5, 2015),
80 FR 1466 (Jan. 9, 2015) (SR-ICC-2014-24).
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day from the publication of notice of filing of this proposed rule
change is February 23, 2015. The Commission is extending this 45-day
time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    ICC's proposed rule change would revise the ICC Risk Management
Framework to, among other things, incorporate risk model changes
related to Recovery Rate Sensitivity Requirements, anti-procyclicality,
and ICC's Guaranty Fund allocation methodology. In order to provide the
Commission with sufficient time to consider the proposed rule change,
the Commission finds it is appropriate to designate a longer period
within which to take action on the proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates April 9, 2015, as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
ICC-2014-24).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03964 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P