82_FR_21051 82 FR 20966 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

82 FR 20966 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range20966-20968
FR Document2017-09004

FMCSA announces its decision to exempt 46 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20966-20968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09004]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0035]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 46 individuals from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce. 
The exemptions enable these individuals to operate CMVs in interstate 
commerce.

DATES: The exemptions were effective on May 13, 2016. The exemptions 
expire on May 13, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.

[[Page 20967]]

    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., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On April 12, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 46 individuals and requested 
comments from the public (81 FR 21649.) The public comment period 
closed on May 12, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of the 46 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 requirement for diabetes in 1970 
because several risk studies indicated that drivers with diabetes had a 
higher rate of crash involvement than the general population. The 
diabetes rule provides that ``A person is physically qualified to drive 
a commercial motor vehicle if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the 
Agency's July 2000 study entitled ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the 
Transportation Act for the 21st Century.'' The report concluded that a 
safe and practicable protocol to allow some drivers with ITDM to 
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal 
Register notice in conjunction with the November 8, 2005 (70 FR 67777), 
Federal Register notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    These 46 applicants have had ITDM over a range of 1 to 51 years. 
These applicants report no severe hypoglycemic reactions resulting in 
loss of consciousness or seizure, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning symptoms, in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the past 5 years. In each case, 
an endocrinologist verified that the driver has demonstrated a 
willingness to properly monitor and manage his/her diabetes mellitus, 
received education related to diabetes management, and is on a stable 
insulin regimen. These drivers report no other disqualifying 
conditions, including diabetes-related complications. Each meets the 
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the April 12, 2016, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption 
is likely to achieve an equivalent or greater level of safety than 
would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered medical reports about the applicants' ITDM and vision, and 
reviewed the treating endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

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

VI. Conclusion

    Based upon its evaluation of the 46 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

William M. Adams (SC)
Gerald L. Beideck (OR)
John J. Bizanos (NY)
Joseph T. Bohnert (PA)
Phillip J. Boruszewski (IL)
Harold F. Braithwaite (OH)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Donald Fleming (IL)
Sergio Garza (IL)
Stanley L. Gear (MO)
Ira S. Gelb (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Brandon T. A. Maines (MT)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Andrew J. Neset (ND)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
Edward C. Pisiakowski (CT)
William J. Pratt (MN)
Juan Rangel (CA)

[[Page 20968]]

Kyle L. Roy (OH)
Nicola D. Santopietro (CT)
Gary R. Silver (FL)
Ryan D. Simmons (WA)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
Donald L. Yamauchi (MN)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
valid for two years unless revoked earlier by FMCSA. The exemption will 
be revoked if the following occurs: (1) The person fails to comply with 
the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained 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: April 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09004 Filed 5-3-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                               20966                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                               Thornburg reported that he has driven                   violation in a CMV; he failed to obey a               Viewing Comments and Documents
                                               straight trucks for 5 years, accumulating               traffic control device.                                  To view comments, as well as
                                               225,000 miles. He holds a chauffer’s                                                                          documents mentioned in this preamble
                                                                                                       James J. Wyles
                                               license from Michigan. His driving                                                                            as being available in the docket, go to
                                               record for the last 3 years shows no                      Mr. Wyles, 39, has had amblyopia in                 http://www.regulations.gov and insert
                                               crashes and no convictions for moving                   his right eye since childhood. The                    the docket number FMCSA–2017–0017
                                               violations in a CMV.                                    visual acuity in his right eye is hand                in the ‘‘Keyword’’ box and click
                                               Eric J. Wickman                                         motion, and in his left eye, 20/20.                   ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                       Following an examination in 2016, his                 Folder’’ button and choose the
                                                 Mr. Wickman, 47, had his right eye                    ophthalmologist stated, ‘‘He has
                                               enucleated due to a traumatic incident                                                                        document listed to review. If you do not
                                                                                                       sufficient vision to operate a                        have access to the Internet, you may
                                               in 1996. The visual acuity in his right                 commercial vehicle.’’ Mr. Wyles
                                               eye is no light perception, and in his left                                                                   view the docket online by visiting the
                                                                                                       reported that he has driven straight                  Docket Management Facility in Room
                                               eye, 20/20. Following an examination in                 trucks for 23 years, accumulating
                                               2016, his optometrist stated, ‘‘In                                                                            W12–140 on the ground floor of the
                                                                                                       644,000 miles and tractor-trailer                     DOT West Building, 1200 New Jersey
                                               summary, given the stable nature of                     combinations for 3 years, accumulating
                                               Eric’s visual deficiency and stable                                                                           Avenue SE., Washington, DC 20590,
                                                                                                       120,000 miles. He holds a Class A CDL                 between 9 a.m. and 5 p.m., e.t., Monday
                                               ocular health of his left eye, I feel that              from North Carolina. His driving record
                                               Eric functions well and is fully able to                                                                      through Friday, except Federal holidays.
                                                                                                       for the last 3 years shows no crashes and
                                               perform all driving tasks without                       no convictions for moving violations in                 Issued on: April 27, 2017.
                                               restriction at this time.’’ Mr. Wickman                 a CMV.                                                Larry W. Minor,
                                               reported that he has driven straight                                                                          Associate Administrator for Policy.
                                               trucks for 22 years, accumulating 3.3                   III. Public Participation and Request for
                                                                                                                                                             [FR Doc. 2017–09000 Filed 5–3–17; 8:45 am]
                                               million miles, and tractor-trailer                      Comments
                                                                                                                                                             BILLING CODE 4910–EX–P
                                               combinations for 22 years, accumulating                   FMCSA encourages you to participate
                                               3.3 million miles. He holds a Class CA                  by submitting comments and related
                                               CDL from Michigan. His driving record                   materials.                                            DEPARTMENT OF TRANSPORTATION
                                               for the last 3 years shows no crashes and
                                               no convictions for moving violations in                 Submitting Comments                                   Federal Motor Carrier Safety
                                               a CMV.                                                     If you submit a comment, please                    Administration
                                               Don S. Williams                                         include the docket number for this                    [FMCSA Docket No. FMCSA–2016–0035]
                                                  Mr. Williams, 58, has a prosthetic                   notice, indicate the specific section of
                                               right eye due to a traumatic incident in                this document to which each comment                   Qualification of Drivers; Exemption
                                               childhood. The visual acuity in his right               applies, and provide a reason for each                Applications; Diabetes Mellitus
                                               eye is no light perception, and in his left             suggestion or recommendation. You
                                                                                                       may submit your comments and                          AGENCY: Federal Motor Carrier Safety
                                               eye, 20/20. Following an examination in                                                                       Administration (FMCSA), DOT.
                                               2016, his optometrist stated, ‘‘It is                   material online or by fax, mail, or hand
                                                                                                       delivery, but please use only one of                  ACTION: Notice of final disposition.
                                               therefore my opinion that Mr. Williams
                                               has full field of vision and would not                  these means. FMCSA recommends that
                                                                                                       you include your name and a mailing                   SUMMARY:   FMCSA announces its
                                               have difficulty driving any type of                                                                           decision to exempt 46 individuals from
                                               motor vehicle.’’ Mr. Williams reported                  address, an email address, or a phone
                                                                                                       number in the body of your document                   its rule prohibiting persons with
                                               that he has driven straight trucks for 12                                                                     insulin-treated diabetes mellitus (ITDM)
                                               years, accumulating 480,000 miles, and                  so the Agency can contact you if it has
                                                                                                       questions regarding your submission.                  from operating commercial motor
                                               tractor-trailer combinations for 8 years,                                                                     vehicles (CMVs) in interstate commerce.
                                               accumulating 880,000 miles. He holds                       To submit your comment online, go to
                                                                                                       http://www.regulations.gov and put the                The exemptions enable these
                                               an operator’s license from Alabama. His                                                                       individuals to operate CMVs in
                                               driving record for the last 3 years shows               docket number FMCSA–2017–0017 in
                                                                                                       the ‘‘Keyword’’ box, and click ‘‘Search’’.            interstate commerce.
                                               no crashes and one conviction for a
                                                                                                       When the new screen appears, click on                 DATES: The exemptions were effective
                                               moving violation in a CMV; he exceeded
                                                                                                       ‘‘Comment Now!’’ button and type your                 on May 13, 2016. The exemptions
                                               the speed limit by 9 mph.
                                                                                                       comment into the text box in the                      expire on May 13, 2018.
                                               Garfield M. Williams                                    following screen. Choose whether you                  FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Mr. Williams, 40, has had amblyopia                  are submitting your comment as an                     Christine A. Hydock, Chief, Medical
                                               in his right eye since childhood. The                   individual or on behalf of a third party              Programs Division, (202) 366–4001,
                                               visual acuity in his right eye is 20/200,               and then submit. If you submit your                   fmcsamedical@dot.gov, FMCSA,
                                               and in his left eye, 20/20. Following an                comments by mail or hand delivery,                    Department of Transportation, 1200
                                               examination in 2016, his optometrist                    submit them in an unbound format, no                  New Jersey Avenue SE., Room W64–
                                               stated, ‘‘It is in my opinion that Mr.                  larger than 81⁄2 by 11 inches, suitable for           113, Washington, DC 20590–0001.
                                               Williams does have sufficient vision to                 copying and electronic filing. If you                 Office hours are from 8:30 a.m. to 5 p.m.
                                               perform the driving tasks required to                   submit comments by mail and would                     e.t., Monday through Friday, except
pmangrum on DSK3GDR082PROD with NOTICES




                                               operate a commercial vehicle and will                   like to know that they reached the                    Federal holidays.
                                               have no difficulty seeing at night.’’ Mr.               facility, please enclose a stamped, self-             SUPPLEMENTARY INFORMATION:
                                               Williams reported that he has driven                    addressed postcard or envelope.
                                               tractor-trailer combinations for 7 years,                  FMCSA will consider all comments                   I. Electronic Access
                                               accumulating 297,500 miles. He holds a                  and material received during the                        You may see all the comments online
                                               Class A CDL from Texas. His driving                     comment period. FMCSA may issue a                     through the Federal Document
                                               record for the last 3 years shows no                    final determination at any time after the             Management System (FDMS) at: http://
                                               crashes and one conviction for a moving                 close of the comment period.                          www.regulations.gov.


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                                                                               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices                                           20967

                                                  Docket: For access to the docket to                  the current protocol for allowing such                medical evaluation; (2) that each
                                               read background documents or                            drivers to operate CMVs in interstate                 individual reports within 2 business
                                               comments, go to http://                                 commerce.                                             days of occurrence, all episodes of
                                               www.regulations.gov and/or Room                           These 46 applicants have had ITDM                   severe hypoglycemia, significant
                                               W12–140 on the ground level of the                      over a range of 1 to 51 years. These                  complications, or inability to manage
                                               West Building, 1200 New Jersey                          applicants report no severe                           diabetes; also, any involvement in an
                                               Avenue, SE., Washington, DC, between                    hypoglycemic reactions resulting in loss              accident or any other adverse event in
                                               9 a.m. and 5 p.m., e.t., Monday through                 of consciousness or seizure, requiring                a CMV or personal vehicle, whether or
                                               Friday, except Federal holidays.                        the assistance of another person, or                  not it is related to an episode of
                                                  Privacy Act: In accordance with 5                    resulting in impaired cognitive function              hypoglycemia; (3) that each individual
                                               U.S.C. 553(c), DOT solicits comments                    that occurred without warning                         provide a copy of the ophthalmologist’s
                                               from the public to better inform its                    symptoms, in the past 12 months and no                or optometrist’s report to the medical
                                               rulemaking process. DOT posts these                     recurrent (2 or more) severe                          examiner at the time of the annual
                                               comments, without edit, including any                   hypoglycemic episodes in the past 5                   medical examination; and (4) that each
                                               personal information the commenter                      years. In each case, an endocrinologist               individual provide a copy of the annual
                                               provides, to www.regulations.gov, as                    verified that the driver has                          medical certification to the employer for
                                               described in the system of records                      demonstrated a willingness to properly                retention in the driver’s qualification
                                               notice (DOT/ALL–14 FDMS), which can                     monitor and manage his/her diabetes                   file, or keep a copy in his/her driver’s
                                               be reviewed at www.dot.gov/privacy.                     mellitus, received education related to               qualification file if he/she is self-
                                               II. Background                                          diabetes management, and is on a stable               employed. The driver must also have a
                                                                                                       insulin regimen. These drivers report no              copy of the certification when driving,
                                                  On April 12, 2016, FMCSA published                   other disqualifying conditions,                       for presentation to a duly authorized
                                               a notice of receipt of Federal diabetes                 including diabetes-related                            Federal, State, or local enforcement
                                               exemption applications from 46                          complications. Each meets the vision                  official.
                                               individuals and requested comments                      requirement at 49 CFR 391.41(b)(10).
                                               from the public (81 FR 21649.) The                        The qualifications and medical                      VI. Conclusion
                                               public comment period closed on May                     condition of each applicant were stated                  Based upon its evaluation of the 46
                                               12, 2016, and no comments were                          and discussed in detail in the April 12,              exemption applications, FMCSA
                                               received.                                               2016, Federal Register notice and they                exempts the following drivers from the
                                                  FMCSA has evaluated the eligibility                  will not be repeated in this notice.                  diabetes requirement in 49 CFR
                                               of the 46 applicants and determined that                                                                      391.41(b)(10), subject to the
                                               granting the exemptions to these                        III. Discussion of Comments
                                                                                                                                                             requirements cited above (49 CFR
                                               individuals would achieve a level of                       FMCSA received no comments in this                 391.64(b)):
                                               safety equivalent to or greater than the                proceeding.                                           William M. Adams (SC)
                                               level that would be achieved by
                                                                                                       IV. Basis for Exemption Determination                 Gerald L. Beideck (OR)
                                               complying with the current regulation
                                                                                                                                                             John J. Bizanos (NY)
                                               49 CFR 391.41(b)(3).                                       Under 49 U.S.C. 31136(e) and 31315,                Joseph T. Bohnert (PA)
                                                                                                       FMCSA may grant an exemption from                     Phillip J. Boruszewski (IL)
                                               Diabetes Mellitus and Driving
                                                                                                       the diabetes requirement in 49 CFR                    Harold F. Braithwaite (OH)
                                               Experience of the Applicants
                                                                                                       391.41(b)(3) if the exemption is likely to            Kenneth H. Brown (NY)
                                                  The Agency established the current                   achieve an equivalent or greater level of             Alfred S. Church, Jr. (IN)
                                               requirement for diabetes in 1970                        safety than would be achieved without                 James R. Conley (IN)
                                               because several risk studies indicated                  the exemption. The exemption allows                   Irvin L. Davis (VA)
                                               that drivers with diabetes had a higher                 the applicants to operate CMVs in                     Richard J. Dudzenski (PA)
                                               rate of crash involvement than the                      interstate commerce.                                  William M. Dutton (ND)
                                               general population. The diabetes rule                      To evaluate the effect of these                    Richard W. Favier (CT)
                                               provides that ‘‘A person is physically                  exemptions on safety, FMCSA                           Richard G. Fiscus, Jr. (MA)
                                               qualified to drive a commercial motor                   considered medical reports about the                  Donald Fleming (IL)
                                               vehicle if that person has no established               applicants’ ITDM and vision, and                      Sergio Garza (IL)
                                               medical history or clinical diagnosis of                reviewed the treating endocrinologists’               Stanley L. Gear (MO)
                                               diabetes mellitus currently requiring                   medical opinion related to the ability of             Ira S. Gelb (MA)
                                               insulin for control’’ (49 CFR                           the driver to safely operate a CMV while              Raymond C. Hartill (WA)
                                               391.41(b)(3)).                                          using insulin.                                        Todd E. Himebauch (IL)
                                                  FMCSA established its diabetes                          Consequently, FMCSA finds that in                  John R. Hofmann, Jr. (IL)
                                               exemption program, based on the                         each case exempting these applicants                  Matthew E. Ingham (WA)
                                               Agency’s July 2000 study entitled ‘‘A                   from the diabetes requirement in 49 CFR               Grant L. Jensen (SD)
                                               Report to Congress on the Feasibility of                391.41(b)(3) is likely to achieve a level             Victor E. Kaneps (CO)
                                               a Program to Qualify Individuals with                   of safety equal to that existing without              Albert J. Laubauskas (NJ)
                                               Insulin-Treated Diabetes Mellitus to                    the exemption.                                        Michael M. Lillie (MI)
                                               Operate in Interstate Commerce as                                                                             Barrington F. Mahabee (NY)
                                               Directed by the Transportation Act for                  V. Conditions and Requirements
                                                                                                                                                             Brandon T. A. Maines (MT)
pmangrum on DSK3GDR082PROD with NOTICES




                                               the 21st Century.’’ The report concluded                   The terms and conditions of the                    Robert J. Marnell (IA)
                                               that a safe and practicable protocol to                 exemption will be provided to the                     Clayton E. McCoy (TX)
                                               allow some drivers with ITDM to                         applicants in the exemption document                  Andrew J. Neset (ND)
                                               operate CMVs is feasible. The                           and they include the following: (1) That              Scott A. Newell (MI)
                                               September 3, 2003 (68 FR 52441),                        each individual submit a quarterly                    Braydon D. Paytas (UT)
                                               Federal Register notice in conjunction                  monitoring checklist completed by the                 Edward C. Pisiakowski (CT)
                                               with the November 8, 2005 (70 FR                        treating endocrinologist as well as an                William J. Pratt (MN)
                                               67777), Federal Register notice provides                annual checklist with a comprehensive                 Juan Rangel (CA)


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                                               20968                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                               Kyle L. Roy (OH)                                        the intent of moving for a Committee                  DEPARTMENT OF THE TREASURY
                                               Nicola D. Santopietro (CT)                              vote to approve the same. This agenda
                                               Gary R. Silver (FL)                                     is subject to change, including the                   Community Development Financial
                                               Ryan D. Simmons (WA)                                    possible addition of further proposed                 Institutions Fund
                                               Jerry G. Smith (NC)                                     tasks.
                                               William J. Taylor (IN)                                                                                        Funding Opportunity Title: Notice of
                                               Roy E. Tompkins (NY)                                    DATES:The RSAC meeting is scheduled                   Allocation Availability (NOAA) Inviting
                                               Vasilios Tsimis (NY)                                    to commence at 9:30 a.m. on Thursday,                 Applications for the Calendar Year
                                               Craig J. Voudren (VA)                                   May 25, 2017, and will adjourn by 4:30                (CY) 2017 Allocation Round of the New
                                               Donald L. Yamauchi (MN)                                 p.m.                                                  Markets Tax Credit (NMTC) Program
                                                  In accordance with 49 U.S.C. 31136(e)                ADDRESSES:    The RSAC meeting will be                   Announcement Type: Announcement
                                               and 31315 each exemption is valid for                                                                         of allocation availability.
                                                                                                       held at the National Association of
                                               two years unless revoked earlier by                                                                              Dates: Electronic applications must be
                                                                                                       Home Builders, National Housing
                                               FMCSA. The exemption will be revoked                                                                          received by 5:00 p.m. ET on June 21,
                                                                                                       Center, located at 1201 15th Street NW.,
                                               if the following occurs: (1) The person                                                                       2017. Applications sent by mail,
                                               fails to comply with the terms and                      Washington, DC 20005. The meeting is
                                                                                                                                                             facsimile, or other form will not be
                                               conditions of the exemption; (2) the                    open to the public on a first-come, first-
                                                                                                                                                             accepted. Please note the Community
                                               exemption has resulted in a lower level                 served basis, and is accessible to
                                                                                                                                                             Development Financial Institutions
                                               of safety than was maintained before it                 individuals with disabilities. Sign and               Fund (CDFI Fund) will only accept
                                               was granted; or (3) continuation of the                 oral interpretation can be made                       applications and attachments (e.g., the
                                               exemption would not be consistent with                  available if requested 10 calendar days               Controlling Entity’s representative
                                               the goals and objectives of 49 U.S.C.                   before the meeting.                                   signature page, Assurances and
                                               31136(e) and 31315. If the exemption is                 FOR FURTHER INFORMATION CONTACT:                      Certifications supporting documents,
                                               still effective at the end of the 2-year                Kenton Kilgore, RSAC Administrative                   investor letters, organizational charts) in
                                               period, the person may apply to FMCSA                   Officer/Coordinator, FRA, 1200 New                    electronic form (see Section IV.C of this
                                               for a renewal under procedures in effect                                                                      NOAA for more details). Applications
                                                                                                       Jersey Avenue SE., Mailstop 25,
                                               at that time.                                                                                                 must meet all eligibility and other
                                                                                                       Washington, DC 20590, (202) 493–6286;
                                                 Issued on: April 27, 2017.                            or Robert Lauby, Associate                            requirements and deadlines, as
                                               Larry W. Minor,                                                                                               applicable, set forth in this NOAA. Any
                                                                                                       Administrator for Railroad Safety and
                                               Associate Administrator for Policy.                                                                           Applicant that is not yet certified as a
                                                                                                       Chief Safety Officer, FRA, 1200 New
                                                                                                                                                             Community Development Entity (CDE)
                                               [FR Doc. 2017–09004 Filed 5–3–17; 8:45 am]              Jersey Avenue SE., Mailstop 25,
                                                                                                                                                             must submit an application for CDE
                                               BILLING CODE 4910–EX–P                                  Washington, DC 20590, (202) 493–6474.                 certification through the CDFI Fund’s
                                                                                                       SUPPLEMENTARY INFORMATION:      Pursuant              Awards Management Information
                                               DEPARTMENT OF TRANSPORTATION                            to Section 10(a)(2) of the Federal                    System (AMIS) on or before 5:00 p.m.
                                                                                                       Advisory Committee Act (Pub. L. 92–                   ET on May 17, 2017 (see Section III.A.1
                                               Federal Railroad Administration                         463), FRA is giving notice of a meeting               of this NOAA for more details on CDE
                                                                                                       of the RSAC. The RSAC was established                 certification).
                                               [Docket No. FRA–2000–7257, Notice No. 85]                                                                        Executive Summary: This NOAA is
                                                                                                       to provide advice and recommendations
                                                                                                       to FRA on railroad safety matters. The                issued in connection with the CY 2017
                                               Railroad Safety Advisory Committee;
                                                                                                       RSAC is composed of 59 voting                         allocation round (Allocation Round) of
                                               Notice of Meeting
                                                                                                       representatives from 38 member                        the New Markets Tax Credit Program
                                               AGENCY: Federal Railroad                                                                                      (NMTC Program), as authorized by Title
                                                                                                       organizations, representing various rail
                                               Administration, Department of                                                                                 I, subtitle C, section 121 of the
                                                                                                       industry perspectives. In addition, there
                                               Transportation.                                                                                               Community Renewal Tax Relief Act of
                                                                                                       are non-voting advisory representatives               2000 (Pub. L. 106–554) and amended by
                                               ACTION: Notice of Railroad Safety                       from the agencies with railroad safety
                                               Advisory Committee (RSAC) meeting.                                                                            section 221 of the American Jobs
                                                                                                       regulatory responsibility in Canada and               Creation Act of 2004 (Pub. L. 108–357),
                                               SUMMARY:   FRA announces the fifty-                     Mexico, the National Transportation                   section 101 of the Gulf Opportunity
                                               seventh meeting of the RSAC, a Federal                  Safety Board, and the Federal Transit                 Zone Act of 2005 (Pub. L. 108–357),
                                               Advisory Committee (Committee) that                     Administration. The diversity of the                  Division A, section 102 of the Tax Relief
                                               develops recommendations on railroad                    RSAC ensures the requisite range of                   and Health Care Act of 2006 (Pub. L.
                                               safety regulations and other railroad                   views and expertise necessary to                      109–432), section 733 of the Tax Relief,
                                               safety issues through a consensus                       discharge its responsibilities. See the               Unemployment Insurance
                                               process. This meeting has been                          RSAC Web site for details on prior                    Reauthorization and Job Creation Act of
                                               rescheduled from January 26, 2017, the                  RSAC activities and pending tasks at                  2010 (Pub. L. 111–312), section 305 of
                                               previously announced date. The RSAC                     http://rsac.fra.dot.gov/. Please refer to             the American Taxpayer Relief Act of
                                               meeting topics will include opening                     the notice published in the Federal                   2012 (Pub. L. 112–240), and section 115
                                               remarks from the FRA Associate                          Register on March 11, 1996 (61 FR                     of the Tax Increase Prevention Act of
                                               Administrator for Railroad Safety and                   9740), for additional information about               2014 (Pub. L. 113–295), section 141 of
pmangrum on DSK3GDR082PROD with NOTICES




                                               Chief Safety Officer, as well as a status               the RSAC.                                             the Protecting Americans from Tax
                                               report from the Engineering Task Force.                                                                       Hikes Act (PATH) of 2015. Through the
                                               In addition, FRA will present to the                    Robert C. Lauby,                                      NMTC Program, the CDFI Fund
                                               Committee the consensus                                 Associate Administrator for Railroad Safety,          provides authority to CDEs to offer an
                                               recommendations from the Hazardous                      Chief Safety Officer.                                 incentive to investors in the form of tax
                                               Materials Working Group’s retrospective                 [FR Doc. 2017–08958 Filed 5–3–17; 8:45 am]            credits over seven years, which is
                                               review of certain portions of the                       BILLING CODE 4910–06–P                                expected to stimulate the provision of
                                               Hazardous Materials Regulations, with                                                                         private investment capital that, in turn,


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Document Created: 2017-05-04 01:49:16
Document Modified: 2017-05-04 01:49:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were effective on May 13, 2016. The exemptions expire on May 13, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays.
FR Citation82 FR 20966 

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