45204 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 

from specified requirements of Title 14 

of the Code of Federal Regulations. The 

purpose of this notice is to improve the 

public’s awareness of, and participation 

in, the FAA’s exemption process. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before August 1, 

2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2016–2706 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: 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. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Nia Daniels, 800 

Independence Avenue SW., 

Washington, DC 20591, (202) 267–7626. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on June 29, 

2016. 

Dale Bouffiou, 

Deputy Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2016–2706. 

Petitioner: Ameristar Air Cargo, Inc. 

Section of 14 CFR Affected: 121.436. 

Description of Relief Sought: 

Ameristar Air Cargo, Inc. (Ameristar) 

seeks an exemption to allow experience 

gained as a pilot in command (PIC) 

under part 121 prior to July 31, 2013, to 

count towards the experience 

requirement of § 121.436(a)(3), even 

though the pilot was not serving as PIC 

in part 121 operations on that date. The 

FAA has previously granted similar 

relief in response to petitions from 

individual airmen. Ameristar requests 

that this relief be granted to the air 

carrier so that any pilot employed by 

Ameristar with prior part 121 PIC 

experience could use that time towards 

the § 121.436(a)(3) requirement, if 

needed. 

[FR Doc. 2016–16412 Filed 7–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. 2016–50] 

Petition for Exemption; Summary of 

Petition Received; (Southwest Airlines 

Company) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Title 14 

of the Code of Federal Regulations. The 

purpose of this notice is to improve the 

public’s awareness of, and participation 

in, the FAA’s exemption process. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before August 1, 

2016. 

ADDRESSES: Send comments identified 

by docket number (FAA–2002–11485) 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: 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. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Nia Daniels, 800 

Independence Ave. SW., Washington, 

DC 20591, (202) 267–7626. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on June 29, 

2016. 

Dale Bouffiou, 

Deputy Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2002–11485. 

Petitioner: Southwest Airlines 

Company. 

Section of 14 CFR Affected: 

121.434(c)(1)(ii). 

Description of Relief Sought: 

Southwest Airlines Company 

(Southwest) requests an amendment to 

Exemption No. 7132 which permits 

Southwest to substitute a qualified and 

authorized check airman in place of an 

FAA inspector to observe a qualifying 

pilot in command (PIC) during at least 

one flight leg that includes a takeoff and 

a landing while that PIC is completing 

the initial or upgrade training. 

Southwest seeks an amendment to 

delete Condition and Limitation No. 1.b. 

of the exemption to remove the 

requirement that the qualifying PIC 

candidate has completed no less than 10 

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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45205 

hours of supervised operating 

experience and no fewer than two 

landings. 

[FR Doc. 2016–16413 Filed 7–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2015–0338] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA confirms its decision 

to exempt 44 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 January 14, 2016. The exemptions 

expire on January 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

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. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/or Room 

W12–140 on the ground level of the 

West Building, 1200 New Jersey Avenue 

SE., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to 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 December 14, 2015, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

44 individuals and requested comments 

from the public (80 FR 77408). The 

public comment period closed on 

January 13, 2016. 

FMCSA has evaluated the eligibility 

of the 44 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). 

III. 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 44 applicants have had ITDM 

over a range of 1 to 37 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 December 

14, 2015, Federal Register notice and 

they will not be repeated in this notice. 

IV. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

V. 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. 

VI. 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 selfemployed. The driver must also have a 

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