Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20873 

WI. The purpose of the project is to 

address emerging pavement and 

structural needs, safety issues and 

design deficiencies while identifying 

methods to accommodate existing and 

projected future traffic volumes; this 

may result in the full reconstruction and 

redesign of the I–43 corridor as well a 

potential new interchange at Highland 

Road. The EIS will evaluate the I–43 

freeway corridor from I–43 at Hwy. 60 

on the north and I–43 at Silver Spring 

Drive on the south, approximately 14 

miles in length. The EIS will also 

evaluate the service interchanges and 

adjacent arterial roads in Milwaukee 

and Ozaukee Counties, including the 

following service interchanges Hwy. 60, 

CTH C, Hwy. 167/Mequon Road, partial 

interchange northbound to Port 

Washington Road and southbound from 

County Line Road, Hwy. 100/Brown 

Deer Road, Good Hope Road, and Silver 

Spring Drive interchanges. The EIS will 

be developed in accordance with 23 

U.S.C. 139, 23 CFR 771, and 40 CFR 

1500–1508. 

Public involvement is a critical 

component of the National 

Environmental Policy Act (NEPA) 

project development process and will 

occur throughout the development of 

the environmental documents. These 

documents will be made available for 

review by federal and state resource 

agencies and the public. Specific efforts 

to encourage involvement by, and solicit 

comments from, minority and lowincome populations in the project study 

area will be made. A series of public 

information meetings will be held 

during the project study. Public notice 

will be given as to the time and place 

of all workshops and public information 

meetings. In addition, a public hearing 

will be held after the completion of the 

Draft EIS. Inquiries related to the I–43 

Corridor project study can be sent to 

DOTI43NorthSouth@dot.wi.gov, and a 

public Web site will be maintained 

throughout the study for public 

comment and information at http:// 

www.sefreeways.org. To ensure that the 

full range of issues related to this 

proposed action are addressed and all 

significant issues identified, comments 

and suggestions are invited from all 

interested parties. Comments and 

questions concerning the proposed 

action and the EIS should be directed to 

the FHWA address provided above. 

Projects receiving Federal funds must 

comply with Title VI of the Civil Rights 

Act and Executive Order 12898 Federal 

Actions to Address Environmental 

Justice in Minority and Low-Income 

Populations. Federal law prohibits 

discrimination on the basis of race, 

color, age, sex, or country of national 

origin in the implementation of this 

project. It is also Federal policy to 

identify and address any 

disproportionately high and adverse 

effects of federal projects on the health 

or environment of minority and lowincome populations to the greatest 

extent practicable and permitted by law. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Issued on: March 29, 2012. 

Bethaney Bacher-Gresock, 

Environmental Program Manager, Federal 

Highway Administration, Madison 

Wisconsin. 

[FR Doc. 2012–8242 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA—2012–0081] 

Qualification of Drivers; Application for 

Exemptions; Implantable Cardioverter 

Defibrillators 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from four individuals for 

an exemption from the prohibition 

against persons with an implantable 

cardioverter defibrillator (ICD) in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs), due to syncope 

or likelihood of causing any loss of 

ability to operate a commercial motor 

vehicle (CMV) safely. FMCSA requests 

public comments on these applications 

for an exemption. If granted, the 

exemption would enable these 

individuals with ICDs to operate CMVs 

in interstate commerce. 

DATES: Comments must be received on 

or before May 7, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–(0081) using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

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

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers 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, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8–785.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Benisse Lester, M.D., Chief Medical 

Officer, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64-( ), 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (TEA– 

21) [Pub. L. 105–178, June 9, 1998, 112 

Stat. 107, 401] as amended 49 U.S.C. 

31315 and 31136(e) provides authority 

to grant exemptions from many of the 

Federal Motor Carrier Safety 

mstockstill on DSK4VPTVN1PROD with NOTICES

20874 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

Regulations (FMCSRs). On August 20, 

2004, FMCSA published a final rule 

implementing section 4007 (69 FR 

51589). Under this rule, FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public with an opportunity to 

inspect the information relevant to the 

application, including any safety 

analyses that have been conducted. The 

Agency must also provide an 

opportunity for public comment on the 

request. 

The Agency reviews the safety 

analyses and the public comments and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to or greater than 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an exemption 

is granted. The notice must also specify 

the effective period of the exemption 

(up to 2 years) and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.315(c) and 381.300(b)). The four 

individuals listed in this notice have 

requested an exemption from the ICD 

prohibition in 49 CFR 391.41(b)(4), 

which applies to drivers who operate 

CMVs as defined in 49 CFR 390.5, in 

interstate commerce. Section 

391.41(b)(4) states that a person is 

physically qualified to drive a 

commercial motor vehicle if that person 

has no current clinical diagnosis of 

myocardial infarction, angina pectoris, 

coronary insufficiency, thrombosis, or 

any other cardiovascular disease of a 

variety known to be accompanied by 

syncope, dyspnea, collapse, or 

congestive cardiac failure. 

FMCSA provides medical advisory 

criteria for use by medical examiners in 

determining whether drivers with 

certain medical conditions, procedures, 

and/or treatments should be certified to 

operate commercial motor vehicles in 

interstate commerce. The advisory 

criteria indicate that: The term ‘‘has no 

current clinical diagnosis of’’ (1) a 

current cardiovascular condition, or (2) 

a cardiovascular condition which has 

not fully stabilized regardless of the 

time limit. The term ‘‘known to be 

accompanied by’’ is designed to include 

a clinical diagnosis of a cardiovascular 

disease (1) which is accompanied by 

symptoms of syncope, dyspnea, collapse 

or congestive cardiac failure; and/or (2) 

which is likely to cause syncope, 

dyspnea, collapse, or congestive cardiac 

failure. 

It is the intent of the FMCSRs to 

render unqualified a driver who has a 

current cardiovascular disease which is 

accompanied by and/or likely to cause 

symptoms of syncope, dyspnea, 

collapse, or congestive cardiac failure. 

However, the subjective decision of 

whether the nature and severity of an 

individual’s condition will likely cause 

symptoms of cardiovascular 

insufficiency rests with the medical 

examiner and the motor carrier. 

The advisory criteria states that 

implantable cardioverter defibrillators 

are disqualifying due to risk of syncope. 

The emphasis should be on the 

underlying medical condition(s) which 

require treatment and the general health 

of the driver. 

In the case of ICDs the underlying 

condition for which the device was 

placed may place the driver at risk for 

syncope or gradual or sudden 

incapacitation that may be likely to 

result in loss of ability to safely control 

a CMV. ICDs also may deploy 

inappropriately, which would result in 

loss of ability to safely control a CMV. 

Individual Applications for 

Exemption—Qualifications 

Donald Hively 

Mr. Hively is a 52 year old 

commercial motor vehicle (CMV) driver 

who holds a class A commercial drivers 

license (CDL) from the state of 

Pennsylvania. Mr. Hively has driven a 

truck for 36 years. He had an ICD placed 

due to ventricular tachycardia and a low 

ejection fraction which improved. The 

device has deployed several times, most 

recently due to ventricular tachycardia 

in October 2011. Mr. Hively would like 

to continue to drive a truck in interstate 

commerce, if he is granted an 

exemption. 

Richard Tadsen 

Mr. Tadsen is a 72 year old CMV 

driver who holds a class B and class D 

CDL from the state of Iowa. Mr. Tadsen 

had an ICD placed in 2009, with a 

history that includes cardiomyopathy, 

low ejection fraction which has 

improved, and hypertension. He would 

like to obtain a CDL and drive a CMV 

in interstate commerce, if granted an 

exemption. 

Richard Freund 

Mr. Freund is a 59 year old CMV 

driver who holds a class C and class D 

CDL from the state of New Jersey. Mr. 

Freund had an ICD placed due to a 

congenital heart condition. His driving 

history has a Driving Under the 

Influence of Alcohol or Drugs (DUI) in 

1988. He would like to obtain a CDL and 

drive a CMV in interstate commerce, as 

a courier transporting small packages for 

distances that are usually less than 100 

miles, if granted an exemption. 

Richard Rusk 

Mr. Rusk is a 53 year old CMV driver 

who holds a class A CDL in Illinois. Mr. 

Rusk had an ICD placed in 2010 as part 

of a clinical trial for sarcoidosis. He has 

had no episode of syncope. The ICD has 

never deployed. His physician states 

that Mr. Rusk is at the lower risk end 

of persons with ICDs. Mr. Rusk would 

like to obtain a CDL and drive a CMV 

in interstate commerce, if granted an 

exemption. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business May 7, 2012. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on: March 29, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8372 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0382] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt seventeen 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

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