6332 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 

William H. Mowery (IA) 

Tyna M. Murphy (PA) 

Ojuang Okello (MN) 

Jose A. Ortega (IL) 

Troy D. Ostrowski (MN) 

Terry G. Parker (OR) 

Anthony T. Quaglieri (NJ) 

Antonio Ramos (RI) 

Robert G. Rosenbaum (IN) 

Robert N. Ruhs (IA) 

Louis A. Scandurro (LA) 

Casey C. Small (CA) 

Michael J. Soto (MI) 

Ralph L. Staples (NY) 

Ford J. stevens, Jr. (MA) 

Donald T. Streich (WA) 

Dale A. Stydinger (PA) 

Raymond E. Thomason (CA) 

Robert M. Wright (PA) 

Joe L. Zamora (TX) 

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: January 19, 2016. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2016–02300 Filed 2–4–16; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2015–0337] 

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 December 29, 2015. The exemptions 

expire on December 29, 2017. 

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 November 27, 2015, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

44 individuals and requested comments 

from the public (80 FR 74190). The 

public comment period closed on 

December 28, 2015, and no comments 

were received. 

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). 

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 32 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 November 

27, 2015, 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 6333 

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 selfemployed. 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 44 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above 949 CFR 

391.64(b)): 

Michael E. Adrieansen (IL) 

David A. August (CO) 

Samuel M. Balis (PA) 

Dwight J. Banks (IL) 

David R. Bauman, III (MI) 

George E. Britt (PA) 

Cris A. Brown (MI) 

Dustin D. Brown (WI) 

Thomas W. Camp (VA) 

Nathan G. Carnes (OR) 

Vincenzo A. Cortese (CT) 

Vernon L. Davidson (NE) 

Damian DiFlorio (NJ) 

Matthew D. Fox (IN) 

Sammy N. Fox (PA) 

Chadwick E. Gainey (FL) 

Jamal A. George (OH) 

John M. Halm (WA) 

William R. Hardy (MI) 

Craig A. Hendrickson (IL) 

William D. Hoopes (OH) 

Jeffrey L. Jones (AR) 

Brent S. LaBree, II (VT) 

Michael C. Landers (MA) 

Duane F. Light (CT) 

Darold W. Mahlstedt (IA) 

Robert L. McConnell (PA) 

Mark R.S. McMillan (NY) 

Keith R. Miller (WV) 

Randall T. Mitchell (AL) 

Ernest Nez, Sr. (AZ) 

Shawn P. O’Malley (WA) 

Felipe N. Perez (FL) 

Kenneth W. Phillips (IN) 

Tony L. Prouty (IA) 

Jim T. Repass (IN) 

Jakob K. Siler (OK) 

Darren G. Steil (IA) 

Steven P. Stokke (WI) 

Richard E. Wagner (MN) 

Harold W. Welch (NE) 

John F. Wesoloski, Jr. (ND) 

Levon Wright, Sr. (FL) 

Tadeusz S. Wrzesinski (PA) 

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: January 19, 2016. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2016–02298 Filed 2–4–16; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice To Rescind Notice of Intent To 

Prepare an Environmental Impact 

Statement Virginia Beach Transit 

Extension Study, Virginia 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Rescind Notice of Intent (NOI) 

to prepare an Environmental Impact 

Statement (EIS). 

SUMMARY: FTA in cooperation with 

Hampton Roads Transit (HRT) is issuing 

this notice to advise the public that the 

NOI to prepare an EIS for the Virginia 

Beach Transit Extension Study (VBTES) 

is being rescinded. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ryan Long, Community Planner, 

Federal Transit Administration Region 

III, 1760 Market St, Suite 500 

Philadelphia, PA 19103, phone 215– 

656–7051, email ryan.long@dot.gov. 

SUPPLEMENTARY INFORMATION: FTA, as 

the lead Federal agency, and HRT, as 

the project sponsor, published an NOI 

in the Federal Register on August 14, 

2013 (FR Volume 78, Number 157) to 

prepare an EIS for the VBTES. The 

VBTES EIS evaluated extending transit 

service from the eastern terminus of 

HRT’s existing Light Rail Transit (LRT) 

system, ‘‘The Tide,’’ at Newtown Road 

in Norfolk to the Virginia Beach 

oceanfront. The extension would travel 

either along the former Norfolk 

Southern Railroad right-of-way (NSRR 

ROW) that runs from Newtown Road to 

Birdneck Road, or along the NSRR ROW 

to Laskin Road then onto Birdneck Road 

and terminating at the Virginia Beach 

oceanfront. 

HRT was intending to seek Capital 

Investment Grant Program (CIG) funding 

from FTA for one or more of the 

alternatives that were examined in the 

Draft EIS. The CIG program, more 

commonly known as the New Starts, 

Small Starts, and Core Capacity 

program, involves a multi-year, multistep process that project sponsors must 

complete before a project is eligible for 

funding. The steps in the process and 

the basic requirements of the program 

can be found on FTA’s Web site at 

www.fta.dot.gov. 

Since FTA approval of the Draft EIS 

on March 3, 2015, HRT has re-examined 

funding options and elected to not 

pursue the CIG program or other Federal 

transportation funding. Therefore, FTA 

is rescinding the August 14, 2013 NOI. 

Comments and questions concerning 

this notice should be directed to FTA at 

the address provided above. 

Terry Garcia Crews, 

Regional Administrator, FTA Region III. 

[FR Doc. 2016–02200 Filed 2–4–16; 8:45 am] 

BILLING CODE P 

mstockstill on DSK4VPTVN1PROD with NOTICES