63210 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 

areas. The total length of the project site 

spans approximately 0.4 miles. The 

project is located within the City of 

Anaheim between State Route 91 (SR– 

91) and Interstate 5 (I–5), Orange 

County. The purpose of the project is to 

relieve congestion along the roadway, 

provide continuity in the number of 

lanes on Brookhurst Street, and improve 

drainage along the corridor. The federal 

aid project number is STPL 5055(163). 

The actions by the Federal agency, and 

the laws under which such actions were 

taken, are described in the Final 

Environmental Assessment (FEA) for 

the project, approved on 9/12/14, in the 

FHWA Finding of No Significant Impact 

(FONSI) issued on 9/12/14, and in other 

documents in the FHWA project 

records. The FEA, FONSI, and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. This notice applies to 

all Federal agency decisions as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including but not limited to 

1. Council on Environmental Quality 

Regulations 

2. National Environmental Policy Act 

of 1969, as amended, 42 U.S.C. 4321 et 

seq. 

3. Federal-Aid Highway Act of 1970, 

23 U.S.C. 109 

4. MAP–21, the Moving Ahead for 

Progress in the 21st Century Act (Pub. 

L. 112–141) 

5. Clean Air Act Amendments of 1990 

(CAAA) 

6. Clean Water Act of 1977 and 1987 

7. Federal Water Pollution Control 

Act of 1972 (see Clean Water Act of 

1977 & 1987) 

8. Federal Land Policy and 

Management Act of 1976 

(Paleontological Resources) 

9. Noise Control Act of 1972 

10. Safe Drinking Water Act of 1944, 

as amended 

11. Endangered Species Act of 1973 

12. Executive Order 11990, Protection 

of Wetlands 

13. Executive Order 13112, Invasive 

Species 

14. Executive Order 13186, Migratory 

Birds 

15. Fish and Wildlife Coordination 

Act of 1934, as amended 

16. Migratory Bird Treaty Act 

17. Water Bank Act Wetlands 

Mitigation Banks, ISTEA 1991, Sections 

1006–1007 

18. Wildflowers, Surface 

Transportation and Uniform Relocation 

Act of 1987 Section 130 

19. Coastal Zone Management Act of 

1972 

20. Coastal Zone Management Act 

Reauthorization Amendments Of 1990 

21. Executive Order 11988, 

Floodplain Management 

22. Department of Transportation 

(DOT) Executive Order 5650.2— 

Floodplain Management and Protection 

(April 23, 1979) 

23. Rivers and Harbors Appropriation 

Act of 1899, Sections 9 and 10 

24. Title VI of the Civil Rights Act of 

1964, as amended 

25. Executive Order 12898, Federal 

Actions to Address Environmental 

Justice and Low-Income Populations 

(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.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: October 10th, 2014. 

Cesar Perez, 

Senior Transportation Engineer, Federal 

Highway Administration, Sacramento, 

California. 

[FR Doc. 2014–25099 Filed 10–21–14; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2014–0019] 

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 56 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 August 14, 2014. The exemptions 

expire on September 15, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, R.N., Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., 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: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

Privacy Act Statement for the Federal 

Docket Management System (FDMS) 

published in the Federal Register on 

January 17, 2008 (73 FR 3316). 

II. Background 

On August 14, 2014, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

56 individuals and requested comments 

from the public (79 FR 47702). The 

public comment period closed on 

September 15, 2014, and seven 

comments were received. 

FMCSA has evaluated the eligibility 

of the 56 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 

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Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63211 

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 56 applicants have had ITDM 

over a range of 1 to 48 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 August 

14, 2014, Federal Register notice and 

they will not be repeated in this notice. 

IV. Discussion of Comments 

FMCSA received seven comments in 

this proceeding. The comments are 

discussed below. 

E. Fajardo, Eman Saaidi, and three 

anonymous commenters are in favor of 

granting all drivers included in this 

notice an exemption from the diabetes 

standard. 

Rayman Al-Omeri is in favor of 

granting Ahmed Ali an exemption from 

the diabetes standard. 

Richard Woodall is in favor of 

granting Raymond Lucero an exemption 

from the diabetes standard. 

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 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

VII. Conclusion 

Based upon its evaluation of the 56 

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 N. Bohn (MN) 

Jonathan Bona (NJ) 

Vincent M. Branch (VA) 

Perry C. Bullis (PA) 

Christopher J. Burkhart (MO) 

James E. Cantrell, Jr. (AL) 

Kristy S. R. Clark (VA) 

Royce N. Cordova (WA) 

Robert Curry (NY) 

Bradley C. Dunlap (IL) 

John C. Fisher III (PA) 

Kenneth W. Foster (IN) 

Andrew C. Frykholm (MA) 

Lyle O. Gahler (MN) 

John A. Gillingham (PA) 

Ronald L. Glade (IL) 

Brent C. Godshalk (IN) 

Robert L. Gordon (IL) 

Jeffrey R. Harnack (MN) 

Daniel E. Harris (IL) 

Elefterios Hatzigeorgalis (MD) 

Drew J. Holtan (MN) 

Randy S. Holz (IA) 

Joseph C. House (AL) 

Kenneth B. Huff (PA) 

Henderson R. Hughes (NY) 

Levi N. Hutchinson (PA) 

Joseph T. Ingiosi (MI) 

Michael J. Javenkoski (MN) 

Katlin W. Johnson (LA) 

Don L. Jorgensen (WY) 

Steven T. Juhl (MN) 

Christopher D. Lacasse, Sr. (MA) 

Raymond S. Lucero (NM) 

Richard M. Mackey (TX) 

Kevin J. McGrath (MA) 

Jerry W. Murphy (MS) 

Christopher D. Murray (CA) 

Robert D. Noe (IL) 

Kyle W. Parker (CA) 

Eric D. Roberts (MI) 

Gary L. Roberts (CT) 

Tommy A. Rollins (GA) 

Janice M. Rowles (PA) 

William B. Rupert, Jr. (PA) 

Ahmed A. Saleh (MI) 

Robert M. Schmitz (IA) 

David C. Schultze (MN) 

Brian R. Schwint (IA) 

Dicky W. Shuttlesworth (TX) 

Bryce J. Smith (UT) 

David R. Sprenkel (PA) 

Jeffrey R. Stevens (PA) 

David W. Taggart (PA) 

Artilla M. Thomas (IL) 

William C. Tomlinson (GA) 

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: October 10, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–25134 Filed 10–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0297] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

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