Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63219 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2014–0020] 

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 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 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 

46 individuals and requested comments 

from the public (79 FR 47711). The 

public comment period closed on 

September 15, 2014, 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). 

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 46 applicants have had ITDM 

over a range of 1 to 43 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 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 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

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63220 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 

VII. 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 949 CFR 

391.64(b)): 

James M. Brooks (VA) 

Gary L. Brown (PA) 

Richard E. Campney (IA) 

Steven J. Causie (MI) 

Wesley A. Chain (TX) 

Richard M. Cohen (NJ) 

Alex A. Comella (NJ) 

Jeffrey R. Courtright (CO) 

Dwayne P. Daniels (PA) 

James T. Dodge (CO) 

Richard D. Domingo (NV) 

John J. Dominguez (TX) 

Mark S. Duda (PA) 

Vernon L. Fulton, Jr. (OR) 

Gary W. Giles (TX) 

Benny B. Gonzales (TX) 

Jerry W. Gott (IA) 

James L. Hummel (WA) 

Matthew J. Jensen (MN) 

Joseph A. Kipus (OH) 

Kevin L. Kreakie (OH) 

Gerald D. Layton (TX) 

Steve F. Levicoff (PA) 

Kevin C. Lewis (LA) 

Timothy M. Malo (ME) 

Paul J. Marshall (UT) 

David L. Mc Donald (IL) 

Thomas K. Miszler (PA) 

Rusty A. Neal (IL) 

Jacob B. Newman (GA) 

Duke R. Pendergraft (TX) 

Timothy K. Price (WV) 

Michael C. Prue (ME) 

Juan C. Rodriguez-Martinez (CA) 

Bradlee R. Saxby (IL) 

Barry L. Schwab (MI) 

Geoffrey E. Showaker (PA) 

Nicholas J. Shultz (IN) 

Kevin J. Sparks (ME) 

George E. Thompson (NJ) 

Dale W. Tucker (VA) 

William C. Vickery (NY) 

Cheryl L. Weber Gambill (IL) 

Robert A. Whitcomb (MA) 

Rodney L. Wichman (IL) 

Richard D. Wiegartz (IL) 

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. 2014–25128 Filed 10–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35861] 

California High Speed Rail Authority— 

Petition for Declaratory Order 

On October 9, 2014, the California 

High-Speed Rail Authority (Authority) 

filed a petition requesting that the Board 

issue a declaratory order regarding the 

availability of injunctive remedies 

under the California Environmental 

Quality Act (CEQA) to prevent or delay 

construction of an approximately 114- 

mile high-speed passenger rail line 

between Fresno and Bakersfield, Cal. 

(the Line). The Board authorized 

construction of the Line, subject to 

certain conditions, in California HighSpeed Rail Authority—Construction 

Exemption—in Fresno, Kings, Tulare, & 

Kern Counties, California, FD 35724 

(Sub-No. 1) (STB served August 12, 

2014) (Vice Chairman Miller concurring 

and Commissioner Begeman dissenting). 

The Authority states that seven lawsuits 

have been filed against the Authority 

challenging its compliance with CEQA 

with respect to the Line and that the 

lawsuits seek injunctive remedies under 

CEQA that would prevent or delay 

construction of the Line. The Authority 

argues that 49 U.S.C. 10501(b) would 

preempt such CEQA remedies because 

injunctive relief would enjoin 

construction of a Board-authorized 

project. 

The Authority has requested that the 

Board issue an expedited declaratory 

order by November 20, 2014. The first 

case management conference for the 

lawsuits is scheduled for November 21, 

2014, and the Authority claims that a 

declaratory order issued before that 

conference would remove uncertainty 

regarding the CEQA injunctive remedies 

available to the litigants. The Authority 

states that it served a copy of its petition 

on all counsel of record in the lawsuits. 

The Board has discretionary authority 

under 5 U.S.C. 554(e) and 49 U.S.C. 721 

to issue a declaratory order to eliminate 

a controversy or remove uncertainty. 

Here, it is appropriate to institute a 

declaratory order proceeding so that the 

Board can consider the issues raised in 

the Authority’s petition regarding 

whether 10501(b) would preempt CEQA 

injunctive remedies regarding the Line. 

The Board will therefore institute a 

proceeding to consider the matter. 

Interested persons may file substantive 

replies to the Authority’s petition by 

November 6, 2014. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. A declaratory order proceeding is 

instituted. 

2. Interested persons may file 

substantive replies to the Authority’s 

petition by November 6, 2014. 

3. This decision is effective on its 

service date. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–25130 Filed 10–21–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

October 17, 2014. 

The Department of the Treasury will 

submit the following information 

collection requests to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, Public Law 104–13, on or after the 

date of publication of this notice. 

DATES: Comments should be received on 

or before November 21, 2014 to be 

assured of consideration. 

ADDRESSES: Send comments regarding 

the burden estimates, or any other 

aspect of the information collections, 

including suggestions for reducing the 

burden, to (1) Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attention: 

Desk Officer for Treasury, New 

Executive Office Building, Room 10235, 

Washington, DC 20503, or email at 

OIRA_Submission@OMB.EOP.gov and 

(2) Treasury PRA Clearance Officer, 

1750 Pennsylvania Ave. NW., Suite 

8141, Washington, DC 20220, or email 

at PRA@treasury.gov. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the submissions may be 

obtained by emailing PRA@treasury.gov, 

calling (202) 622–1295, or viewing the 

entire information collection request at 

www.reginfo.gov. 

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