73946 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other federal agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

Agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the Interstate 43 (I–43) 

Freeway Improvement Project in 

Milwaukee and Ozaukee Counties, 

Wisconsin. Those actions grant 

approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). 

Claims seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before May 11, 2015. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 150 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

George Poirier, Division Administrator, 

FHWA, 525 Junction Road, Suite 8000, 

Madison, Wisconsin 53717; telephone: 

(608) 829–7500. The FHWA Wisconsin 

Division’s normal office hours are 7 a.m. 

to 4 p.m. central time. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing approvals for the following 

highway project: I–43 Freeway 

Improvement Project from Silver Spring 

Drive to Wisconsin 60 (WIS 60) in 

Milwaukee and Ozaukee Counties, 

Wisconsin. 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. The 

project also strives to minimize impacts 

to the natural, cultural and built 

environment to the extent feasible and 

practicable. The project will widen the 

existing I–43 four-lane divided highway 

to a six-lane divided highway for 

approximately 14 miles from Silver 

Spring Drive to WIS 60. The scope of 

the proposed action includes rebuilding 

the mainline roadway, bridges, and 

interchanges; replacing the existing 

partial interchange at County Line Road 

with a full-access interchange; 

constructing a new interchange at 

Highland Road; reconstructing local 

streets affected by the freeway 

reconstruction; and enhancing the 

aesthetic appearance of the 

reconstructed freeway. 

The actions by the Federal agencies 

on this project, and the laws under 

which such actions were taken, are 

described in the combined Record of 

Decision (ROD) and Final 

Environmental Impacts Statement 

(FEIS) approved on November 25, 2014, 

and in other documents in the FHWA 

administrative record. The combined 

ROD and FEIS was prepared pursuant to 

the Moving Ahead for Progress in the 

21st Century Act (MAP–21), Public Law 

112–141, § 1319, 126 Stat. 405 (2012). 

The combined ROD and FEIS, and 

other documents in the administrative 

record are available by contacting 

FHWA at the address provided above. 

The combined ROD and FEIS can be 

downloaded from the project Web site at 

http://www.dot.wisconsin.gov/projects/

seregion/43/index.htm; or viewed at 

offices of local governments and 

transportation agencies in the project 

area; or at the following public libraries: 

Whitefish Bay Public Library (5420 N. 

Marlborough Dr., Whitefish Bay, WI), 

North Shore Public Library (6800 N. 

Port Washington Rd., Glendale, WI), 

Frank L. Weyenberg Library (11345 N. 

Cedarburg Rd., Mequon, WI), and U.S.S. 

Liberty Memorial Public Library (1620 

11th Ave., Grafton, WI). 

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. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351], Federal-Aid Highway Act [23 

U.S.C. 109, 23 U.S.C. 128, and 23 U.S.C. 

139]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q) and 23 U.S.C. 109(j)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [23 U.S.C. 138 and 49 U.S.C. 303]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Fish and Wildlife Coordination 

Act [16 U.S.C. 661–667(d)], Migratory 

Bird Treaty Act [16 U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)], Uniform Relocation 

Assistance and Real Property 

Acquisition Act of 1970 [42 U.S.C. 4601 

et seq. as amended by the Uniform 

Relocation Act Amendments of 1987 

[Pub. L. 100–17]. 

7. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, and Section 319) [33 U.S.C. 1251– 

1376]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands, E.O. 11988 

Floodplain Management, E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations, E.O. 13175 Consultation 

and Coordination with Indian Tribal 

Governments, E.O. 11514 Protection and 

Enhancement of Environmental Quality, 

E.O. 13112 Invasive Species. 

(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), as amended 

by Moving Ahead for Progress in the 21st 

Century Act (MAP–21), Public Law 112–141, 

§ 1308, 126 Stat. 405 (2012). 

Issued on: December 2, 2014. 

George R. Poirier, 

Division Administrator, Madison, Wisconsin. 

[FR Doc. 2014–28922 Filed 12–11–14; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2014–0021] 

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 78 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 October 21, 2014. The exemptions 

expire on October 21, 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: 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 73947 

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 September 18, 2014, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

78 individuals and requested comments 

from the public (79 FR 56107). The 

public comment period closed on 

October 20, 2014, and four comments 

were received. 

FMCSA has evaluated the eligibility 

of the 78 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 78 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 

September 18, 2014, Federal Register 

notice and they will not be repeated in 

this notice. 

IV. Discussion of Comments 

FMCSA received four comments in 

this proceeding. The comments are 

discussed below. 

Gregory Witt believes that drivers 

should be granted an exemption if a 

doctor is satisfied that their diabetes is 

adequately controlled by medication. 

Ashley Warren opposes the ruling in 

FMCSA–2014–0021 because she does 

not believe drivers are required to 

receive medical examinations more than 

every two years. As described in 

‘‘Section VI. Conditions and 

Requirements’’ in this document, all 

drivers must submit quarterly and 

annual evaluations from a board-eligible 

or board-certified endocrinologist each 

year throughout the duration of the 

exemption, as well as annual 

evaluations from an optometrist or 

ophthalmologist (if the driver has 

diabetic retinopathy, the evaluation 

must be completed by an 

ophthalmologist). In addition, exempted 

drivers are required to receive an annual 

DOT physical examination to ensure 

that they meet all other medical 

standards not related to ITDM. 

Daniel Adams submitted two 

comments addressing Ashley Warren’s 

comment, explaining the many 

evaluations drivers are required to 

submit throughout the duration of their 

exemption period. 

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 78 

exemption applications, FMCSA 

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73948 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 

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)): 

Daniel S. Adams (ME) 

Michael L. Agnitsch (NE) 

Shaun M. Aguayo (TX) 

Earl W. Avery (TN) 

Douglas W. Baker, Sr. (VA) 

Michael A. Baker (CT) 

Douglas E. Barron (SC) 

Pablo H. Bilbao La Vieja Pozo (RI) 

Todd D. Bloomfield (WA) 

Sylvester G. Clements, Jr. (WI) 

Fred W. Click (IN) 

Kenneth M. Coco (TX) 

Christopher R. Cook (NY) 

Wygila M. Corliss (NM) 

Timothy J. Cornish (OH) 

Joshua D. Cresswell (NH) 

Evan R. Dieken (MN) 

Greg B. Duck (TX) 

Arthur J. Dunn (PA) 

Richard A. Durr (IL) 

Daniel R. Eloff (OH) 

Thomas O. Everett (WA) 

Victor J. Flowers (CA) 

Brian K. Forrest (PA) 

David S. Fortune (VA) 

Michael S. Frederick (NJ) 

Peter E. Ganss (KS) 

David E. Gates (MA) 

Timothy L. Grant (NC) 

James T. Heck (MN) 

Rodney J. Hendricks (ID) 

Marcus T. Herring (CA) 

Charles R. Hoit (MO) 

Jason L. Hubbard (MD) 

Andy L. Hughes (IL) 

Jammie L. Hughes (OH) 

Charles J. Hurley (MN) 

Rodney L. Johnson (OR) 

Frederick B. Jones (TX) 

Tito D. Jones (GA) 

Scott M. Klain (OR) 

Jeffrey P. Kloeckl (SD) 

John J. Kress (AZ) 

Russell A. Krogstad (MN) 

John B. Lebherz (TX) 

Alan S. Lewis (NM) 

William M. Linskey (MA) 

Jason D. Lowder (OH) 

Arnold V. Magaoay (HI) 

Norman C. Mallett (AR) 

Patrick Marcantuono (NJ) 

Daniel E. McDonald (MN) 

William F. McQueen, Jr. (MO) 

Kenneth M. Miller (ID) 

William F. Mitchell (CT) 

Donald L. Mitzel (PA) 

Gino P. Monterio (WI) 

Matthew K. Morrison (UT) 

Gary R. Nelson (MN) 

Edward L. Norfleet (AL) 

Kyle R. Perry (PA) 

Michael L. Plinski (WA) 

Scott A. Porter (WA) 

James A. Rambo (VA) 

Rondo L. Rininger (IN) 

Richard D. Sandison (ND) 

Calvin R. Smith (IL) 

Wesley J. Summerville (PA) 

Jeffrey S. Thomas (PA) 

Stephen M. Thompson (GA) 

Randy L. Triplett (OH) 

John E. Trygstad (SD) 

Jared M. Wabeke (MI) 

Steven R. Weir (MA) 

Donald D. Willard (IA) 

Gary W. Wozniak (NE) 

Steven L. Yokom (ID) 

Daniel R. Zuriff (MN) 

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: December 5, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–29152 Filed 12–11–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2014–0115] 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

In accordance with Part 235 of Title 

49 Code of Federal Regulations (CFR) 

and 49 U.S.C. 20502(a), this document 

provides the public notice that by a 

document dated October 22, 2014, 

Norfolk Southern Corporation (NS) has 

petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of a signal system. FRA assigned the 

petition Docket Number FRA–2014– 

0115. 

Applicant: Norfolk Southern 

Corporation, Mr. Brian L. Sykes, Chief 

Engineer C&S Engineering, 1200 

Peachtree Street NE., Atlanta, GA 

30309. 

NS seeks approval of the proposed 

discontinuance of a traffic control 

system (TCS) on the Winding Gulf 

Branch between Horsepen, Milepost 

(MP) WG 6.5 and Tams, MP WG 12.1, 

near Amigo, WV. 

The reason given for the proposed 

changes is that the TCS is no longer 

desirable or needed to handle current 

train operations. The TCS will be 

discontinued and replaced with NS 

Rule 171 for track authority operation. 

CP Horsepen will be renewed, and fixed 

approach signals will be installed, in 

approach to the start of TCS territory. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by January 

26, 2015 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

mstockstill on DSK4VPTVN1PROD with NOTICES