Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 2479 

accumulating 120,000 miles, and 

tractor-trailer combinations for 4 years, 

accumulating 100,000 miles. He holds a 

Class AM CDL from Pennsylvania. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

III. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice, indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so the Agency can contact you if it has 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number FMCSA–2014–0300 in 

the ‘‘Keyword’’ box, and click ‘‘Search. 

When the new screen appears, click on 

‘‘Comment Now!’’ button and type your 

comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and insert 

the docket number. 

FMCSA–2014–0300 in the ‘‘Keyword’’ 

box and click ‘‘Search.’’ Next, click 

‘‘Open Docket Folder’’ button and 

choose the document listed to review. If 

you do not have access to the Internet, 

you may view the docket online by 

visiting the Docket Management Facility 

in Room W12–140 on the ground floor 

of the DOT West Building, 1200 New 

Jersey Avenue SE., Washington, DC 

20590, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

Issued on: January 2, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–00602 Filed 1–15–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2014–0308] 

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 52 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 9, 2014. The exemptions 

expire on December 9, 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: 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 7, 2014, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

52 individuals and requested comments 

from the public (79 FR 66451). The 

public comment period closed on 

December 8, 2014, and one comment 

was received. 

FMCSA has evaluated the eligibility 

of the 52 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 52 applicants have had ITDM 

over a range of 1 to 38 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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
2480 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 

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 

7, 2014, Federal Register notice and 

they will not be repeated in this notice. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment is discussed 

below. 

Erik Lane stated that he wanted the 

exemption process to move faster as he 

has been unable to work. 

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 

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 52 

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)): 

Travis L. Beck (OH) 

Corey C. Bennett (MS) 

Richard C. Bennett (MA) 

Nicholas J. Borelli (NJ) 

Bobby L. Brown (MO) 

Elvis P. Butler (TN) 

John H. Butler (OH) 

Michael E. Calvert (TX) 

Keith J. Cole (WI) 

Kevin E. Conti (OH) 

Marsh L. Daggett (TX) 

Daniel D. Eisenbise (OK) 

Callie W. Freeman (NC) 

Brandy D. Green (OK) 

Chad E. Hales (UT) 

Dennis L. Hooyman (WI) 

Lorenza K. Jefferson (VA) 

Edward Johnson (TN) 

William O. Johnson, Jr. (IN) 

Michael E. Kroll (WI) 

Thomas J. LaPointe (MA) 

Matthew A. Lind (PA) 

Cynthia A. Martindale (UT) 

Isolina Matos (NJ) 

Rex D. McManaway (IL) 

Steven A. Metternick (MI) 

Daniel P. Miller (PA) 

James K. Ollerich (SD) 

Scott B. Olson (ND) 

Raymond E. Pawloski (MI) 

Rodney D. Pedersen (MN) 

Loren A. Pingel (CO) 

Douglas S. Pitcher (NY) 

John E. Pringle (WA) 

Terrence A. Proctor (MD) 

Salvador Ramirez, Jr. (IL) 

Heber E. Rodriguez (VA) 

Ethan T. Roy (OH) 

Emily J. Runde (WA) 

Jerome E. Schwarz (KS) 

Lukas N. Skutnik (NE) 

Daniel C. Sliman (OH) 

Jeffrey A. Sturgill (OH) 

Maurice S. Styles (MN) 

Steven M. Theys (WI) 

Richard J. Thomas (IN) 

Kevin E. Tucker (WV) 

Robert Vassallo (NY) 

Clifford L. White (KS) 

Jason L. Woody (KS) 

John A. Yarde (IL) 

Wesley B. Yokum (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 8, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–00609 Filed 1–15–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 1122X] 

Ouachita Railroad, Inc.—Abandonment 

Exemption—in Union County, Ark., and 

Union Parish, La. 

Ouachita Railroad, Inc. (Ouachita) has 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F– 

Exempt Abandonments to abandon an 

approximately 13.4-mile line of railroad 

between milepost 112, near Junction 

City, in Union County, Ark., and 

milepost 125.4, near Lillie, in Union 

Parish, La. (the Line). The Line traverses 

United States Postal Service Zip Codes 

71749 and 71256. 

Ouachita has certified that (1) no local 

traffic has moved over the Line for at 

least two years; (2) the line is stubended and not capable of handling 

overhead traffic; (3) no formal complaint 

filed by a user of rail service on the Line 

(or by a state or local government entity 

acting on behalf of such user) regarding 

cessation of service over the Line is 

pending with the Surface 

Transportation Board (Board) or with 

any U.S. District Court or has been 

decided in favor of a complainant 

within the two-year period; and (4) the 

requirements at 49 CFR 1105.7(c) 

(environmental report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES