Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 533 

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. 

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. 

Conclusion 

Based upon its evaluation of the 

twenty-two exemption applications, 

FMCSA exempts, George T. Beard (VA), 

Gary L. Breitenbach (SC), Matthew J. 

Cipolloni (NJ), Matthew G. Denisov 

(NE), Marlin L. Enquist (SD), Steven W. 

Gerling (IA), Jackie D. Greenlee (MO), 

Justin W. Jackson (OK), Edward L. Keith 

(IL), David T. Kylander (MO), Eugene J. 

Nowicki (MI), Jonathan R. Oskin (PA), 

Kevin A. Perdue (MD), Michael E. Pleak 

(IN), Sarah M. Powell (NM), Michael K. 

Schulist (MI), Christopher C. 

Stephenson (KS), Richard F. VanPelt 

(NY), Michael A. Villareal (AZ), Richard 

L. White (MS), Jon W. Wood (MN) and 

Paul A. Wright (NY) from the ITDM 

requirement in 49 CFR 391.41(b)(3), 

subject to the conditions listed under 

‘‘Conditions and Requirements’’ above. 

In accordance with 49 U.S.C. 31136(e) 

and 31315 each exemption will be 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 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33777 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0367] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

requirement; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from seventeen individuals 

for exemption from the prohibition 

against persons with insulin-treated 

diabetes mellitus (ITDM) operating 

commercial motor vehicles (CMVs) in 

interstate commerce. If granted, the 

exemptions would enable these 

individuals with ITDM to operate CMVs 

in interstate commerce. 

DATES: Comments must be received on 

or before February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0367 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: 1–(202) 493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http://www.

regulations.gov, including any personal 

information provided. Please see the 

Privacy Act heading below for further 

information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://www.

regulations.gov at any time 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. The Federal 

Docket Management System (FDMS) is 

available 24 hours each day, 365 days 

each year. If you want acknowledgment 

that we received your comments, please 

include a self-addressed, stamped 

envelope or postcard or print the 

acknowledgement page that appears 

after submitting comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our 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, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/

E8-785.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-year period if it finds 

‘‘such exemption would likely achieve a 

level of safety that is equivalent to or 

greater than the level that would be 

achieved absent such exemption.’’ The 

statute also allows the Agency to renew 

exemptions at the end of the 2-year 

period. The seventeen individuals listed 

in this notice have recently requested 

such an exemption from the diabetes 

prohibition in 49 CFR 391.41(b)(3) 

which applies to drivers of CMVs in 


emcdonald on DSK5VPTVN1PROD with NOTICES
534 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

interstate commerce. Accordingly, the 

Agency will evaluate the qualifications 

of each applicant to determine whether 

granting the exemption will achieve the 

required level of safety mandated by the 

statutes. 

Qualifications of Applicants 

Randall T. Buffkin 

Mr. Buffkin, age 50, has had ITDM 

since 2011. His endocrinologist 

examined him in 2011 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. His endocrinologist certifies 

that Mr. Buffkin understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Buffkin meets the vision requirements 

of 49 CFR 391.41(b)(10). His optometrist 

examined him in 2011 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A Commercial Driver’s 

License (CDL) from North Carolina. 

Gary L. Camden 

Mr. Camden, 58, has had ITDM since 

2005. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Camden understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Camden meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Indiana. 

Loren A. Cox 

Mr. Cox, 53, has had ITDM since 

2011. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Cox understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Cox meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from New York. 

Dennis D. Dingman 

Mr. Dingman, 63, has had ITDM since 

2001. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Dingman understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Dingman meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class R 

operator’s license from Colorado. 

Daryl F. Gilbertson 

Mr. Gilbertson, 34, has had ITDM 

since 2011. His endocrinologist 

examined him in 2011 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. His endocrinologist certifies 

that Mr. Gilbertson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gilbertson meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Wisconsin. 

Alfred Gutierrez, II 

Mr. Gutierrez, 36, has had ITDM since 

2009. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Gutierrez understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gutierrez meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Oklahoma. 

Matthew D. Hulse 

Mr. Hulse, 42, has had ITDM since 

2010. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Hulse understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hulse meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Kansas. 

Jeremy L. Igert 

Mr. Igert, 35, has had ITDM since 

2008. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Igert understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Igert meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Missouri. 

Neil E. Karvonen 

Mr. Karvonen, 24, has had ITDM 

since 1994. His endocrinologist 

examined him in 2011 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 535 

last 5 years. His endocrinologist certifies 

that Mr. Karvonen understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Karvonen meets the vision requirements 

of 49 CFR 391.41(b)(10). His optometrist 

examined him in 2011 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Washington. 

Damon A. Kruger 

Mr. Kruger, 32, has had ITDM since 

1993. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Kruger understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kruger meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Colorado. 

Bryan R. Lee 

Mr. Lee, 39, has had ITDM since 2010. 

His endocrinologist examined him in 

2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Lee understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Lee meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds an 

operator’s license from Michigan. 

Earl T. Morton 

Mr. Morton, 58, has had ITDM since 

2011. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Morton understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Morton meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Virginia. 

Richard A. Norstebon 

Mr. Norstebon, 54, has had ITDM 

since 2005. His endocrinologist 

examined him in 2011 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. His endocrinologist certifies 

that Mr. Norstebon understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Norstebon meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class D operator’s license 

from North Dakota. 

Donald J. Olbinski 

Mr. Olbinski, 58, has had ITDM since 

2006. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Olbinski understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Olbinski meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Illinois. 

Kevin E. Risley 

Mr. Risley, 50, has had ITDM since 

2010. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Risley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Risley meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Indiana. 

Steven L. Schmenk 

Mr. Schmenk, 54, has had ITDM since 

2009. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Schmenk understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Schmenk meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Benny L. Westbrooks 

Mr. Westbrooks, 60, has had ITDM 

since 2011. His endocrinologist 

examined him in 2011 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. His endocrinologist certifies 

that Mr. Westbrooks understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Westbrooks meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His opthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Texas. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 


emcdonald on DSK5VPTVN1PROD with NOTICES
536 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

1Section 4129(a) refers to the 2003 notice as a 

‘‘final rule.’’ However, the 2003 notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

business on the closing date indicated 

in the date section of the notice. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441).1 The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination 

of the requirement for 3 years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136(e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 

The FMCSA concluded that all of the 

operating, monitoring and medical 

requirements set out in the September 3, 

2003 notice, except as modified, were in 

compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003 notice, 

except as modified by the notice in the 

Federal Register on November 8, 2005 

(70 FR 67777), remain in effect. 

Issued on: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33786 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0301] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt eighteen individuals 

from its rule prohibiting persons with 

insulin-treated diabetes mellitus (ITDM) 

from operating commercial motor 

vehicles (CMVs) in interstate commerce. 

The exemptions will enable these 

individuals to operate CMVs in 

interstate commerce. 

DATES: The exemptions are effective 

January 5, 2012. The exemptions expire 

on January 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, 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: 

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), or you 

may visit http://edocket.access.gpo.gov/ 

2008/pdf/E8-785.pdf. 

Background 

On November 21, 2011, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

eighteen individuals and requested 

comments from the public (76 FR 

72031). The public comment period 

closed on December 21, 2011, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the eighteen 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 eighteen applicants have had 

ITDM over a range of 1 to 31 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 


emcdonald on DSK5VPTVN1PROD with NOTICES