10612 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

operator’s license from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Gilbert M. Rosas 

Mr. Rosas, 44, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/100. 

Following an examination in 2011, his 

optometrist noted, ‘‘I certify that patient 

Gilbert Rosas has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rosas reported that he has driven 

straight trucks for 14 years, 

accumulating 1.1 million miles and 

tractor-trailer combinations for 3 years, 

accumulating 150,000 miles. He holds a 

Class A CDL from Arizona. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Kim A. Shaffer 

Mr. Shaffer, 61, has a prosthetic right 

eye due to a traumatic injury sustained 

as a child. The best corrected visual 

acuity in his left eye is 20/20. Following 

an examination in 2011, his optometrist 

noted, ‘‘This patient has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Shaffer reported that he 

has driven tractor-trailer combinations 

for 40 years, accumulating 1.4 million 

miles. He holds a Class A CDL from 

Pennsylvania. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Larry W. Slinker 

Mr. Slinker, 59, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/200 and in his left eye, 20/20. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘In my opinion, 

he should be able to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Slinker reported that he 

has driven tractor-trailer combinations 

for 2 years, accumulating 280,000 miles 

and buses for 2 years, accumulating 

41,600 miles. He holds a Class A CDL 

from Virginia. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Lonnie J. Supanchick 

Mr. Supanchick, 59, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/25, and in 

his left eye, 20/150. Following an 

examination in 2011, his optometrist 

noted, ‘‘In my opinion, Mr. Lonnie 

Supanchick has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Supanchick reported that he has driven 

straight trucks for 11 years, 

accumulating 137,500 miles and tractortrailer combinations for 10 years, 

accumulating 175,000 miles. He holds a 

Class B CDL from Nevada. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Gerald W. Warner 

Mr. Warner, 20, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/70 and in his left eye, 20/20. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘In my 

professional opinion, Mr. Warner has 

sufficient vision to operate a 

commercial vehicle and to perform the 

driving tasks required.’’ Mr. Warner 

reported that he has driven straight 

trucks for 32 years, accumulating 

480,000 miles and tractor-trailer 

combinations for 32 years, accumulating 

1.6 million miles. He holds a Class A 

CDL from Ohio. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

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. The Agency will consider all 

comments received before the close of 

business March 23, 2012. Comments 

will be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

monitor the public docket for new 

material. 

Issued on: February 10, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3991 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0382] 

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 17 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 March 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0382 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, 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10613 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, 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 17 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 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 

Rick J. Birdsall 

Mr. Birdsall, age 41, 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. Birdsall understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a Commercial Motor 

Vehicle (CMV) safely. Mr. Birdsall 

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 Nebraska. 

Robert E. Bruso 

Mr. Bruso, 58, 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. Bruso understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bruso meets the vision 

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

His ophthalmologist examined him in 

2012 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from New York. 

Roy Crabtree 

Mr. Crabtree, 72, 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. Crabtree understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Crabtree 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. Drake 

Mr. Drake, 43, has had ITDM since 

2002. 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. Drake understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Drake 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 California. 

Benjamin J. Duea 

Mr. Duea, 37, 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. Duea understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Duea 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 Minnesota. 

Steven E. Greer 

Mr. Greer, 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. Greer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Greer meets the vision 

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

His ophthalmologist examined him in 

2012 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from 

Minnesota. 

Jonathan E. Hunsaker 

Mr. Hunsaker, 55, has had ITDM since 

2004. 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 


srobinson on DSK4SPTVN1PROD with NOTICES
10614 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Hunsaker understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hunsaker 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 Oregon. 

Michael L. Jones 

Mr. Jones, 34, has had ITDM since 

2003. 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. Jones understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Jones 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 C 

operator’s license from North Carolina. 

William D. Larsen 

Mr. Larsen, 63, has had ITDM since 

2000. 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. Larsen understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Larsen 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 South Dakota. 

Michael W. Morofsky 

Mr. Morofsky, 43, has had ITDM since 

1969. 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. Morofsky understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Morofsky 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 C 

operator’s license from California. 

Antonio R. Ragin 

Mr. Ragin, 38, has had ITDM since 

1997. 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. Ragin understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Ragin 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 A 

CDL from Connecticut. 

Lee A. Richardson 

Mr. Richardson, 55, 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. Richardson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Richardson 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 North 

Carolina. 

Michael R. Simmons 

Mr. Simmons, 61, has had ITDM since 

2000. 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. Simmons understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Simmons 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 D 

operator’s license from Tennessee. 

William W. Simmons 

Mr. Simmons, 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. Simmons understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Simmons 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 E 

operator’s license from Florida. 

Ronald O. Snyder 

Mr. Snyder, 67, has had ITDM since 

2010. His endocrinologist examined him 

in 2012 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. Snyder understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Snyder meets the vision 

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

His ophthalmologist examined him in 

2012 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Douglas J. Wood 

Mr. Wood, 50, has had ITDM since 

2007. 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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10615 

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. 

1Cooper Tire & Rubber Tire Company (Cooper) is 

a replacement equipment manufacturer 

incorporated in the state of Delaware. 

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. Wood understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wood 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 A 

CDL from New York. 

Richard P. Wright 

Mr. Wright, 31, has had ITDM since 

1998. 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. Wright understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wright 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 C 

operator’s license from Oregon. 

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 

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 USC. 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: February 9, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3996 Filed 2–21–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2011–0054; Notice 2] 

Cooper Tire & Rubber Tire Company, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Grant of Petition. 

SUMMARY: Cooper Tire & Rubber Tire 

Company, (Cooper) 1, has determined 

that approximately 6,964 passenger car 

replacement tires manufactured 

between January 23, 2011 and March 26, 

2011, do not fully comply with 

paragraph S5.5(f) of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. Cooper has filed an 

appropriate report dated March 31, 

2011, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Cooper has petitioned for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

Notice of receipt of Cooper’s petition 

was published, with a 30-day public 

comment period, on May 17, 2011, in 

the Federal Register (76 FR 28502). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System Web site at: 

http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2011– 

0054.’’ 

For further information on this 

decision, contact Mr. George Gillespie, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5299, facsimile (202) 366– 

7002. 

Affected are approximately 6,964 size 

LT285/75R16 Cooper brand Discoverer 

S/T MAXX model passenger car 

replacement tires manufactured 

between January 23, 2011 and March 26, 

2011, at Cooper’s plant located in 

Texarkana, Arkansas. 

Cooper explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the reference side of the tires, required 

by paragraph S5.5(f), incorrectly 

describes the actual number of plies in 

the tread area of the tires. Specifically, 

the tires in question were inadvertently 

manufactured with ‘‘TREAD 1 PLY 

NYLON + 2 PLY STEEL + 3 PLY 

POLYESTER; SIDEWALL 3 PLY 

POLYESTER.’’ The labeling should have 

been ‘‘TREAD 2 PLY NYLON + 2 PLY 

STEEL + 3 PLY POLYESTER; 

SIDEWALL 3 PLY POLYESTER.’’ 

Cooper also explains that while the 

non-compliant tires are mislabeled, the 

tires do in fact have 2 Nylon tread plies 

and meet or exceed all other applicable 

Federal Motor Vehicle Safety Standards. 

Cooper reported that this 

noncompliance was discovered during a 

review of the specified stamping 

requirements and visual inspection of 

tire stamping. 

Cooper argues that this 

noncompliance is inconsequential to 

motor vehicle safety because the 

noncompliant sidewall marking does 

not create an unsafe condition and all 

other labeling requirements have been 

met. 


srobinson on DSK4SPTVN1PROD with NOTICES