Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1923 

corrected visual acuity in his left eye is 

20/15. Following an examination in 

2011, his optometrist noted, ‘‘I believe 

you have sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. See reported 

that he has driven straight trucks for 30 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from New York. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

James A. Settlemyre 

Mr. Settlemyre, 59, has had esotropia 

in his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20, and in his left eye, 20/60. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my medical 

opinion, I feel James Settlemyre has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Settlemyre reported that 

he has driven straight trucks for 8 years, 

accumulating 1 million miles. He holds 

a chauffeur’s license from Indiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Steven K. Simone 

Mr. Simone, 61, has had keratoconus 

in his left eye for 30 years. The best 

corrected visual acuity in his right eye 

is 20/40, and in his left eye 20/400. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel Steve is 

sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Simone reported that he 

has driven straight trucks for 42 years, 

accumulating 3.4 million miles. He 

holds a Class C operator’s license from 

Kansas. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Mark J. Sobczyk 

Mr. Sobczyk, 25, 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, 20/200. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘I certify that 

Mark Sobczyk’s ocular condition is 

satisfactory for operating commercial 

vehicles.’’ Mr. Sobczyk reported that he 

has driven straight trucks for 51⁄2 years, 

accumulating 206,000 miles. He holds a 

Class A CDL from Wisconsin. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Richard D. Sparkman 

Mr. Sparkman, 62, has complete loss 

of vision in his right 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 ophthalmologist noted, ‘‘Based 

on the above information, I believe the 

patient has sufficient vision to perform 

the driving tasks required by his current 

commercial vehicle.’’ Mr. Sparkman 

reported that he has driven straight 

trucks for 10 years, accumulating 

520,000 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. 

Joshua A. Wheaton 

Mr. Wheaton, 30, has a detached 

retina in his left due to a traumatic 

injury sustained in 1997. The visual 

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

his left eye, no light perception. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel that Joshua 

has more than adequate vision to 

perform any driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wheaton reported that he has driven 

straight trucks for 5 years, accumulating 

225,000 miles. He holds a Class C 

operator’s license from Pennsylvania. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

John K. Wright 

Mr. Wright, 47, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/400, and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘This meets the 

vision requirement to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Wright 

reported that he has driven straight 

trucks for 31⁄2 years, accumulating 

105,000 miles and tractor-trailer 

combinations for 6 months, 

accumulating 30,000 miles. He holds a 

Class A CDL from Montana. 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 February 8, 2013. 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: December 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00229 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0350] 

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 16 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 8, 2013. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0350 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 


srobinson on DSK4SPTVN1PROD with 
1924 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

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 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 December 29, 

2010 (75 FR 82132) at http://www.gpo.

gov/fdsys/pkg/FR-2010-12-29/pdf/2010-

32876.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 16 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 

Shawn J. Ball 

Mr. Ball, 38, has had ITDM since 

2012. 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. Ball understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Ball meets the requirements 

of the vision standard at 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 Idaho. 

Buck H. Bowers 

Mr. Bowers, 39, has had ITDM since 

2008. 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. Bowers understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bowers meets the 

requirements of the vision standard at 

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. 

Jeffrey S. Bublitz 

Mr. Bublitz, 57, has had ITDM since 

1990. 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. Bublitz understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bublitz 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 D operator’s license 

from Wisconsin. 

Ira Scott Chamberlin 

Mr. Chamberlin, 58, has had ITDM 

since 1991. 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. Chamberlin understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Chamberlin meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Maine. 

Victor W. Dannenbrink 

Mr. Dannenbrink, 64, has had ITDM 

since 2005. 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. Dannenbrink understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Dannenbrink 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 Iowa. 

James K. Dowden 

Mr. Dowden, 55, has had ITDM since 

2007. 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. Dowden understands 

diabetes management and monitoring, 

has stable control of his diabetes using 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1925 

insulin, and is able to drive a CMV 

safely. Mr. Dowden meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

Myron P. Egbert 

Mr. Egbert, 54, has had ITDM since 

2000. 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. Egbert understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Egbert meets the 

requirements of the vision standard at 

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

examined him in 2012 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Utah. 

Michael T. Evans 

Mr. Evans, 30, has had ITDM since 

2012. 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. Evans understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Evans meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Stephen P. Honen 

Mr. Honen, 50, has had ITDM since 

2009. 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. Honen understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Honen 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 B 

CDL from Ohio. 

Charles E. Johnston 

Mr. Johnston, 49, has had ITDM since 

2011. 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. Johnston understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Johnston meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Mississippi. 

Steve A. Rau 

Mr. Rau, 56, has had ITDM since 

2006. 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. Rau understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rau meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from North Dakota. 

Jack M. Sipich 

Mr. Sipich, 34, has had ITDM since 

2012. 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. Sipich understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. 

Mr. Sipich meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Illinois. 

Roger N. Stauffer 

Mr. Stauffer, 33, has had ITDM since 

2009. 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. Stauffer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Stauffer meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Michigan. 

Tyrone Taylor 

Mr. Taylor, 54, has had ITDM since 

2012. 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. Taylor understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Taylor meets the 

requirements of the vision standard at 

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

examined him in 2012 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from North 

Carolina. 

Michael E. Westley 

Mr. Westley, 56, 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. Westley understands 


srobinson on DSK4SPTVN1PROD with 
1926 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / 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. 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Westley meets the 

requirements of the vision standard at 

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

examined him in 2012 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Florida. 

Travis M. Whitt 

Mr. Whitt, 36, has had ITDM since 

2011. 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. Whitt understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. 

Mr. Whitt meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from California. 

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 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 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00225 Filed 1–8–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2012–0347] 

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 12 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 9, 2013. The exemptions expire 

on January 9, 2015. 

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 

December 29, 2010 (75 FR 82132) at 

http://www.gpo.gov/fdsys/pkg/FR– 

2010–12–29/pdf/2010–32876.pdf. 

Background 

On October 31, 2012, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

12 individuals and requested comments 

from the public (77 FR 65931). The 

public comment period closed on 

November 30, 2012, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of the 12 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 


srobinson on DSK4SPTVN1PROD with