18302 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 

recorded in the Cargo-Related BASIC 

impact their Vehicle Maintenance 

percentiles, and to see which IEPrelated violations have been recorded. 

• Verify that vehicle violations found 

during driver-only inspections and 

driver violations found during vehicleonly inspections have been removed 

from their Vehicle Maintenance BASIC 

data. 

• Review alternative terminology for 

‘‘insufficient data’’ and ‘‘inconclusive’’ 

in the BASIC summary. 

• View the ‘‘Summary of Activities’’ 

section of SMS Online to see the new 

breakout between injury crashes and 

fatal crashes. 

FMCSA will collect, assess, and 

address feedback during the SMS 

Preview, and may further refine the 

enhancements prior to public 

implementation in July 2012. 

Request for Comments 

FMCSA requests comments on the 

above improvements to SMS. 

Commenters are requested to provide 

supporting data wherever appropriate. 

Issued on: March 22, 2012. 

William Bronrott, 

Deputy Administrator. 

[FR Doc. 2012–7360 Filed 3–26–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0043] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

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 April 26, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0043 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 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 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 

Ross J. Brown 

Mr. Brown, age 59, 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. Brown 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. Brown 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 Commercial Driver’s 

License (CDL) from Michigan. 

Bert R. Duncan, II 

Mr. Duncan, 49, 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 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Duncan understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Duncan meets the vision 

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

His optometrist examined him in 2011 

and certified that he does not have 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 18303 

diabetic retinopathy. He holds a Class A 

CDL from Utah. 

John L. Frank 

Mr. Frank, 64, 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. Frank understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Frank 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 Idaho. 

DeVere E. Hansen 

Mr. Hansen, 58, has had ITDM since 

1998. 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. Hansen understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hansen 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 Utah. 

Grant C. Huftalin 

Mr. Huftalin, 43, 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. Huftalin understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Huftalin 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 Iowa. 

Steven M. Janczak 

Mr. Janczak, 21, 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. Janczak understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Janczak 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 D 

operator’s license from Wisconsin. 

Aaron L. Kreiser 

Mr. Kreiser, 38, 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. Kreiser understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kreiser 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 Maryland. 

Mark S. Madsen 

Mr. Madsen, 58, 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. Madsen understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Madsen 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 an 

operator’s license from Nebraska. 

James W. McClintock, III 

Mr. McClintock, 52, has had ITDM 

since 1997. 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. McClintock understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. McClintock 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 Arkansas. 

John W. Morrison 

Mr. Morrison, 54, 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. Morrison understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Morrison 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 California. 

Bruce V. Oppegard 

Mr. Oppegard, 41, 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. Oppegard understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Oppegard meets the vision requirements 

mstockstill on DSK4VPTVN1PROD with NOTICES

18304 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 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. 

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. 

Edward L. Quinones 

Mr. Quinones, 52, 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. Quinones understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Quinones 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 Illinois. 

David L. Rice 

Mr. Rice, 46, 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 last 5 years. His endocrinologist 

certifies that Mr. Rice understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rice 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 Maine. 

Wade D. Street 

Mr. Street, 52, has had ITDM since 

1968. 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. Street understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Street 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 Montana. 

Charles M. Sweat 

Mr. Sweat, 59, 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. Sweat understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sweat 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 Virginia. 

Donald E. Towne 

Mr. Towne, 58, has had ITDM since 

2003. 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. Towne understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Towne 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 Connecticut. 

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: March 21, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7363 Filed 3–26–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Research & Innovative Technology 

Administration 

[Docket ID Number RITA 2008–0002] 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Financial and Operating Statistics for 

Large Certificated Air Carriers 

AGENCY: Research & Innovative 

Technology Administration (RITA), 

mstockstill on DSK4VPTVN1PROD with NOTICES