Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17111 

visual fields in each eye as well as 

normal color vision. His best corrected 

visual acuity in his right eye is 20/20 

and in his left eye 20/400. Following an 

examination in 2011, his optometrist 

noted, ‘‘In my opinion, the above 

mentioned findings qualify Mr. Pena to 

operate a commercial vehicle safely.’’ 

Mr. Garcia-Pena reported that he has 

driven straight trucks for 14 years, 

accumulating 280,000 miles. He holds a 

Class A CDL from Michigan. His driving 

record for the last 3 years shows two 

crashes; he was cited for one of the 

crashes, and no convictions for moving 

violations in a CMV. 

John M. Riley 

Mr. Riley, 34, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in right eye is 

20/20 and in his left eye, 20/150. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my medical 

opinion, I believe Mr. Riley has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Riley reported that he has 

driven straight trucks for 15 years, 

accumulating 750,000 miles and tractortrailer combinations for 15 years, 

accumulating 675,000 miles. He holds a 

Class A CDL from Alabama. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jeffrey A. Sheets 

Mr. Sheets, 29, has aphakia in his 

right eye due to a traumatic injury 

sustained at age 3. The best corrected 

visual acuity in right eye is count-finger 

vision and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my opinion, 

Mr. Sheets does have sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ 

Mr. Sheets reported that he has driven 

straight trucks for 7 years, accumulating 

525,000 miles and tractor-trailer 

combinations for 1 year, accumulating 

20,000 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. 

Scotty W. Sparks 

Mr. Sparks, 37, has had amblyopia in 

his left eye since birth. The best 

corrected visual acuity in right eye is 

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

Following an examination in 2011, his 

optometrist noted, ‘‘It is my opinion that 

despite the poor visual acuity in 

Mr. Sparks left eye, he does have normal 

acuity in the right eye and normal visual 

fields in both eyes, allowing for 

sufficient vision to perform the driving 

tasks required to operate a commercial 

motor vehicle in interstate commerce.’’ 

Mr. Sparks reported that he has driven 

straight trucks for 12 years, 

accumulating 288,000 miles. He holds a 

Class B CDL from Kentucky. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Scottie Stewart 

Mr. Stewart, 57, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in right eye is 

hand motion vision and in his left eye, 

20/20. Following an examination in 

2011, his ophthalmologist noted, 

‘‘Patient has sufficient vision to perform 

said tasks required to operate a 

commercial vehicle.’’ Mr. Stewart 

reported that he has driven tractortrailer combinations for 23 years, 

accumulating 1.7 million miles. He 

holds a Class A CDL from Mississippi. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Charles E. Stokes 

Mr. Stokes, 59, has complete loss of 

vision in his right eye. The best 

corrected visual acuity in right eye is 

hand motion vision and in his left eye, 

20/25. Following an examination in 

2011, his ophthalmologist noted, 

‘‘Although both conditions can 

potentially be progressive, currently his 

monocular status and intact visual field 

would not prohibit him from operating 

a commercial vehicle.’’ Mr. Stokes 

reported that he has driven straight 

trucks for 16 years, accumulating 1.5 

million miles and tractor-trailer 

combinations for 18 years, accumulating 

1.1 million miles. He holds a Class A 

CDL from Michigan. His driving record 

for the last 3 years shows two crashes 

in a CMV, for which he was cited, and 

no convictions for moving violations in 

a CMV. 

Timothy J. Sullivan 

Mr. Sullivan, 60, has complete loss of 

vision in his left eye due to a traumatic 

injury sustained in 1998. The best 

corrected visual acuity in right eye is 

20/20 and in his left eye, light 

perception. Following an examination 

in 2011, his ophthalmologist noted, ‘‘In 

my medical opinion, I feel Mr. Sullivan 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Sullivan 

reported that he has driven straight for 

18 years, accumulating 1.4 million 

miles. He holds a Class E operator’s 

license from Florida. 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 April 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: March 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7088 Filed 3–22–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0042] 

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 nineteen 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 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0042 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

on-line instructions for submitting 

comments. 


srobinson on DSK4SPTVN1PROD with NOTICES
17112 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

• 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 nineteen 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 

Joseph A. Bailey 

Mr. Bailey, age 60, 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. Bailey 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. Bailey 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 Commercial Driver’s 

License (CDL) from Virginia. 

Patrick J. Beasley 

Mr. Beasley, 39, 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. Beasley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Beasley 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 Minnesota. 

Tounce H. Gaskin 

Mr. Gaskin, 48, 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 2 years. His endocrinologist 

certifies that Mr. Gaskin understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gaskin 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 

Connecticut. 

Joel Gonzalez 

Mr. Gonzalez, 23, 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 

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. Gonzalez understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gonzalez 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 California. 

John G. Hager, Jr. 

Mr. Hager, 57, 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. Hager understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hager meets the vision 

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

His optometrist examined him in 2011 

and certified that he does not have 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17113 

diabetic retinopathy. He holds a Class B 

CDL from New Jersey. 

Brian R. Hallisey 

Mr. Hallisey, 36, has had ITDM since 

1988. 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. Hallisey understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hallisey 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 

Massachusetts. 

Charles C. Karver 

Mr. Karver, 60, 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. Karver understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Karver 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. 

Benjamin Kimbrough, Jr. 

Mr. Kimbrough, 50, 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. Kimbrough understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kimbrough 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 Kansas. 

Kevin T. Kruchan 

Mr. Kruchan, 26, has had ITDM since 

1989. 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. Kruchan understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kruchan 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 Ohio. 

Jeffrey J. Lawrie 

Mr. Lawrie, 49, 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. Lawrie understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Lawrie 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. 

Raymond Pittman, Jr. 

Mr. Pittman, 52, 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. Pittman understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Pittman 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 Illinois. 

Christopher M. Reiman 

Mr. Reiman, 30, has had ITDM since 

1985. 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. Reiman understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Reiman 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. 

Daniel J. Russell 

Mr. Russell, 39, 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. Russell understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Russell 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 Ohio. 

Donald L. Russell, Jr. 

Mr. Russell, 52, 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. Russell understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Russell meets the vision 

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


srobinson on DSK4SPTVN1PROD with NOTICES
17114 Federal Register / Vol. 77, No. 57 / Friday, March 23, 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. 

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Maryland. 

Robert J. Smith 

Mr. Smith, 51, 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. Smith understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Smith 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 Pennsylvania. 

Robert J. Socha 

Mr. Socha, 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. Socha understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Socha 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 Nebraska. 

Brian A. Tatum 

Mr. Tatum, 39, has had ITDM since 

1991. 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. Tatum understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Tatum 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 Mississippi. 

Thomas C. Torbett 

Mr. Torbett, 38, has had ITDM since 

1976. 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. Torbett understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Torbett 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 E 

operator’s license from Missouri. 

Terry R. Wilker 

Mr. Wilker, 52, 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. Wilker understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wilker 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 

Minnesota. 

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: March 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7086 Filed 3–22–12; 8:45 am] 

BILLING CODE P 


srobinson on DSK4SPTVN1PROD with NOTICES