Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1927 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441), 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777), Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These 12 applicants have had ITDM 

over a range of 1 to 26 years. These 

applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (2 or more) severe 

hypoglycemic episodes in the past 5 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a willingness to properly 

monitor and manage his/her diabetes 

mellitus, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

requirement at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the October 

31, 2012, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes requirement in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologists’ 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes requirement in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Conclusion 

Based upon its evaluation of the 12 

exemption applications, FMCSA 

exempts Jamie J. Duncan (MO), Thomas 

L. Graber (PA), Aubrey W. Heath (TX), 

Jeremiah S. Johnson (OR), Stephanie A. 

Kaczynski (PA), Henry P. Musgrove, Jr. 

(WA), Henry W. Rutschow (OH), 

Michael L. Sabin (IL), Patrick E. Snyder 

(NY), Daniel C. Tow (WA), Donald P. 

Wells (KS), and Odell Williams (NC) 

from the ITDM requirement in 49 CFR 

391.41(b)(3), subject to the conditions 

listed under ‘‘Conditions and 

Requirements’’ above. 

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

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if the following occurs: (1) The person 

fails to comply with the terms and 

conditions of the 1/exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. If the exemption is 

still effective at the end of the 2-year 

period, the person may apply to FMCSA 

for a renewal under procedures in effect 

at that time. 

Issued on: December 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00228 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0351] 

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 20 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– 

2012–0351 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 


srobinson on DSK4SPTVN1PROD with 
1928 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

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). 

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 20 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 

Angel Bergendale 

Mr. Bergendale, 33, 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. Bergendale understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bergendale 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 D operator’s license 

from Massachusetts. 

Sean P. Borsky 

Mr. Borsky, 41, 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. Borsky understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely.Mr. Borsky 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 E 

operator’s license from Florida. 

Uvena Shirley Brown 

Ms. Brown, 68, has had ITDM since 

2011. Her endocrinologist examined her 

in 2012 and certified that she 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. Her endocrinologist certifies that 

Ms. Brown understands diabetes 

management and monitoring, has stable 

control of her diabetes using insulin, 

and is able to drive a CMV safely. Ms. 

Brown meets the vision requirements of 

49 CFR 391.41(b)(10). Her 

ophthalmologist examined her in 2012 

and certified that she has stable 

proliferative diabetic retinopathy. She 

holds an operator’s license from 

Indiana. 

Cody R. Floerchinger 

Mr. Floerchinger, 22, 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. Floerchinger understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Floerchinger 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 D operator’s license 

from Massachusetts. 

Sean P. Glynn 

Mr. Glynn, 47, 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. Glynn understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Glynn 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 Wisconsin. 

Spiro J. Jonovich 

Mr. Jonovich, 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. Jonovich understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Jonovich meets the vision 

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

His optometrist examined him in 2012 

and certified that he does not have 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1929 

diabetic retinopathy. He holds a Class A 

CDL from Arizona. 

Jaron L. Lindell 

Mr. Lindell, 24, 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. Lindell understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Lindell 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 C 

operator’s license from Georgia. 

Travis J. Martinez 

Mr. Martinez, 24, has had ITDM since 

2002. 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. Martinez understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Martinez 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 North Carolina. 

Victor D. Mayberry 

Mr. Mayberry, 50, 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. Mayberry understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Mayberry 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 Tennessee. 

Larry Lee McDaniel 

Mr. McDaniel, 47, has had ITDM 

since 2004. 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. McDaniel understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

McDaniel 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 Oklahoma. 

Barry C. McKay 

Mr. McKay, 59, 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. McKay understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. McKay 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. 

Robert B. McKendry 

Mr. McKendry, 53, 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. McKendry understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. McKendry 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 C operator’s license 

from Illinois. 

Jamie W. Moore 

Mr. Moore, 30, 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. Moore understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Moore 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 C operator’s license 

from North Carolina. 

William L. Phelps 

Mr. Phelps, 59, 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. Phelps understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Phelps 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 Indiana. 

Raby L. Ratliff 

Mr. Ratliff, 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. Ratliff understands 

diabetes management and monitoring, 

has stable control of his diabetes using 


srobinson on DSK4SPTVN1PROD with 
1930 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. 

insulin, and is able to drive a CMV 

safely. Mr. Ratliff meets the vision 

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

His ophthalmologist examined him in 

2012 and certified that he has stable 

proliferative diabetic retinopathy. He 

holds a Class A CDL from Texas. 

Richard J. Rembisz 

Mr. Rembisz, 62, 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. Rembisz understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rembisz 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 New York. 

Richard L. Smith 

Mr. Smith, 63, 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. 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 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Georgia. 

Darrin L. Stoneberg 

Mr. Stoneberg, 32, has had ITDM 

since 2004. 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. Stoneberg understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Stoneberg 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 Minnesota. 

Gary J. Tricarico 

Mr. Tricarico, 64, 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. Tricarico understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Tricarico 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 Connecticut. 

Lacy I. Wallace, Jr. 

Mr. Wallace, 65, 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. Wallace understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wallace 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 North Carolina. 

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. 2013–00227 Filed 1–8–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2013–0002–N–1] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation. 


srobinson on DSK4SPTVN1PROD with