Qualification of Drivers; Exemption Applications; Diabetes Mellitus

Larry W. Minor
Federal Motor Carrier Safety Administration
October 23, 2013

[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63280-63285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24749]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0188]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

[[Page 63281]]


ACTION: Notice of applications for exemptions request for comments.

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SUMMARY: FMCSA announces receipt of applications from 29 individuals 
for exemptions 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 November 22, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0188 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 self-
addressed, 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 Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

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 29 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 
statute.

Qualifications of Applicants

Toni Benfield

    Ms. Benfield, 40, has had ITDM since 2013. Her endocrinologist 
examined her in 2013 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. Benfield understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Benfield meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2013 and certified that she does not have 
diabetic retinopathy. She holds a Class B CDL from South Carolina.

Delbert L. Bennett, Jr.

    Mr. Bennett, 64, has had ITDM since 2011. His endocrinologist 
examined him in 2013 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. Bennett understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bennett meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Idaho.

Daniel A. Bryan

    Mr. Bryan, 45, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Bryan understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bryan meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Stephen A. Cronin

    Mr. Cronin, 46, has had ITDM since 1986. His endocrinologist 
examined him in 2013 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. Cronin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cronin meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have

[[Page 63282]]

diabetic retinopathy. He holds a Class E operator's license from 
Florida.

Paul J. Dent

    Mr. Dent, 50, has had ITDM since 2013. His endocrinologist examined 
him in 2013 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. Dent understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Dent meets the vision requirements 
of 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from Iowa.

Lee E. Emery

    Mr. Emery, 59, has had ITDM since 2009. His endocrinologist 
examined him in 2013 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. Emery understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Emery meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Maine.

Marshall H. Evans

    Mr. Evans, 58, has had ITDM since 2007. His endocrinologist 
examined him in 2013 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 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Illinois.

Joseph M. Fiorelli

    Mr. Fiorelli, 60, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Fiorelli understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fiorelli meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2013 and certified that he does not have diabetic retinopathy. 
He holds a Class C operator's license from Pennsylvania.

David W. Foster

    Mr. Foster, 31, has had ITDM since 2012. His endocrinologist 
examined him in 2013 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. Foster understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Foster meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Francis M. Garlach, III

    Mr. Garlach, 61, has had ITDM since 2003. His endocrinologist 
examined him in 2013 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. Garlach understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Garlach meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2013 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Pennsylvania.

Darren L. Graham

    Mr. Graham, 43, has had ITDM since 1997. His endocrinologist 
examined him in 2013 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. Graham understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Graham meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2013 and certified that he does not have diabetic retinopathy. He 
holds a Class C operator's license from Texas.

James M. Harvey

    Mr. Harvey, 24, has had ITDM since 2001. His endocrinologist 
examined him in 2013 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. Harvey understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Harvey meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class D operator's license from Ohio.

Jerry D. Joseph

    Mr. Joseph, 63, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Joseph understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Joseph meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that

[[Page 63283]]

he does not have diabetic retinopathy. He holds a Class A CDL from 
Ohio.

Neal S. Kassebaum

    Mr. Kassebaum, 65, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Kassebaum understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kassebaum meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2013 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Tennessee.

Kevin E. Kneff

    Mr. Kneff, 48, has had ITDM since 1997. His endocrinologist 
examined him in 2013 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. Kneff understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kneff meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Missouri.

Ronald Mooney

    Mr. Mooney, 54, has had ITDM since 2009. His endocrinologist 
examined him in 2013 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. Mooney understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mooney meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Oregon.

Martin J. Mostyn

    Mr. Mostyn, 46, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Mostyn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mostyn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2013 and certified that he does not 
have diabetic retinopathy. He holds a Class D operator's license from 
Ohio.

Floyd P. Murray, Jr.

    Mr. Murray, 38, has had ITDM since 2011. His endocrinologist 
examined him in 2013 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. Murray understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Murray meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Utah.

Cameron J. Ohl

    Mr. Ohl, 26, has had ITDM since 1994. His endocrinologist examined 
him in 2013 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. Ohl understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Ohl meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2013 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from North Carolina.

Mark A. Pille

    Mr. Pille, 31, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Pille understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pille meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Iowa.

Glen E. Pozernick

    Mr. Pozernick, 56, has had ITDM since 2012. His endocrinologist 
examined him in 2013 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. Pozernick understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pozernick meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2013 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Idaho.

Jody R. Prause

    Mr. Prause, 47, has had ITDM since 2008. His endocrinologist 
examined him in 2013 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. Prause understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Prause meets the vision

[[Page 63284]]

requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2013 and certified that he does not have diabetic retinopathy. He 
holds a Class E CDL from Michigan.

Andrew Quaglia

    Mr. Quaglia, 23, has had ITDM since 1993. His endocrinologist 
examined him in 2013 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. Quaglia understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Quaglia meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2013 and certified that he has stable nonproliferative 
diabetic retinopathy. He holds a Class D operator's license from New 
York.

Gilbert Rios

    Mr. Rios, 64, has had ITDM since 2013. His endocrinologist examined 
him in 2013 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. Rios understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Rios meets the vision requirements 
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2013 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from Ohio.

Joseph F. Schafer, Jr.

    Mr. Schafer, 43, has had ITDM since 1999. His endocrinologist 
examined him in 2013 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. Schafer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schafer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
Pennsylvania.

Gary A. Sjokvist

    Mr. Sjokvist, 59, has had ITDM since 2007. His endocrinologist 
examined him in 2013 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. Sjokvist understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sjokvist meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2013 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from North Dakota.

Richard D. Stalter

    Mr. Stalter, 53, has had ITDM since 1974. His endocrinologist 
examined him in 2013 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. Stalter understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stalter meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2013 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Arkansas.

Charles W. Sterling

    Mr. Sterling, 63, has had ITDM since 2012. His endocrinologist 
examined him in 2013 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. Sterling understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sterling meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2013 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Washington.

Carl F. Wagner, Jr.

    Mr. Wagner, 54, has had ITDM since 2013. His endocrinologist 
examined him in 2013 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. Wagner understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wagner meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2013 and certified that he does not have diabetic retinopathy. He holds 
a Class B CDL from Indiana.

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).
---------------------------------------------------------------------------

    \1\ Section 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.
---------------------------------------------------------------------------

    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

[[Page 63285]]

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.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2013-0188 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 
8[frac12] by 11 inches, suitable for copying and electronic filing. If 
you submit comments by mail and would like to know that they reached 
the facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2013-0188 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: October 7, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24749 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-EX-P