[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14406-14409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05087]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0013]


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.

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SUMMARY: FMCSA announces receipt of applications from 25 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 4, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0013 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 December 
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], 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 25 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

Christopher R. Anderson

    Mr. Anderson, 49, has had ITDM since 1995. 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. Anderson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Anderson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2013 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class D operator's 
license from Minnesota.

Brent T. Applebury

    Mr. Applebury, 25, 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

[[Page 14407]]

last 5 years. His endocrinologist certifies that Mr. Applebury 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Applebury 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 
Missouri.

Joseph A. Auchterlonie

    Mr. Auchterlonie, 57, 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. Auchterlonie understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Auchterlonie 
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 Commercial Driver's 
License (CDL) from New Hampshire.

Brett D. Bertagnolli

    Mr. Bertagnolli, 23, has had ITDM since 2006. 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. Bertagnolli understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bertagnoli 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 Chauffeur License from Indiana.

Brian T. Bofenkamp

    Mr. Bofenkamp, 54, has had ITDM since 1984. 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. Bofenkamp understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bofenkamp 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 CDL from Washington.

Scott A. Carlson

    Mr. Carlson, 46, 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. Carlson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Carlson 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 Pennsylvania.

Craig L. Falck

    Mr. Falck, 50, 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. Falck understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Falck 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 Wisconsin.

John Fityere

    Mr. Fityere, 57, 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. Fityere understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fityere 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 New Jersey.

Dana R. Griswold

    Mr. Griswold, 52, has had ITDM since 1986. 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. Griswold understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Griswold 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 Vermont.

Ronald A. Heaps

    Mr. Heaps, 45, 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. Heaps understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Heaps meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2012 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from Ohio.

Martin A. Houts

    Mr. Houts, 35, 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

[[Page 14408]]

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. 
Houts understands diabetes management and monitoring, has stable 
control of his diabetes using insulin, and is able to drive a CMV 
safely. Mr. Houts 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 B CDL from 
Iowa.

Michael T. Kraft

    Mr. Kraft, 55, 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. Kraft understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kraft 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 Minnesota.

Kris W. Lindsay

    Mr. Lindsay, 40, 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. Lindsay understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lindsay 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.

Edward M. Luczynski

    Mr. Lucynski, 23, has had ITDM since 1996. 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. Lucynski understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lucynski 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 New Jersey.

Wendell J. Matthews

    Mr. Matthews, 51, 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. Matthews understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Matthews meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2012 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class E operator's 
license from Missouri.

Patric L. Patten

    Mr. Patten, 37, 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. Patten understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Patten 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 New Hampshire.

Darryl G. Rockwell

    Mr. Rockwell, 48, 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. Rockwell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rockwell 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 Texas.

John E. Ruth

    Mr. Ruth, 56, 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. Ruth understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Ruth 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 Illinois.

Greggory A. Smith

    Mr. Smith, 51, 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. 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 
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 Missouri.

Dwight E. Sory

    Mr. Sory, 58, has had ITDM since 2007. His endocrinologist examined 
him in 2012 and certified that he has had no severe hypoglycemic 
reactions resulting

[[Page 14409]]

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. Sory understands diabetes management and monitoring, 
has stable control of his diabetes using insulin, and is able to drive 
a CMV safely. Mr. Sory 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 
A CDL from Colorado.

James M. Torkildson

    Mr. Torkildson, 60, 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. Torkildson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Torkildson 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 Wisconsin.

Terry R. Washa

    Mr. Washa, 52, 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. Washa understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Washa 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 Nebraska.

Alfred J. Williams

    Mr. Williams, 55, 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. Williams understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Williams 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 Virginia.

Scott B. Wood

    Mr. Wood, 50, 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. Wood understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Wood 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 North Dakota.

James L. Zore

    Mr. Zore, 75, 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. Zore understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Zore 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 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).
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    \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.
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    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: February 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-05087 Filed 3-4-13; 8:45 am]
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