80892 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / 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. 

Walter B. Wirth 

Mr. Wirth, 54, has had ITDM since 

2006. His endocrinologist examined him 

in 2010 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; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Wirth meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2010 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Oregon. 

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 16, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–32240 Filed 12–22–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for 

Modification of Special Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the applications described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Requests for 

modification of special permits (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ denote a 

modification request. These 

applications have been separated from 

the new application for special permits 

to facilitate processing. 

DATES: Comments must be received on 

or before January 7, 2011. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, SE., Washington DC or at 

http://regulations.gov. 

This notice of receipt of applications 

for modification of special pennit is 

published in accordance with part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC, on December 

16, 2010. 

Donald Burger, 

Chief, Special Permits and Approvals Branch. 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof 

MODIFICATION SPECIAL PERMITS 

11803–M ....... ......................... Chart, Inc. Distribution & Storage Group Prague, MN.49 CFR 173.319; 

179.401–1; 

172.203(a); 173.26; 

179.13.

To modify the special permit to authorize a longer 

period of time between vacuum testing and rupture disk replacement. 

12818–M ....... ......................... Standard Aero Augusta, GA .. 49 CFR 173.301(i); 

173.302.

To modify the special permit to authorize additional cylinders. 

12995–M ....... ......................... Dow Chemical Company 

(3)(v) Midland, MI.

49 CFR 173.306(a) ........ To modify the special permit to reduce the sample 

size from 1 in 2,000 to 1 in 10,000 

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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices 80893 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof 

13336–M ....... ......................... Renaissance Industries, Inc. 

Sharpsville Operations M– 

1102 Sharpsville, PA.

49 CFR 173.302(a)(1); 

173.304; 175.3.

To modify the special permit to authorize additional Division 2.2 gases. 

14728–M ....... ......................... International Isotopes Inc. 

Idaho Falls, ID.

49 CFR 173.416(c) ........ To modify the special permit to authorize and increase in the number of times the packaging 

can be used. 

[FR Doc. 2010–32093 Filed 12–22–10; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportations Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before January 24, 2011. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, SE., Washington DC or at 

http://regulations.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on December 

15, 2010. 

Donald Burger, 

Chief, Special Permits and Approvals Branch. 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

NEW SPECIAL PERMITS 

15187–N ...... ......................... Idaho Helicopters Inc., 

Boise, ID.

49 CFR 172.101, Column (9B), 

172.204(c)(3), 173.27(b)(2) 

and 175.30(a)(1), 172.200, 

172.300, 172.400.

To authorize the transportation in commerce of 

certain hazardous materials by cargo aircraft 

in remote areas of the U.S. only, without 

being subject to certain hazard communication requirements and quantity limitations. 

(mode 4). 

15191–N ...... ......................... Hendrix and Dail, Inc., 

Greenville, NC.

49 CFR 173.227(c) ................... To authorize the transportation in commerce of 

UN1H1 drums as single package for certain 

materials toxic by inhalation transported by 

motor vehicle. 

(mode 1). 

15198–N ...... ......................... Millennium Inorganic 

Chemicals, Inc., Hunt 

Valley, MD.

49 CFR Part 172 and 173 ........ To authorize the transportation in commerce of 

titanium tetrachloride between locations of 

the same facility in non-DOT specification 

packaging and without hazard communication. 

(mode 1). 

15199–N ...... ......................... Polskie Linie Lotnicze 

LOT S.A. dba LOT Polish Airlines.

49 CFR 172.101 Column (9B), 

172.204(c)(3), 173.27(b)(2)– 

(3).

To authorize the transportation in commerce of 

up to 20,000 pounds of Division 1.1E explosives to Poland to support the foreign military 

sales program. 

(mode 4). 

[FR Doc. 2010–32091 Filed 12–22–10; 8:45 am] 

BILLING CODE 4909–60–M 

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