Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38481 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on July 28, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–18444 Filed 7–31–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2009–0155] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt twenty-one 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

August 3, 2009. The exemptions expire 

on August 3, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://www.regulations.gov. 

Background 

On June 12, 2009, FMCSA published 

a notice of receipt of Federal diabetes 

exemption applications from twentyone individuals, and requested 

comments from the public (74 FR 

28097). The public comment period 

closed on July 13, 2009, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the twenty-one applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers had a higher rate of 

crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

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 Federal 

Register Notice (68 FR 52441) in 

conjunction with the November 8, 2005, 

Federal Register Notice (70 FR 67777) 

provides the current protocol for 

allowing such drivers to operate CMVs 

in interstate commerce. 

These twenty-one applicants have had 

ITDM over a range of 1 to 43 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, 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 

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

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the June 2, 

2009, Federal Register Notice (74 FR 

28097). Therefore, they will not be 

repeated in this notice. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes standard 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 endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

exempting these applicants from the 

diabetes standard 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 


sroberts on DSKD5P82C1PROD with NOTICES
38482 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

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 they are 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. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 

twenty-one exemption applications, 

FMCSA exempts: Eugene L. Bradley, 

John F. Carruthers, Keith A. Craven, Jose 

E. Cruz, Daniel L. Dixon, Michael A. 

Garufi, Joseph P. Jurewicz II, Dana N. 

Larsen, Jason G. Leavitt, Chad M. 

Morris, Thomas M. Petee, Jim A. Phelps, 

Larry R. Price, James F. Rabideau, Jr., 

Stanley N. Reneau, Richard D. Ritenour, 

John E. Spano, Delton N. Stewart, Mark 

S. Sundberg, Timothy G. Walls, and 

Kelly R. Winslow from the ITDM 

standard 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: (1) The person fails to comply with 

the terms and conditions of the 

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: July 24, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–18450 Filed 7–31–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Notice and Request for Comments 

AGENCY: Community Development 

Financial Institutions Fund. 

ACTION: Notice and request for 

comments. 

SUMMARY: The U.S. Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the 

Community Development Financial 

Institutions Fund (the Fund) is 

soliciting comments concerning the 

‘‘New Markets Tax Credit (NMTC) 

Program—Allocation Application’’ 

(hereafter, the Application). 

DATES: Written comments must be 

received on or before October 2, 2009 to 

be assured of consideration. 

ADDRESSES: Direct all comments to 

Matthew Josephs, NMTC Program 

Manager, Community Development 

Financial Institutions Fund, U.S. 

Department of the Treasury, 601 13th 

Street, NW., Suite 200 South, 

Washington, DC 20005, by e-mail to 

cdfihelp@cdfi.treas.gov, or by facsimile 

to (202) 622–7754. Please note this is 

not a toll free number. 

FOR FURTHER INFORMATION CONTACT: The 

Application and the NMTC Program 

Notice of Allocation Availability 

(NOAA) for the FY 2009 allocation 

round (74 FR 4077, January 22, 2009) 

may be obtained from the NMTC 

Program page of the Fund’s Web site at 

http://www.cdfifund.gov. Requests for 

additional information should be 

directed to Matthew Josephs, NMTC 

Program Manager, Community 

Development Financial Institutions 

Fund, U.S. Department of the Treasury, 

601 13th Street, NW., Suite 200 South, 

Washington, DC 20005, by e-mail to 

cdfihelp@cdfi.treas.gov, or by facsimile 

to (202) 622–7754. Please note this is 

not a toll free number. 

SUPPLEMENTARY INFORMATION: 

Title: New Markets Tax Credit 

(NMTC) Program—Allocation 

Application. 

OMB Number: 1559–0016. 

Abstract: Title I, subtitle C, section 

121 of the Community Renewal Tax 

Relief Act of 2000 (the Act), as enacted 

in the Consolidated Appropriations Act, 

2001 (Pub. L. 106–554, December 21, 

2000), amended the Internal Revenue 

Code (IRC) by adding IRC § 45D and 

created the NMTC Program. The 

Department of the Treasury, through the 

Fund, administers the NMTC Program, 

which provides an incentive to 

investors in the form of tax credits over 

seven years, which is expected to 

stimulate the provision of private 

investment capital that, in turn, will 

facilitate economic and community 

development in low-income 

communities. In order to receive the tax 

credit, taxpayers make Qualified Equity 

Investments (QEIs) in Community 

Development Entities (CDEs): 

substantially all of the QEI proceeds 

must in turn be used by the CDE to 

provide investments in businesses and 

real estate developments in low-income 

communities. 

The tax credit provided to the 

investor totals 39 percent of the amount 

of the investment and is claimed over a 

seven-year period. In each of the first 

three years, the investor receives a 

credit equal to five percent of the total 

amount paid for the stock or capital 

interest at the time of purchase. For the 

final four years, the value of the credit 

is six percent annually. Investors may 

not redeem their investments in CDEs 

prior to the conclusion of the seven-year 

period without forfeiting any credit 

amounts they have received. 

The Fund is responsible for certifying 

organizations as CDEs, and 

administering the competitive allocation 

of tax credit authority to CDEs, which it 

does through annual allocation rounds. 

As part of the award selection process, 

all CDEs are required to prepare and 

submit the Application, which includes 

four key sections (Business Strategy; 

Community Impact; Management 

Capacity; and Capitalization Strategy). 

During the first phase of the review 

process, each Application is rated and 

scored independently by three different 

readers. 

In scoring each Application, 

reviewers rate each of the four 

evaluation sections as follows: Weak (0– 

5 points); Limited (6–10 points); 

Average (11–15 points); Good (16–20 

points); and Excellent (21–25 points). 

Applications can be awarded up to ten 

additional ‘‘priority’’ points for 

demonstrating a track record of serving 

disadvantaged business and 

communities and/or for committing to 

make investments in projects owned by 

unrelated parties. If one or more of the 

three readers provides an anomalous 

score, and it is determined that such an 

anomaly would affect the outcome of 

the final awardee pool, then a fourth 

reviewer will score the Application, and 

the anomalous score would likely be 

dropped. 


sroberts on DSKD5P82C1PROD with NOTICES