18304 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / 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. 

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 

Minnesota. 

Edward L. Quinones 

Mr. Quinones, 52, has had ITDM 

since 2011. His endocrinologist 

examined him in 2011 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. Quinones understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Quinones meets the vision requirements 

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

ophthalmologist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Illinois. 

David L. Rice 

Mr. Rice, 46, has had ITDM since 

1994. His endocrinologist examined him 

in 2011 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. Rice understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rice meets the vision 

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

His ophthalmologist examined him in 

2011 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Maine. 

Wade D. Street 

Mr. Street, 52, has had ITDM since 

1968. His endocrinologist examined him 

in 2011 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. Street understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Street meets the vision 

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

His ophthalmologist examined him in 

2011 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Montana. 

Charles M. Sweat 

Mr. Sweat, 59, has had ITDM since 

2010. His endocrinologist examined him 

in 2011 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. Sweat understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sweat meets the vision 

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

His ophthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Virginia. 

Donald E. Towne 

Mr. Towne, 58, 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. Towne understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Towne meets the vision 

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

His optometrist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Connecticut. 

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 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. 

Issued on: March 21, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7363 Filed 3–26–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Research & Innovative Technology 

Administration 

[Docket ID Number RITA 2008–0002] 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Financial and Operating Statistics for 

Large Certificated Air Carriers 

AGENCY: Research & Innovative 

Technology Administration (RITA), 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Notices 18305 

Bureau of Transportation Statistics 

(BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below is being forwarded to the Office 

of Management and Budget (OMB) for 

reinstatement of an expired approved 

collection. The ICR describes the nature 

of the information collection and its 

expected burden. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on January 27, 2011 (76 FR 4992). The 

Bureau of Economic Analysis at the 

Department of Commerce submitted 

comments in support of the 

continuation of the data collection. 

DATES: Written comments should be 

submitted by April 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gorham, Office of Airline Information, 

RTS–42, Room E34–414, RITA, BTS, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, 

Telephone Number (202) 366–4406, Fax 

Number (202) 366–3383 or email 

jeff.gorham@dot.gov. 

Comments: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725–17th Street NW., 

Washington, DC 20503, Attention: 

RITA/BTS Desk Officer. 

SUPPLEMENTARY INFORMATION: 

OMB Approval No. 2138–0013 

Title: Report of Financial and 

Operating Statistics for Large 

Certificated Air Carriers. 

Form No.: BTS Form 41. 

Type Of Review: Reinstatement of an 

expired approved collection. 

Respondents: Large certificated air 

carriers. 

Number of Respondents: 76. 

Estimated Time per Response: 4 hours 

per schedule, an average carrier may 

submit 90 schedules in one year. 

Total Annual Burden: 27,360 hours. 

Needs and Uses: Program uses for 

Form 41 data are as follows: 

Mail Rates 

The Department of Transportation 

sets and updates mainline Alaska mail 

rates based on carrier aircraft operating 

expense, traffic and operational data. 

Form 41 cost data, especially fuel costs, 

terminal expenses, and line haul 

expenses are used in arriving at rate 

levels. DOT revises the established rates 

based on the percentage of unit cost 

changes in the carriers’ operations. 

These updating procedures have 

resulted in the carriers receiving rates of 

compensation that more closely parallel 

their costs of providing mail service and 

contribute to the carriers’ ability to 

continue providing service. 

Submission of U.S. Carrier Data to 

ICAO 

As a party to the Convention on 

International Civil Aviation, the United 

States is obligated to provide the 

International Civil Aviation 

Organization with financial and 

statistical data on operations of U.S. air 

carriers. Over 99 percent of the data 

filed with ICAO is extracted from the 

carriers’ Form 41 reports. 

Carrier Fitness 

Fitness determinations are made for 

both new entrants and established U.S. 

carriers proposing a substantial change 

in operations. A portion of these 

applications consists of an operating 

plan for the first year (14 CFR part 204) 

and an associated projection of revenues 

and expenses. The carrier’s operating 

costs, included in these projections, are 

compared against the cost data in Form 

41 for a carrier or carriers with the same 

aircraft type and similar operating 

characteristics. Such a review validates 

the reasonableness of the carrier’s 

operating plan. 

Form 41 reports, particularly balance 

sheet reports and cash flow statements, 

play a major role in the identification of 

vulnerable carriers. Data comparisons 

are made between current and past 

periods in order to assess the current 

financial position of the carrier. 

Financial trend lines are extended into 

the future to analyze the continued 

viability of the carrier. DOT reviews 

three areas of a carrier’s operation: (1) 

The qualifications of its management 

team, (2) its disposition to comply with 

laws and regulations, and (3) its 

financial posture. DOT must determine 

whether or not a carrier has sufficient 

financial resources to conduct its 

operations without imposing undue risk 

on the traveling public. Moreover, once 

a carrier is operating, DOT is required 

to monitor its continuing fitness. 

Senior DOT officials must be kept 

fully informed as to all current and 

developing economic issues affecting 

the airline industry. In preparing 

financial conditions reports or status 

reports on a particular airline, financial 

and traffic data are analyzed. Briefing 

papers may use the same information. 

Pending Rulemaking 

On July 15, 2011, the Department 

published a Notice of Proposed 

Rulemaking (NPRM) proposing to 

collect certain Form 41 revenue 

information on airline-imposed fees in a 

more detailed manner (see 76 FR 

41726). Many air carriers have adopted 

a la carte pricing with separate fees for 

certain optional services that use to be 

included in the ticket price. Carriers 

currently report excess baggage fees, 

reservation cancellation fees and 

miscellaneous operating revenues. The 

proposed rule would require carriers to 

report, (1) itinerary related fees, (2) 

seating assignment fees, (3) baggage fees 

broken down between first and second 

checked bags, carry-on bags and other 

bags, (4) unaccompanied minor/ 

passenger assistance fees, and (5) other 

fees. The Department wants to make 

airline pricing more transparent to 

consumers and airline analysts. 

Administrative Issues 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note) requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to, 

publication of both Respondent’s 

identity and its data, submission of the 

information to agencies outside BTS for 

review, analysis and possible use in 

regulatory and other administrative 

matters. 

Issued in Washington, DC on March 20, 

2012. 

Patricia Hu, 

Director, Bureau of Transportation Statistics, 

Research and Innovative Technology 

Administration. 

[FR Doc. 2012–7300 Filed 3–26–12; 8:45 am] 

BILLING CODE 4910–HY–P 

DEPARTMENT OF TRANSPORTATION 

Research & Innovative Technology 

Administration 

[Docket ID Number RITA 2008–0002] 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Passengers Denied Confirmed 

Space—BTS Form 251 

AGENCY: Research & Innovative 

Technology Administration (RITA), 

Bureau of Transportation Statistics 

(BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, the Bureau of 

mstockstill on DSK4VPTVN1PROD with NOTICES