63540 Federal Register / Vol. 75, No. 199 / Friday, October 15, 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. 

1 In a supplemental pleading filed October 6, 

2010, NSR states that the portion of the involved 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

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: October 8, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–26056 Filed 10–14–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Request for Public Comment, 

Morgantown Municipal Airport, 

Morgantown, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on the proposed release of 

46.53 acres of land currently owned by 

the City of Morgantown, Sponsor for the 

Morgantown Municipal Airport, 

Morgantown, West Virginia. The parcel 

is located within the Sixth Ward District 

of the City of Morgantown, 

Morgantown, West Virginia. The site is 

a 47.00 acre portion of the larger 

Morgantown Municipal Airport 

property. The land is currently being 

used as a cross wind runway. It has 

been determined that this runway is no 

longer needed for safety or capacity. The 

property is not a vital part of, or 

necessary for the Sponsor’s operation 

and development of the Morgantown 

Airport. Once released, the land will 

change to a non-aeronautical use and 

will be transferred to the West Virginia 

Army National Guard (‘‘AR–WVARNG’’). 

Thereafter, AR–WVARNG will construct 

or cause the construction of and operate 

a West Virginia Army National Guard 

Readiness Center on the property. The 

development of this property will also 

bring the construction of a roadway and 

utilities that will be needed for 

subsequent development of aviation 

facilities on a part of the airport that is 

now remote and without utilities or 

access. The airport land being released 

is not needed for airport development as 

shown on the Airport Layout Plan. Fair 

Market Value has been determined 

based upon an appraisal of the Property. 

DATES: Comments must be received on 

or before November 15, 2010. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Connie Boley-Lilly, Program 

Specialist, Federal Aviation 

Administration, Beckley Airports Field 

Office, 176 Airport Circle, Room 101, 

Beaver, West Virginia 25813. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Dan Boroff, 

City Manager of the City of 

Morgantown, Sponsor of Morgantown 

Municipal Airport at the following 

address: Dan Boroff, City Manager, City 

of Morgantown, Sponsor for 

Morgantown Municipal Airport, 389 

Spruce Street, Morgantown, West 

Virginia 26505. 

FOR FURTHER INFORMATION CONTACT: 

Connie Boley-Lilly, Program Specialist, 

Beckley Airport Field Office, (304) 252– 

6216 ext. 125, FAX (304) 253–8028. 

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the request to release 

property at the Morgantown Municipal 

Airport, Morgantown, WV. Under the 

provisions of AIR 21 (49 U.S.C. 47108 

(h)(2)). 

The Morgantown Municipal Airport is 

proposing the release of approximately 

46.53 acres of fee simple release to 

accommodate the construction of a West 

Virginia Army National Guard 

Readiness Center on the property. The 

crosswind runway, currently occupying 

the property, has been determined to be 

no longer need for safety and capacity 

at the airport. The release and sale of 

this property will allow the Sponsor to 

develop the roadway and utilities which 

will benefit this property, the hangar 

site, and the landside development site. 

This release will enhance the 

development of private aviation and 

commercial development of the east 

side of the airport. 

Issued in Beckley, West Virginia, on 

October 1, 2010. 

Matthew P. DiGiulian, 

Manager, Beckley Airport Field Office, 

Eastern Region. 

[FR Doc. 2010–25980 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35395] 

Norfolk Southern Railway Company— 

Trackage Rights Exemption—Illinois 

Central Railroad Company 

Pursuant to a written trackage rights 

agreement dated August 17, 2010, 

Illinois Central Railroad Company (IC) 

has agreed to grant overhead trackage 

rights to Norfolk Southern Railroad 

Company (NSR) over approximately 

199.1 miles of rail line controlled by 

IC,1 between: (1) Milepost 6.2 at Church, 

mstockstill on DSKH9S0YB1PROD with NOTICES