27616 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

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

announces that the Information 

Collection abstracted below has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. The nature of the information 

collection is described as well as its 

expected burden. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on February 26, 2010. No comments 

were received. 

DATES: Comments must be submitted on 

or before June 16, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Thomas M.P. Christensen, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366- 5909; or e-mail: 

tom.christensen@dot.gov. Copies of this 

collection also can be obtained from that 

office. 

SUPPLEMENTARY INFORMATION: Maritime 

Administration (MARAD). 

Title: Voluntary Tanker Agreement. 

OMB Control Number: 2133–0505. 

Type of Request: Extension of 

currently approved collection. 

Affected Public: U.S.-flag and U.S. 

citizen-owned vessels that are required 

to respond under current statute and 

regulation. 

Form (s): None. 

Abstract: This collection of 

information is used to gather 

information regarding the location of 

U.S.-flag vessels and certain other U.S. 

citizen-owned vessels for the purpose of 

search and rescue in the saving of lives 

at sea and for the marshalling of ships 

for national defense and safety 

purposes. This collection consists of 

vessels that transmit their positions 

through various electronic means. 

Annual Estimated Burden Hours: 15 

hours. 

Addresses: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention: 

MARAD Desk Officer. 

Comments Are Invited On: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed 

information collection; (c) ways to 

enhance the quality, utility and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication. 

Authority: 49 CFR 1.66. 

Issued in Washington, DC on May 11, 

2010. 

Murray Bloom, 

Acting Secretary, Maritime Administration. 

[FR Doc. 2010–11703 Filed 5–14–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2009–0322] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt fifty-three 

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: Effective date: The exemptions 

are effective May 17, 2010. Expiration 

date: The exemptions expire on 

Thursday, May 17, 2012. 

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 March 22, 2010, FMCSA 

published a Notice of receipt of Federal 

diabetes exemption applications from 

fifty-three individuals and requested 

comments from the public (75 FR 

13647). The public comment period 

closed on April 21, 2010, and one 

comment was received. 

FMCSA has evaluated the eligibility 

of the fifty-three 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 (68 FR 52441) 

Federal Register Notice in conjunction 

with the November 8, 2005 (70 FR 

67777) Federal Register Notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These fifty-three applicants have had 

ITDM over a range of 1 to 53 years. 

These applicants report no 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices 27617 

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 his/her 

diabetes mellitus, 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 March 22, 

2010 Federal Register Notice, and 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 endocrinologists’ 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that in 

each case 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 

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 it is 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 one comment in this 

proceeding. The comment was 

considered and discussed below. 

The Pennsylvania Department of 

Transportation stated that it had 

reviewed the driving records for Dale J. 

Cleaver, Edgar R. Pole and Wayne F. 

Richards and was in favor of granting a 

Federal diabetes exemption to each of 

these individuals. 

Conclusion 

Based upon its evaluation of the fiftythree exemption applications, FMCSA 

exempts Deanna R. Alvarado, Howard 

H. Armstrong, Samuel D. Bentle, Mark 

S. Boettcher, Steven C. Boudreau, 

Charles Boulware, Jr., Roy L. Brokaw, 

Chris D. Chambers, Charles A. Cinert, 

Sr., John D. Clark, IV, Dale J. Cleaver, 

James H. Collins, William A. Donais, 

Lance L. Fuller, Johnny Gardner, Jr., 

Gregory S. Ghent, Mark D. Golden, 

Nathaniel W. Gorham, Younge W. 

Hooper, Eugene H. Johannes, Reginald 

K. Johnson, Sheldon R. Koehn, David L. 

Kreitzer, Jason R. Kropp, Joseph A. 

Laperle, David W. Letto, Robert D. 

Marquart, Francis E. Martinez, Stephen 

A. Miles, Raymond A. Montoya, Adolfo 

Moreno, Jr., Chad D. Morrison, Kevin R. 

Murphy, Kenneth S. Napieralski, Lowell 

G. Neumann, John T. Oliver, Jr., Steven 

G. Petersen, Edgar R. Polk, Damian J. 

Porter, Robert W. Prabucki, Edward R. 

Ramm, Wayne F. Richards, George H. 

Rollins, Jo Ellen Roshak, Gary G. 

Sironen, Rodney L. Stoltenberg, David 

Switala, Stanley C. Tarvidas, Jim D. 

Thomas, Florence E. Thompson, Joshua 

C. Thompson, Phillip M. Vinson and 

Camella C. Wilkins 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: May 5, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–11706 Filed 5–14–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Release Certain 

Properties From Certain Terms, 

Conditions, Reservations and 

Restrictions of a Quitclaim Deed 

Agreement Between the Hillsborough 

County Aviation Authority and the 

Federal Aviation Administration for the 

Tampa International Airport, Tampa, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The FAA hereby provides 

notice of intent to release certain airport 

properties 5.88 acres at the Tampa 

International Airport, Tampa, FL from 

certain conditions, reservations, and 

restrictions as contained in a Quitclaim 

Deed agreement between the FAA and 

the Hillsborough County Aviation 

Authority, dated November 5, 1947. The 

release of property will allow the 

Hillsborough County Aviation Authority 

to use property for other than 

aeronautical purposes. The property is 

located in the southeast quadrant of 

Tampa International Airport property, 

Hillsborough County, Florida. The 

parcel is currently designated as 

aeronautical use. The property will be 

used for nonaeronautical use/revenue 

generation. The fair market value of the 

property has been determined by 

appraisal to be $2,690,000. The airport 

will receive at least fair market rental 

value for the property. Documents 

reflecting the Sponsor’s request are 

available, by appointment only, for 

inspection at the Tampa International 

Airport and the FAA Airports District 

Office. 

SUPPLEMENTARY INFORMATION: Section 

125 of The Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (AIR–21) requires the FAA to 

provide an opportunity for public notice 

and comment prior to the ‘‘waiver’’ or 

‘‘modification’’ of a sponsor’s Federal 


srobinson on DSKHWCL6B1PROD with NOTICES