Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices 27615 

request may be found at http:// 

www.wto.org in a document designated 

as WT/DS406/1. USTR invites written 

comments from the public concerning 

the issues raised in this dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before June 16, 2010 to be assured of 

timely consideration by USTR. 

ADDRESSES: Public comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2010–0013. If you are unable to 

provide submissions to http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. If (as explained below), 

the comment contains confidential 

information, then the comment should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: 

Richard Chriss, Chief Agriculture 

Counsel, Office of the United States 

Trade Representative, 600 17th Street, 

NW., Washington, DC 20508, (202) 395– 

3150. 

SUPPLEMENTARY INFORMATION: USTR is 

providing notice that consultations have 

been requested pursuant to the WTO 

Understanding on Rules and Procedures 

Governing the Settlement of Disputes 

(‘‘DSU’’). If such consultations should 

fail to resolve the matter and a dispute 

settlement panel is established pursuant 

to the DSU, such panel, which would 

hold its meetings in Geneva, 

Switzerland, would be expected to issue 

a report on its findings and 

recommendations within nine months 

after it is established. 

Major Issues Raised by Indonesia 

On April 8, 2010, USTR received a 

letter from Indonesia requesting 

consultations regarding a provision of 

the Family Smoking Prevention and 

Tobacco Control Act (Pub. L. 111–31) 

(the ‘‘Act’’), which was signed into law 

June 22, 2009. Indonesia alleges that, 

among other things, the Act bans the 

production or sale in the United States 

of cigarettes containing certain 

additives, including clove, but would 

continue to permit the production and 

sale of other cigarettes, including 

cigarettes containing menthol, 

beginning 90 days after the legislation 

was signed into law. Indonesia appears 

to allege that this provision of the Act 

are inconsistent with the General 

Agreement on Tariffs and Trade 1994, 

Articles III:4 and XX; the Agreement on 

the Application of Sanitary and 

Phytosanitary Measures, Articles 2, 3, 5 

and 7; and the Agreement on Technical 

Barriers to Trade, Articles 2 and 12. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov docket number 

USTR–2010–0013. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via http:// 

www.regulations.gov, enter docket 

number USTR–2010–0013 on the home 

page and click ‘‘search’’. The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Submit a Comment.’’ (For 

further information on using the http:// 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on ‘‘How to Use 

This Site’’ on the left side of the home 

page.) 

The http://www.regulations.gov site 

provides the option of providing 

comments by filing in a ‘‘Type Comment 

and Upload File’’ field, or by attaching 

a document. It is expected that most 

comments will be provided in an 

attached document. If a document is 

attached, it is necessary and sufficient to 

type ‘‘See attached’’ in the ‘‘Type 

Comment and Upload File’’ field. 

A person requesting that information 

contained in a document submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ at 

the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, must be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax to 

Sandy McKinzy at (202) 395–3640. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

USTR will maintain a docket on this 

dispute settlement proceeding, 

accessible to the public. The public file 

will include non-confidential comments 

received by USTR from the public with 

respect to the dispute. If a dispute 

settlement panel is convened or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute, will be made available to the 

public on USTR’s Web site at http:// 

www.ustr.gov, and the report of the 

panel, and, if applicable, the report of 

the Appellate Body, will be available on 

the Web site of the World Trade 

Organization, http://www.wto.org. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 19 U.S.C. 2155(g)(2). 

Comments open to public inspection 

may be viewed on the http:// 

www.regulations.gov Web site. 

Steven F. Fabry, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. 2010–11614 Filed 5–14–10; 8:45 am] 

BILLING CODE 3190–WO–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Reports, Forms and Recordkeeping 

Requirements; Agency Information 

Collection Activity Under OMB Review 

AGENCY: Maritime Administration, DOT. 


srobinson on DSKHWCL6B1PROD with NOTICES
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