61188 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Frances Shaver, (202) 267–9681, or 

Katrina Holiday, (202) 267–3603, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on October 9, 

2008. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2008–0927. 

Petitioner: Honeywell, Defense & 

Space Electronics System. 

Section of 14 CFR Affected: 

§ 21.195(d)(2). 

Description of Relief Sought: 

Honeywell requests an exemption to 

gain an experimental airworthiness 

certificate to conduct customer crew 

training with less than 50 flight hours. 

[FR Doc. E8–24442 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for certain steel products 

used in Federal-aid bridge construction 

projects in North Carolina. 

DATES: The effective date of the waiver 

is October 16, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, gerald.yakowenko@dot.gov. 

For legal questions, please contact Mr. 

Michael Harkins, FHWA Office of the 

Chief Counsel, (202) 366–4928, 

michael.harkins@dot.gov. Office hours 

for the FHWA are from 7:45 a.m. to 4:15 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when application 

of the requirements would be 

inconsistent with the public interest or 

when satisfactory quality domestic steel 

and iron products are not sufficiently 

available. This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for specialty machinery and 

motor brakes used on certain bridge 

projects in North Carolina. 

In accordance with section 130 of 

Division K of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), on August 21, 2008, the FHWA 

published on its Web site a notice of 

intent to issue a waiver for machinery 

and motor brakes (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=19). The 

FHWA received one comment which 

supported the waiver if it is not for 

multiple applications. During the 15- 

day comment period, the FHWA 

conducted an additional nationwide 

review to locate potential domestic 

manufacturers of machinery and motor 

brakes. Based on all the information 

available to the Agency, including the 

response received to the notice as well 

as the Agency’s nationwide review, the 

FHWA concludes that there are no 

domestic manufacturers for these 

products, and a Buy America waiver is 

appropriate as provided by 23 CFR 

635.410(c)(1). 

In accordance with the provisions of 

section 117 of the ‘‘SAFETEA–LU 

Technical Corrections Act of 2008’’ 

(Pub. L. 110–244, 122 Stat.1572), the 

FHWA is providing this notice as its 

finding that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the links above to the North 

Carolina waiver pages noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Issued on: October 6, 2008. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E8–24529 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2008–0175] 

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 forty-seven 

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 

October 15, 2008. The exemptions 

expire on October 15, 2010. 

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 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61189 

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 19476, Apr. 11, 

2000). This statement is also available at 

http://Docketsinfo.dot.gov. 

Background 

On August 5, 2008, FMCSA published 

a notice announcing receipt of 

applications for exemption from the 

Federal diabetes standard from fortyseven individuals, and requested 

comments from the public (73 FR 

45519). The public comment period 

closed on September 4, 2008, and three 

comments were received. 

FMCSA has evaluated the eligibility 

of the forty-seven 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 2003 

Notice (68 FR 52442) 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 forty-seven applicants have had 

ITDM over a range of 1 to 46 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or that 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 or her 

diabetes, received education related to 

diabetes management, and is on a stable 

insulin regimen. Each driver reports 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 August 5, 

2008, Federal Register Notice (73 FR 

45519). 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 submits to FMCSA 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 to FMCSA 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 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 three comments in 

this proceeding. Two of the comments 

were recommendations in favor of 

granting the Federal diabetes exemption 

to Mr. Tyree L. Murdock II. and Mr. 

Brian Wallisch. The third comment was 

also a recommendation in favor of 

granting Federal diabetes exemptions to 

individuals with ITDM. 

Conclusion 

After considering the comments to the 

docket, and based upon its evaluation of 

the forty-seven exemption applications, 

FMCSA exempts, Robert V. Balmes, 

David R. Bauerdorf, Stephen R. Bortz, 

John A. Broeker, Daniel A. Brown, 

Floyd G. Burbach, Kenneth M. Brinker, 

Richard A. Bruyere, Randie L. Burrows, 

Scott R. Butler, Jay P. Cave, Jeffrey A. 

Clark, Terry C. Conwell, Steven M. 

French, Glennon E. Goetting, Philip P. 

Gray, John L. Hansen, Darin D. Harries, 

William E. Hollowell, Cindy L. HushinBrink, Steven L. Jensen, Mark A. 

Kabriel, Kevin K. Kimbro, Richard D. 

Knoche, Jonathan D. Koehn, Robert J. 

Lanczkowski, Terry G. Lindahl, Paula S. 

Lewis, Edward M. Mason, John M. 

McAuliffe, John A. McMurray, Kurt V. 

Miller, William W. Moffat, Tyree L. 

Murdock, II., Edward A. Ortega, David 

W. Payne, Richard Rodriguez, Scott D. 

Schultz, Daniel S. Sherman, Marvin R. 

Shipman, Mark W. Seem, Ricky Sirico, 

Daryl L. Vaughn, Brian K. Wallisch, 

Steven S. Whitt, Jr., Andrew A. Zizza, 

Mick B. Zoske, 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 


jlentini on PROD1PC65 with NOTICES
61190 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

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: September 25, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–24380 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Closing of Funding 

Availability and Request for Comments 

for the Capital Assistance to States— 

Intercity Passenger Rail Service 

Program for Fiscal Year 2008 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Closing of Funding Availability 

and Request for Comments. 

SUMMARY: On February 19, 2008, FRA 

issued a Notice of Funding Availability 

and Solicitation of Applications for the 

Capital Assistance to States—Intercity 

Passenger Rail Service Program for 

Fiscal Year (FY) 2008. On September 30, 

2008, DOT announced the selection of 

awardees for the available FY 2008 

funding. Therefore, FRA is now 

announcing that it will no longer be 

accepting applications for awards of the 

FY 2008 funding. FRA is also 

requesting, in preparation for a possible 

FY 2009 Notice of Funding Availability 

and Solicitation of Applications, that 

past and prospective applicants (or 

associations representing past and 

prospective applicants) submit 

comments regarding their experience 

with the program and suggestions for 

possible improvements. 

DATES: Comments should be submitted 

no later than December 5, 2008. 

ADDRESSES: Past and prospective 

applicants (or associations representing 

past and prospective applicants) may 

submit comments identified by the 

docket number FRA–2008–0115 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Fax: 1–202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number (FRA–2008–0115) for this 

program. Note that all comments 

received will be posted, without change, 

to http://www.regulations.gov, including 

any personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. Internet users 

may access comments received by DOT 

at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Schwartz, Office of Railroad 

Development (RDV–11), Federal 

Railroad Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Phone: (202) 493–6360; Fax: 

(202) 493–6330. 

SUPPLEMENTARY INFORMATION: FRA 

anticipates that it will publish during 

the second quarter of FY 2009 a Notice 

of Funding Availability and Solicitation 

of Applications for the Capital 

Assistance to States—Intercity 

Passenger Rail Service Program for 

funding made available for FY 2009. In 

preparation for such an announcement, 

FRA is requesting that past and 

prospective applicants submit 

comments regarding their experience 

with the program during FY 2008 and 

their suggestions for possible 

improvements. Those interested in 

submitting comments should do so by 

the methods specified in the ADDRESSES

heading above no later than December 5, 

2008. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of FRA’s dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of a State, 

association, business, or labor union). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://DocketsInfo.dot.gov. 

Issued in Washington, DC, on October 8, 

2008. 

Mark E. Yachmetz, 

Associate Administrator for Railroad 

Development. 

[FR Doc. E8–24524 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2008–0009, Notice 

No. 4] 

Declaration of Emergency Event 

AGENCY: Federal Railroad 

Administration, Department of 

Transportation. 

ACTION: Notice of declaration of 

emergency event. 

SUMMARY: On September 26, 2008, the 

Administrator of the Federal Railroad 

Administration (FRA) determined that 

the impending landfall of tropical storm 

Kyle on the coast of the United States 

and the potential of that storm to reach 

hurricane status constituted an 

emergency event as related to railroad 

operations. Accordingly, the 

Administrator activated the Emergency 

Relief Docket. This document provides 

notice of the Administrator’s 

determination. 

SUPPLEMENTARY INFORMATION: On 

September 26, 2008, the Administrator 

of FRA determined that the impending 

landfall of tropical storm Kyle on the 

coast of the United States and that 

potential of that storm to reach 

hurricane status constituted an 

emergency event pursuant to Title 49 

Code of Federal Refulations (CFR) Part 

211.45(c) and that public safety required 

the implementation of FRA’s emergency 

waiver rule directly related to the 

emergency. Accordingly, the 

Administrator activated the Emergency 

Relief Docket (Docket Number FRA– 

2008–0009) and in accordance with 49 

CFR Part 211.45(g), petitions received in 

that docket pursuant to this emergency 

event will be handled according to the 

requirements of 49 CFR Part 211.45(g)– 

(j). 

Interested parties are reminded that 

the procedures in 49 CFR Part 211.45 

provide for expedited review and 

processing of emergency waiver 

petitions. Accordingly, in accordance 

with 49 CFR Part 211.45(h), any person 

wishing to comment on petitions for 

emergency waivers should submit their 

comments to the docket within 72 hours 

from the close of business on the day 

that the petition is posted in the public 

docket. Any person desiring a public 


jlentini on PROD1PC65 with NOTICES