52818 Federal Register / Vol. 75, No. 166 / Friday, August 27, 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. 

1The original rights were obtained by R.J. Corman 

Railroad Property, LLC (RJCP) as incidental trackage 

rights to a lease of another line exempted under 49 

CFR § 1150.41 in R.J. Corman Railroad Property, 

LLC—Lease Exemption—Line of CSX 

Transportation, Inc., FD 34625 (STB served Mar. 4, 

2005). RJCP assigned the trackage rights to RJCC, its 

corporate affiliate. The assignment was exempted 

under 49 CFR § 1150.41 in R.J. Corman Railroad/ 

Central Kentucky Lines, LLC—Acquisition and 

Operation Exemption—Line of R.J. Corman 

Railroad Property, LLC, FD 34624 (STB served Feb. 

23, 2005). In 2008, the parties’ limited overhead 

trackage rights agreement was modified to allow 

RJCC to move carloads of cement and general 

merchandise between specified points in Kentucky. 

See R.J.Corman R.R./Cent. Ky. Lines, LLC— 

Trackage Rights Exemption—CSX Transp., Inc., FD 

35124, (STB served Apr. 10, 2008). 

2Applicant states that the earlier notices of 

exemption (FD 34624, FD 34625, and FD 35124) 

referred to the HK Tower being located at milepost 

12.49. In this notice, it is referred to as being 

located at milepost 12.5, but applicant explains that 

it is in the same location as before. 

in 2010 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; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Velasco meets the requirements of the 

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

His optometrist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL license from Maryland. 

Joshua R. Wiery 

Mr. Wiery, 39, has had ITDM since 

1978. His endocrinologist examined him 

in 2010 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; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Wiery meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he has stable 

proliferative diabetic retinopathy. He 

holds a Class D operator’s license from 

Ohio. 

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: August 20, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–21428 Filed 8–26–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35386] 

R.J. Corman Railroad Company/ 

Central Kentucky Lines, LLC— 

Trackage Rights Exemption—CSX 

Transportation, Inc. 

Pursuant to a written supplemental 

agreement dated July 28, 2010, CSX 

Transportation, Inc. (CSXT) has agreed 

to grant additional limited overhead 

trackage rights 1 to R.J. Corman Railroad 

Company/Central Kentucky Lines, LLC 

(RJCC) over a CSXT line of railroad 

extending between (1) milepost 00T 

12.5 at HK Tower and milepost 00T 2.6 

at Frankfort Avenue; and (2) milepost 

00T 2.6 at Frankfort Avenue and 

milepost 000 6.4 at Osborne Yard in the 

vicinity of Big Ditch, all in the vicinity 

of Louisville, Ky., a distance of 

approximately 17 miles.2

The transaction may be consummated 

on or after September 10, 2010, the 

effective date of the exemption (30 days 

after the exemption is filed). The 

purpose of the amended trackage rights 

agreement is to allow RJCC to move ties, 

ballast and other track material 

efficiently in coordination with the 

movement of its aluminum unit trains. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Railway—Trackage Rights— 

Burlington Northern, Inc., 354 I.C.C. 605 

(1978), as modified in Mendocino Coast 

Railway—Lease and Operate— 

California Western Railroad, 360 I.C.C. 

653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the notice contains false 

or misleading information, the 

exemption is void ab initio. Petitions to 

revoke the exemption under 49 U.S.C. 

10502(d) may be filed at any time. The 

filing of a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed by September 3, 2010 (at least 7 

days before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35386, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Michael J. Barron, Jr., 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 23, 2010. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52819 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. 2010–21330 Filed 8–26–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver of 

Aeronautical Land-Use Assurance; 

Rickenbacker International Airport, 

Columbus, OH 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of release of waiver with 

respect to land. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to change a portion of the 

airport from aeronautical use to nonaeronautical use and to authorize the 

release of 13.105 acres of airport 

property for the proposed development 

of bulk warehouse/distribution facilities 

as a component of the Rickenbacker 

Global Logistics Park. The land was 

acquired by the Rickenbacker Port 

Authority through two Quitclaim Deeds 

dated March 30, 1984 from the 

Administrator of General Services for 

the United States of America and May 

11, 1999 from the United States of 

America, acting by and through the 

Secretary of the Air Force. The property 

is no longer needed for aeronautical use. 

Approval does not constitute a 

commitment by the FAA to financially 

assist in the disposal of the subject 

airport property nor a determination of 

eligibility for grant-in-aid funding from 

the FAA. The disposition of proceeds 

from the disposal of the airport property 

will be in accordance with FAA’s Policy 

and Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

In accordance with section 47107(h) 

of title 49, United States Code, this 

notice is required to be published in the 

Federal Register 30 days before 

modifying the land-use assurance that 

requires the property to be used for an 

aeronautical purpose. 

DATES: Comments must be received on 

or before September 27, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Diane Morse, Program Manager, Detroit 

Airports District Office, 11677 South 

Wayne Road, Suite 107, Romulus, 

Michigan 48174. Telephone Number: 

(734)–229–2929/FAX Number: (734)– 

229–2950. Documents reflecting this 

FAA action may be reviewed at this 

same location or at Rickenbacker 

International Airport, Columbus, Ohio. 

SUPPLEMENTARY INFORMATION: Following 

is a legal description of the property 

situated in the State of Ohio, County of 

Pickaway, Townships of Harrison and 

Madison, lying in Section 18, Township 

10, Range 21, Congress Lands, being 

part of the remainder of the original 

2995.065 acre tract conveyed as Tract 1 

to Columbus Municipal Airport 

Authority by deed of record in Official 

Record 514, Page 2561, (all references 

are to the records of the Recorder’s 

Office, Pickaway County, Ohio) and 

being more particularly described as 

follows: 

Legal Description of Property 

Beginning at an angle point in the 

southerly line said 2995.065 acre (Tract 

1) at the northwesterly corner of a 

201.7757 acre tract conveyed to The 

Landings at Rickenbacker, LLC; 

Thence the following six (6) courses 

and distances on, over and across the 

said 2995.065 acre (Tract 1): 

North 39°42′45′′ West, a distance of 

666.60 feet, to a point; 

North 53°46′55′′ West, a distance of 

821.06 feet, to a point; 

North 86°24′00′′ West, a distance of 

151.16 feet, to a point; 

North 03°24′05′′ East, a distance of 

607.19 feet, to a point; 

South 44°30′28′′ East, a distance of 

2298.53 feet, to a point on the northerly 

line of said 201.7757 acre tract; 

North 86°24′01′′ West, a distance of 

408.93 feet, along said northerly line to 

the Point of Beginning, containing 

13.105 acres, more or less, in Pickaway 

County. 

The bearings in the above description 

are based on the bearing of North 

86°24′01′′ West, for the southerly line of 

the 2995.065 Acre (Tract 1) conveyed to 

Columbus Regional Airport Authority. 

This description was prepared from 

record information from Recorder’s 

Office, Franklin and Pickaway Countries 

and is not for the use of the transfer of 

real property. 

Stephanie R. Swann, 

Acting Manager, Detroit Airports District 

Office FAA, Great Lakes Region. 

[FR Doc. 2010–21210 Filed 8–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

August 24, 2010. 

The Department of the Treasury will 

submit the following public information 

collection requirements to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. A copy of 

the submissions may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding 

these information collections should be 

addressed to the OMB reviewer listed 

and to the Treasury PRA Clearance 

Officer, Department of the Treasury, 

1750 Pennsylvania Avenue, NW., Suite 

11010, Washington, DC 20220. 

DATES: Written comments should be 

received on or before September 27, 

2010 to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0823. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: FI–221–83 (NPRM) FI–100–83 

(Temporary Regulations) Indian Tribal 

Governments Treated as States For 

Certain Purposes. 

Abstract: These regulations relate to 

the treatment of Indian tribal 

governments as States for certain 

Federal tax purposes. The regulations 

provide that if the governing body of a 

tribe, or its subdivision, is not 

designated as an Indian tribal 

government or subdivision thereof for 

purpose of sections 7701(a)(40) and 

7871, it may apply for a ruling from the 

IRS. 

Respondents: State, Local, and Tribal 

Governments. 

Estimated Total Burden Hours: 25 

hours. 

OMB Number: 1545–1013. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: Return of Excise Tax on 

Undistributed Income of Real Estate 

Investment Trusts. 

Form: 8612. 

Abstract: Form 8612 is used by real 

estate investment trusts to compute and 

pay the excise tax on undistributed 

income imposed under section 4981. 

IRS uses the information to verify that 

the correct amount of tax has been 

reported. 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 196 

hours. 

OMB Number: 1545–1710. 

Type of Review: Revision of a 

currently approved collection. 

Title: Revenue Procedure 2005–60, 

Form 940 e-file Program. 

Abstract: Revenue Procedure 2005–60 

(supersedes 2001–9) provides guidance 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES