Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57329 

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: Jan 

Thor, (425–227–2127), Standardization 

Branch, ANM–113, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98057–3356, or 

Katherine L. Haley, (202) 493–5708, 

Office of Rulemaking, ARM–203, 

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 September 

15, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petitions for Exemption 

Docket No.: FAA–2010–0287. 

Petitioner: Bombardier Aerospace. 

Section of 14 CFR Affected: 

25.981(a)(3). 

Description of Relief Sought: 

Bombardier requests relief from the fault 

tolerance fuel tank ignition prevention 

requirements of § 25.981(a)(3) for its 

Model CL–600–2E25 (CRJ1000) series 

airplanes allowing them to (1) 

demonstrate that the structural design 

provides two independent, effective and 

reliable means of lightning strike 

protection, and (2) demonstrate 

compliance with this requirement by 24 

months after type certification of the 

airplane. 

[FR Doc. 2010–23390 Filed 9–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0188] 

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 twenty-one 

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 

September 20, 2010. The exemptions 

expire on September 20, 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 

Privacy Act Statement for the Federal 

Docket Management System (FDMS) 

published in the Federal Register on 

January 17, 2008 (73 FR 3316), or you 

may visit http://edocket.access.gpo.gov/ 

2008/pdf/E8-785.pdf. 

Background 

On July 21, 2010, FMCSA published 

a notice of receipt of Federal diabetes 

exemption applications from twentyone individuals and requested 

comments from the public (75 FR 

42477). The public comment period 

closed on August 20, 2010 and one 

comment was received. 

FMCSA has evaluated the eligibility 

of the twenty-one 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 

drivers with diabetes 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 twenty-one applicants have had 

ITDM over a range of 1 to 34 years. 

These applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (2 or more) severe 

hypoglycemic episodes in the past 5 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a 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 July 21, 

2010, Federal Register notice and they 

will not be repeated in this notice. 

Discussion of Comment 

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 record for Roy L. 

McKinney and was in favor of granting 

a Federal diabetes exemption to this 

individual. 


jdjones on DSK8KYBLC1PROD with NOTICES
57330 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

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. 

Conclusion 

Based upon its evaluation of the 

twenty-one exemption applications, and 

the comment from the Pennsylvania 

Department of Transportation, FMCSA 

exempts, Tommy S. Boden, Travis D. 

Bjerk, Scott L. Colson, Dustin G. Cook, 

Nathan J. Enloe, Stephen J. Faxon, 

Joseph B. Hall, Mark H. Horne, Michael 

J. Hurst, Chad W. Lawyer, John R. Little, 

Roy L. McKinney, Thomas A. Mentley, 

David W. Rogers, Joseph J. Schwartz, 

Justin P. Sibigtroth, Duane A. Wages, 

Roosevelt Whitehead, Michael J. 

Williams, Edward L. Winget, Sr. and 

Leonard M. Ziegler 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: September 14, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–23423 Filed 9–17–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Community Reinvestment Act 

AGENCY: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to comment on 

proposed and continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507. The Office of Thrift 

Supervision within the Department of 

the Treasury will submit the proposed 

information collection requirement 

described below to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. Today, OTS is soliciting 

public comments on its proposal to 

extend this information collection. 

DATES: Submit written comments on or 

before November 19, 2010. 

ADDRESSES: Send comments, referring to 

the collection by title of the proposal or 

by OMB approval number, to 

Information Collection Comments, Chief 

Counsel’s Office, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552; send a facsimile 

transmission to (202) 906–6518; or send 

an e-mail to 

infocollection.comments@ots.treas.gov. 

OTS will post comments and the related 

index on the OTS Internet Site at 

http://www.ots.treas.gov. In addition, 

interested persons may inspect 

comments at the Public Reading Room, 

1700 G Street, NW by appointment. To 

make an appointment, call (202) 906– 

5922, send an e-mail to 

public.info@ots.treas.gov, or send a 

facsimile transmission to (202) 906– 

7755. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information 

about this proposed information 

collection from Ms. Bobbie K. Kennedy 

at (202) 906–6050, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: OTS may 

not conduct or sponsor an information 

collection, and respondents are not 

required to respond to an information 

collection, unless the information 

collection displays a currently valid 

OMB control number. As part of the 

approval process, we invite comments 

on the following information collection. 

Comments should address one or 

more of the following points: 

a. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of OTS; 

b. The accuracy of OTS’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; 

d. Ways to minimize the burden of the 

information collection on respondents, 

including through the use of 

information technology. 

We will summarize the comments 

that we receive and include them in the 

OTS request for OMB approval. All 

comments will become a matter of 

public record. In this notice, OTS is 

soliciting comments concerning the 

following information collection. 

Title of Proposal: Community 

Reinvestment Act. 

OMB Number: 1550–0012. 

Form Number: N/A. 

Description: The Community 

Reinvestment Act regulation requires 

the OTS, as well as the Office of the 

Comptroller of the Currency, the Board 

of Governors of the Federal Reserve 

System, and the Federal Deposit 

Insurance Corporation (collectively, the 

Agencies), to evaluate and assign ratings 


jdjones on DSK8KYBLC1PROD with NOTICES