64394 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

Specific limitations with respect to 

FAA’s approval of an airport noise 

compatibility program are delineated in 

FAR Part 150, section 150.5. Approval 

is not a determination concerning the 

acceptability of land uses under Federal, 

State, or local law. Approval does not by 

itself constitute an FAA implementing 

action. A request for Federal action or 

approval to implement specific noise 

compatibility measures may be 

required, and an FAA decision on the 

request may require an environmental 

assessment of the proposed action. 

Approval does not constitute a 

commitment by the FAA to financially 

assist in the implementation of the 

program nor a determination that all 

measures covered by the program are 

eligible for grant-in-aid funding from the 

FAA. Where Federal funding is sought, 

requests for project grants must be 

submitted to the FAA Chicago Airports 

District Office. 

These determinations are set forth in 

detail in a Record of Approval signed by 

Susan Schalk on October 1, 2010. The 

Record of Approval, as well as other 

evaluation materials and the documents 

comprising the submittal, are available 

for review at the FAA office listed above 

and at the administrative offices of the 

Chicago Executive Airport. The Record 

of Approval also will be available online 

at: http://www.faa.gov/airports/ 

environmental/airport_noise/part_150/ 

states/. 

Issued in Des Plaines, IL, October 6, 2010. 

James G. Keefer, 

Manager, Chicago Airports District Office. 

[FR Doc. 2010–26324 Filed 10–18–10; 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 the use of non-domestic 

Steel Pipe; A53 Grade B, 26′′ OD, 0.375′′ 

wall for construction of a Recovery Act 

project on SR 60, Section A40, in 

Allegheny County, Pennsylvania. 

DATES: The effective date of the waiver 

is October 20, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., est., 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 the 

application 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 to use nondomestic Steel Pipe; A53 Grade B, 26′′ 

OD, 0.375′′ wall for a portion of sign 

support structure No. S–28760 proposed 

for Recovery Act project on SR 60 in 

Alleghany County, PA. 

In accordance with Division A, 

section 123 of the ‘‘Consolidated 

Appropriations Act, 2010′′ (Pub. L. 111– 

117), the FHWA published a notice of 

intent to issue a waiver on its Web site 

Steel Pipe; A53 Grade B, 26′′ OD, 0.375′′ 

wall (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=51) on July 16th. The 

FHWA received five comments in 

response to the publication. The five 

comments suggested different domestic 

manufacturers of Steel Pipe; A53 Grade 

B and opposed the approval of the 

waiver request. The PennDOT contacted 

the potential domestic manufactures 

Berg Steel Corporation, McJunkin Red 

Man Corporation, and Trinity Prod. Berg 

Steel corporation stated that they do not 

have inventory in the pipe size 

requested. McJunkin Red Man 

Corporation responded that their pipe 

size is only 24′′ OD and not up to 26′′ 

OD. Trinity Prod. indicated that it can 

make the pipe size up to 26′′ OD, but the 

required quantity is less than 600 tons 

which is required to establish a 

production run. During the 15-day 

comment period, the FHWA conducted 

additional nationwide review to locate 

potential domestic manufacturers for a 

Steel Pipe; A53 Grade B, 26′′ OD, 0.375′′ 

wall. Based on all the information 

available to the agency, the FHWA 

concludes that there are no domestic 

manufacturers of Steel Pipe; A53 Grade 

B, 26′′ OD, 0.375′′ wall. Given the lack 

of current availability for domestic steel 

for this particular application, the 

FHWA has discussed the need for 

PennDOT to consider alternate designs 

using domestic steel on future Federalaid projects. 

In accordance with the provisions of 

section 117 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users 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 link provided to the 

Pennsylvania waiver page noted above. 

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

23 CFR 635.410. 

Issued on: October 7, 2010. 

Victor M. Mendez, 

Federal Highway Administrator. 

[FR Doc. 2010–26299 Filed 10–18–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0247] 

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 thirty-five 

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 19, 2010. The exemptions 

expire on October 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64395 

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 August 27, 2010, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

thirty-five individuals and requested 

comments from the public (75 FR 

52813). The public comment period 

closed on September 27, 2010 and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the thirty-five 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 thirty-five applicants have had 

ITDM over a range of 1 to 32 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 August 

27, 2010, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comment 

FMCSA did not receive any 

comments in this proceeding. 

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 

thirty-five exemption applications, 

FMCSA exempts, Eric A. Anderson, 

Leslie R. Auger, Charlie L. Beach, James 

R. Beals, Craig G. Benson, Gary G. 

Bland, Juan E. Boyd, Stanley A. Brown, 

Bradley R. Burns, Leo G. Dinero, 

Matthew A. Donaldson, Francisco 

Espinoza, Terry W. Ferguson, Thomas 

G. Flanagan, Stacey W. Fortner, Donald 

K. Fraase, David W. Fraunberger, Jason 

W. Geier, Howard W. Girvin, Scott R. 

Grange, John A. Hayes, Bradley D. 

Heagel, Richard P. Holmen, Richard A. 

Homstad, John R. Johnson, Johnny O. 

Laws, Sr., Harold A. Meeker, Jr., Ronald 

D. Olson, Maria C. Paraschivescu, Paul 

S. Perry, Michael Pittman, Israel Ramos, 

Todd E. Rowley, Daniel E. Velasco and 

Joshua R. Wiery 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

64396 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

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: October 13, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–26294 Filed 10–18–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7165; FMCSA– 

2006–24783; FMCSA–2008–0106; FMCSA– 

2008–0231; FMCSA–2008–0266] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 17 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective October 

22, 2010. Comments must be received 

on or before November 18, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2000–7165; FMCSA–2006–24783; 

FMCSA–2008–0106; FMCSA–2008– 

0231; FMCSA–2008–0266, using any of 

the following methods. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time 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. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our 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, etc.). 

You may review DOT’s Privacy Act 

Statement for the 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. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

absent such exemption.’’ The procedures 

for requesting an exemption (including 

renewals) are set out in 49 CFR part 381. 

Exemption Decision 

This notice addresses 17 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

17 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Rick A. Benevides 

Allen S. Bush 

Delone W. Dudley 

Irvin L. Eaddy 

James W. Lappan 

Jeromy W. Leatherman 

Ernest B. Martin 

Mark L. McWhorter 

Raymond C. Miller 

James G. Mitchell 

Dennis E. Palmer, Jr. 

John E. Rains 

Sylvester Silver 

James D. St. Peter 

Kenneth C. Steele 

Michael Sutton 

Brian W. Whitmer 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provides a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retains a copy of the 

certification on his/her person while 

driving for presentation to a duly 

authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES