63536 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

UTA operates light rail vehicles that 

meet the equipment standards of the 

California Public Utilities Commission, 

General Order 143–B. The risk of 

collision between TRAX light rail 

vehicles will be minimized because 

movement of TRAX vehicles currently 

is controlled by UTA controllers in 

accordance with established operating 

rules. For this new extension, the same 

procedures will be in place. 

Specifically, UTA seeks a waiver from 

certain portions of 49 CFR, particularly 

§§ 219 Control of Alcohol and Drug Use; 

221 Rear End Marking Devices; 222 Use 

of Locomotive Horns at Public HighwayRail Grade crossings; 223 Safety Glazing 

Standards; 225 Railroad Accidents/ 

Incidents; 228 Hours of Service of 

Railroad Employees; 229 Locomotive 

Safety Standards; 231 Railroad Safety 

Appliance Standards; 234 Grade 

Crossing Signal Systems Safety; 238 

Passenger Equipment Safety Standards; 

239 Passenger Rail Emergency 

Preparedness; and 240 Qualification and 

Certification of Locomotive Engineers. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–1999– 

6253) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of 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) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on October 8, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–26012 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0328] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 27 individuals for 

exemption from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before November 15, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0328 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: 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 numbers for this notice. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

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 grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-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 

statute also allows the Agency to renew 

exemptions at the end of the 2-year 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63537 

period. The 27 individuals listed in this 

notice have recently requested such an 

exemption from the diabetes prohibition 

in 49 CFR 391.41(b) (3), which applies 

to drivers of CMVs in interstate 

commerce. Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by the statutes. 

Qualifications of Applicants 

Juan C. Araoz Cespedes 

Mr. Araoz Cespedes, age 50, has had 

ITDM since 2008. 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. 

Araoz Cespedes 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 nonproliferative diabetic 

retinopathy. He holds an operator’s 

license from Virginia. 

William V. Barbrie 

Mr. Barbrie, 52, has had ITDM since 

2009. 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. 

Barbrie meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class 

10 operator’s license from Rhode Island, 

which allows him to operate any motor 

vehicle except a motorcycle and a 

vehicle that weighs more than 26,000 

pounds, carries 16 or more passengers 

or transports placarded amounts of 

hazardous materials. 

Kerry W. Blackwell 

Mr. Blackwell, 40, has had ITDM 

since 2003. 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. 

Blackwell 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 

Commercial Driver’s License (CDL) from 

Texas. 

Mark S. Braddom 

Mr. Braddom, 57, has had ITDM since 

2009. 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. 

Braddom 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 C 

CDL from Tennessee. 

Mike G. Brambila 

Mr. Brambila, 55, has had ITDM since 

2010. 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. 

Brambila 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 from Arizona. 

Matthew T. Brown 

Mr. Brown, 31, has had ITDM since 

age 1991. 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. 

Brown 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 B 

CDL from Florida. 

Richard G. Bruehl 

Mr. Bruehl, 64, has had ITDM since 

2008. 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. 

Bruehl meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from Pennsylvania. 

John P. Catalano 

Mr. Catalano, 44, has had ITDM since 

1975. 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. 

Catalano currently has a federal 

exemption to the vision standard, 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 D operator’s license 

from New Jersey. 

Travis A. Chandler 

Mr. Chandler, 23, has had ITDM since 

1999. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

mstockstill on DSKH9S0YB1PROD with NOTICES

63538 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

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. 

Chandler 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 C 

operator’s license from Georgia. 

Christopher G. Chegas 

Mr. Chegas, 28, has had ITDM since 

1994. 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. 

Chegas 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 

nonproliferative diabetic retinopathy. 

He holds a Class C operator’s license 

from Pennsylvania. 

Gary J. Dionne 

Mr. Dionne, 42, has had ITDM since 

2003. 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. 

Dionne 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 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Idaho. 

Thomas C. Donahue 

Mr. Donahue, 58, has had ITDM since 

2009. 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. 

Donahue meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Massachusetts. 

Joseph G. Greatens 

Mr. Greatens, 63, has had ITDM since 

2010. 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. 

Greatens meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Wisconsin. 

Marlin K. Johnson 

Mr. Johnson, 70, has had ITDM since 

2007. 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. 

Johnson 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 from Minnesota. 

George Long, Jr. 

Mr. Long, 71, has had ITDM since 

1995. 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. 

Long 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 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from New 

Mexico. 

Cary C. McAlister 

Mr. McAlister, 39, has had ITDM 

since 2010. 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. 

McAlister meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class C 

CDL from Tennessee. 

Dennis P. Miller 

Mr. Miller, 53, has had ITDM since 

2010. 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. 

Miller 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 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from 

Wisconsin. 

Robert F. Minacapelli 

Mr. Minacapelli, 39, has had ITDM 

since 2009. 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) 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63539 

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. 

Minacapelli meets the requirements of 

the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from New York. 

Joe E. L. Radabaugh 

Mr. Radabaugh, 51, has had ITDM 

since 2009. 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. Radabaugh meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Raul F. Sanchez 

Mr. Sanchez, 56, has had ITDM since 

2010. 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. 

Sanchez 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 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Texas. 

Enrique E. Santiago 

Mr. Santiago, 51, has had ITDM since 

2007. 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. 

Santiago meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Florida. 

Thomas A. Schmitt 

Mr. Schmitt, 57, has had ITDM since 

2009. 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. 

Schmitt 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 D 

operator’s license from Iowa. 

Leo A. Schmitz 

Mr. Schmitz, 67, has had ITDM since 

2010. 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. 

Schmitz meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

Ben D. Shelton, Jr. 

Mr. Shelton, 41, has had ITDM since 

2010. 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. 

Shelton meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from Illinois. 

Marlon J. Vanderheiden 

Mr. Vanderheiden, 31, has had ITDM 

since 1989. 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. 

Vanderheiden 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 from Iowa. 

Nestor P. Vargas, Jr. 

Mr. Vargas, 43, has had ITDM since 

1992. 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. 

Vargas 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 an 

operator’s license from Washington. 

Harold A. Wendt 

Mr. Wendt, 75, has had ITDM since 

2005. 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. 

Wendt meets the requirements of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

63540 Federal Register / Vol. 75, No. 199 / Friday, October 15, 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. 

1 In a supplemental pleading filed October 6, 

2010, NSR states that the portion of the involved 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

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: October 8, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–26056 Filed 10–14–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Request for Public Comment, 

Morgantown Municipal Airport, 

Morgantown, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on the proposed release of 

46.53 acres of land currently owned by 

the City of Morgantown, Sponsor for the 

Morgantown Municipal Airport, 

Morgantown, West Virginia. The parcel 

is located within the Sixth Ward District 

of the City of Morgantown, 

Morgantown, West Virginia. The site is 

a 47.00 acre portion of the larger 

Morgantown Municipal Airport 

property. The land is currently being 

used as a cross wind runway. It has 

been determined that this runway is no 

longer needed for safety or capacity. The 

property is not a vital part of, or 

necessary for the Sponsor’s operation 

and development of the Morgantown 

Airport. Once released, the land will 

change to a non-aeronautical use and 

will be transferred to the West Virginia 

Army National Guard (‘‘AR–WVARNG’’). 

Thereafter, AR–WVARNG will construct 

or cause the construction of and operate 

a West Virginia Army National Guard 

Readiness Center on the property. The 

development of this property will also 

bring the construction of a roadway and 

utilities that will be needed for 

subsequent development of aviation 

facilities on a part of the airport that is 

now remote and without utilities or 

access. The airport land being released 

is not needed for airport development as 

shown on the Airport Layout Plan. Fair 

Market Value has been determined 

based upon an appraisal of the Property. 

DATES: Comments must be received on 

or before November 15, 2010. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Connie Boley-Lilly, Program 

Specialist, Federal Aviation 

Administration, Beckley Airports Field 

Office, 176 Airport Circle, Room 101, 

Beaver, West Virginia 25813. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Dan Boroff, 

City Manager of the City of 

Morgantown, Sponsor of Morgantown 

Municipal Airport at the following 

address: Dan Boroff, City Manager, City 

of Morgantown, Sponsor for 

Morgantown Municipal Airport, 389 

Spruce Street, Morgantown, West 

Virginia 26505. 

FOR FURTHER INFORMATION CONTACT: 

Connie Boley-Lilly, Program Specialist, 

Beckley Airport Field Office, (304) 252– 

6216 ext. 125, FAX (304) 253–8028. 

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the request to release 

property at the Morgantown Municipal 

Airport, Morgantown, WV. Under the 

provisions of AIR 21 (49 U.S.C. 47108 

(h)(2)). 

The Morgantown Municipal Airport is 

proposing the release of approximately 

46.53 acres of fee simple release to 

accommodate the construction of a West 

Virginia Army National Guard 

Readiness Center on the property. The 

crosswind runway, currently occupying 

the property, has been determined to be 

no longer need for safety and capacity 

at the airport. The release and sale of 

this property will allow the Sponsor to 

develop the roadway and utilities which 

will benefit this property, the hangar 

site, and the landside development site. 

This release will enhance the 

development of private aviation and 

commercial development of the east 

side of the airport. 

Issued in Beckley, West Virginia, on 

October 1, 2010. 

Matthew P. DiGiulian, 

Manager, Beckley Airport Field Office, 

Eastern Region. 

[FR Doc. 2010–25980 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35395] 

Norfolk Southern Railway Company— 

Trackage Rights Exemption—Illinois 

Central Railroad Company 

Pursuant to a written trackage rights 

agreement dated August 17, 2010, 

Illinois Central Railroad Company (IC) 

has agreed to grant overhead trackage 

rights to Norfolk Southern Railroad 

Company (NSR) over approximately 

199.1 miles of rail line controlled by 

IC,1 between: (1) Milepost 6.2 at Church, 

mstockstill on DSKH9S0YB1PROD with NOTICES