30-Day FR Notice

Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices

srobinson on DSKHWCL6B1PROD with NOTICES

request may be found at http://
www.wto.org in a document designated
as WT/DS406/1. USTR invites written
comments from the public concerning
the issues raised in this dispute.
DATES: Although USTR will accept any
comments received during the course of
the dispute settlement proceedings,
comments should be submitted on or
before June 16, 2010 to be assured of
timely consideration by USTR.
ADDRESSES: Public comments should be
submitted electronically to http://
www.regulations.gov, docket number
USTR–2010–0013. If you are unable to
provide submissions to http://
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission. If (as explained below),
the comment contains confidential
information, then the comment should
be submitted by fax only to Sandy
McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Richard Chriss, Chief Agriculture
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
3150.
SUPPLEMENTARY INFORMATION: USTR is
providing notice that consultations have
been requested pursuant to the WTO
Understanding on Rules and Procedures
Governing the Settlement of Disputes
(‘‘DSU’’). If such consultations should
fail to resolve the matter and a dispute
settlement panel is established pursuant
to the DSU, such panel, which would
hold its meetings in Geneva,
Switzerland, would be expected to issue
a report on its findings and
recommendations within nine months
after it is established.
Major Issues Raised by Indonesia
On April 8, 2010, USTR received a
letter from Indonesia requesting
consultations regarding a provision of
the Family Smoking Prevention and
Tobacco Control Act (Pub. L. 111–31)
(the ‘‘Act’’), which was signed into law
June 22, 2009. Indonesia alleges that,
among other things, the Act bans the
production or sale in the United States
of cigarettes containing certain
additives, including clove, but would
continue to permit the production and
sale of other cigarettes, including
cigarettes containing menthol,
beginning 90 days after the legislation
was signed into law. Indonesia appears
to allege that this provision of the Act
are inconsistent with the General
Agreement on Tariffs and Trade 1994,
Articles III:4 and XX; the Agreement on
the Application of Sanitary and
Phytosanitary Measures, Articles 2, 3, 5

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and 7; and the Agreement on Technical
Barriers to Trade, Articles 2 and 12.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit public comments
electronically to http://
www.regulations.gov docket number
USTR–2010–0013. If you are unable to
provide submissions by http://
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
To submit comments via http://
www.regulations.gov, enter docket
number USTR–2010–0013 on the home
page and click ‘‘search’’. The site will
provide a search-results page listing all
documents associated with this docket.
Find a reference to this notice by
selecting ‘‘Notice’’ under ‘‘Document
Type’’ on the left side of the searchresults page, and click on the link
entitled ‘‘Submit a Comment.’’ (For
further information on using the http://
www.regulations.gov Web site, please
consult the resources provided on the
Web site by clicking on ‘‘How to Use
This Site’’ on the left side of the home
page.)
The http://www.regulations.gov site
provides the option of providing
comments by filing in a ‘‘Type Comment
and Upload File’’ field, or by attaching
a document. It is expected that most
comments will be provided in an
attached document. If a document is
attached, it is necessary and sufficient to
type ‘‘See attached’’ in the ‘‘Type
Comment and Upload File’’ field.
A person requesting that information
contained in a document submitted by
that person be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. Confidential business
information must be clearly designated
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’ at
the top and bottom of the cover page
and each succeeding page. Any
comment containing business
confidential information must be
submitted by fax to Sandy McKinzy at
(202) 395–3640. A non-confidential
summary of the confidential
information must be submitted to http://
www.regulations.gov. The nonconfidential summary will be placed in
the docket and open to public
inspection.
Information or advice contained in a
comment submitted, other than business

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confidential information, must be
determined by USTR to be confidential
in accordance with section 135(g)(2) of
the Trade Act of 1974 (19 U.S.C.
2155(g)(2)). If the submitter believes that
information or advice may qualify as
such, the submitter—
(1) Must clearly so designate the
information or advice;
(2) Must clearly mark the material as
‘‘SUBMITTED IN CONFIDENCE’’ at the
top and bottom of the cover page and
each succeeding page; and
(3) Must provide a non-confidential
summary of the information or advice.
Any comment containing confidential
information must be submitted by fax to
Sandy McKinzy at (202) 395–3640. A
non-confidential summary of the
confidential information must be
submitted to http://
www.regulations.gov. The nonconfidential summary will be placed in
the docket and open to public
inspection.
USTR will maintain a docket on this
dispute settlement proceeding,
accessible to the public. The public file
will include non-confidential comments
received by USTR from the public with
respect to the dispute. If a dispute
settlement panel is convened or in the
event of an appeal from such a panel,
the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions,
received from other participants in the
dispute, will be made available to the
public on USTR’s Web site at http://
www.ustr.gov, and the report of the
panel, and, if applicable, the report of
the Appellate Body, will be available on
the Web site of the World Trade
Organization, http://www.wto.org.
Comments will be placed in the
docket and open to public inspection
pursuant to 15 CFR 2006.13, except
confidential business information
exempt from public inspection in
accordance with 19 U.S.C. 2155(g)(2).
Comments open to public inspection
may be viewed on the http://
www.regulations.gov Web site.
Steven F. Fabry,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 2010–11614 Filed 5–14–10; 8:45 am]
BILLING CODE 3190–WO–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
Reports, Forms and Recordkeeping
Requirements; Agency Information
Collection Activity Under OMB Review
AGENCY:

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Maritime Administration, DOT.

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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices

srobinson on DSKHWCL6B1PROD with NOTICES

ACTION: Notice and request for
comments.
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection abstracted below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The nature of the information
collection is described as well as its
expected burden. The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on February 26, 2010. No comments
were received.
DATES: Comments must be submitted on
or before June 16, 2010.
FOR FURTHER INFORMATION CONTACT:
Thomas M.P. Christensen, Maritime
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: 202–366- 5909; or e-mail:
tom.christensen@dot.gov. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION: Maritime
Administration (MARAD).
Title: Voluntary Tanker Agreement.
OMB Control Number: 2133–0505.
Type of Request: Extension of
currently approved collection.
Affected Public: U.S.-flag and U.S.
citizen-owned vessels that are required
to respond under current statute and
regulation.
Form (s): None.
Abstract: This collection of
information is used to gather
information regarding the location of
U.S.-flag vessels and certain other U.S.
citizen-owned vessels for the purpose of
search and rescue in the saving of lives
at sea and for the marshalling of ships
for national defense and safety
purposes. This collection consists of
vessels that transmit their positions
through various electronic means.
Annual Estimated Burden Hours: 15
hours.
Addresses: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention:
MARAD Desk Officer.
Comments Are Invited On: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility and clarity

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of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication.
Authority: 49 CFR 1.66.
Issued in Washington, DC on May 11,
2010.
Murray Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. 2010–11703 Filed 5–14–10; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2009–0322]

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 fifty-three
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: Effective date: The exemptions
are effective May 17, 2010. Expiration
date: The exemptions expire on
Thursday, May 17, 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

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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 19477, Apr. 11,
2000). This statement is also available at
http://www.regulations.gov.
Background
On March 22, 2010, FMCSA
published a Notice of receipt of Federal
diabetes exemption applications from
fifty-three individuals and requested
comments from the public (75 FR
13647). The public comment period
closed on April 21, 2010, and one
comment was received.
FMCSA has evaluated the eligibility
of the fifty-three 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
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 fifty-three applicants have had
ITDM over a range of 1 to 53 years.
These applicants report no

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