[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31640-31641]
[FR Doc No: 2015-13464]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0092]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
15 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 June 28, 2015. Comments must be
received on or before July 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0092], 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 self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>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:

I. 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.

II. Exemption Decision

    This notice addresses 15 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 15 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Christopher L. Bagby (VA), Jan M. Bernath (OH), Joseph L. Butler (IN),
Shawn M. Carroll (OK), John C. Dimassa (WA), Mark T. Gileau (CT),
Robert A. Goerl, Jr. (PA), Peter D. Gouge (IA), Alan D. Harberts (IA),
Paul M. Hinkson (TN), Wendell S. Sehen (OH), Gary E. Valentine (OH),
Kevin W. Van Arsdol (CO), Charles Van Dyke (WI), Harlon C. VanBlaricom
(MN)

    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 requirements 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.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 15 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (76 FR 25766; 76 FR 37885; 78 FR 37270). Each of these 15
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an

adequate basis for predicting each driver's ability to continue to
drive safely in interstate commerce. Therefore, FMCSA concludes that
extending the exemption for each renewal applicant for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2011-0092), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2011-0092'' in the ``Keyword'' box,
and click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may change this notice based on your
comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2011-0092'' in the ``Keyword'' box and click ``Search.'' Next,
click ``Open Docket Folder'' button choose the document listed to
review. If you do not have access to the Internet, you may view the
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

    Issued on: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13464 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Rules and Regulations]
[Pages 69161-69163]
[FR Doc No: 2021-26496]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0711; Project Identifier 2019-CE-024-AD; Amendment
39-21814; AD 2021-23-16]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Pacific Aerospace Limited Model 750XL airplanes. This AD was
prompted by mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI identifies
the unsafe condition as chafing of the engine fuel feed line hoses.
This AD requires inspecting the engine fuel feed line hoses and the
electrical wiring and rerouting all fuel lines. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective January 11, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 11,
2022.

ADDRESSES: For service information identified in this final rule,
contact the Civil Aviation Authority of New Zealand, Level 15, Asteron
Centre, 55 Featherston Street, Wellington 6011; phone: +64 4 560 9400;
fax: +64 4 569 2024; email: [email protected]. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0711.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0711; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial-numbered
Pacific Aerospace Limited Model 750XL airplanes fitted with an air
conditioner and/or standby alternator. The NPRM published in the
Federal Register on August 27, 2021 (86 FR 48086). The NPRM was
prompted by MCAI originated by the Civil Aviation Authority (CAA),
which is the aviation

authority for New Zealand. The CAA of New Zealand has issued AD DCA/
750XL/37, effective April 25, 2019 (referred to after this as ``the
MCAI''), to correct an unsafe condition for certain Pacific Aerospace
Limited Model 750XL airplanes. The MCAI states:

    DCA/750XL/37 is prompted by a review of the installation of the
engine fuel lines and the electrical installation forward of the
engine firewall on aircraft fitted with an air conditioner and/or a
standby alternator, including those aircraft configured for the
installation of an air conditioner and/or a standby alternator. It
was found that the engine fuel feed lines hoses could possibly chafe
against the adjacent electrical wiring and the ignition exciter,
which could result in a fuel leak and possible fire. The [CAA] AD is
issued to introduce the corrective actions in Pacific Aerospace
Mandatory Service Bulletin (MSB) PACSB/XL/113 issue 2, dated 8 March
2019.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0711.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an individual who supported the
NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA reviewed the relevant
data, considered any comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/113, Issue 2, dated March 8, 2019. The service information
contains procedures for inspecting the engine fuel feed line hoses and
the electrical wiring for chafing or damage, rerouting all fuel lines
and the fuel transducer and pressure switch wiring (including
installing P clips), and inspecting the fuel hose for chafing and
replacing chafed fire sleeves or fuel hoses if necessary. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in ADDRESSES.

Differences Between This AD and the MCAI

    The MCAI requires an inspection at the next 150 hour maintenance
inspection or within the next 50 hours time-in-service (TIS), whichever
occurs later, while this AD requires those actions within 50 hours TIS
or at the next annual inspection after the effective date of this AD,
whichever occurs later. If there is no chafing and damage found during
the inspection, the MCAI requires certain follow-on actions at the next
300 hour maintenance inspection or within the next 50 hours TIS,
whichever is later. This AD requires those actions within 50 hours TIS
or at the next annual inspection, whichever occurs later, because there
is no regulatory requirement for operators in the U.S. to have 150-hour
or 300-hour maintenance inspections.

Costs of Compliance

    The FAA estimates that this AD affects 23 airplanes of U.S.
registry. The FAA also estimates that it will take about 5 work-hours
per airplane and require parts costing $20 per airplane to comply with
the inspection and re-routing that are required by this AD. The average
labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the inspection and re-
routing cost of this AD on U.S. operators to be $10,235, or $445 per
airplane.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-23-16 Pacific Aerospace Limited:Amendment 39-21814; Docket No.
FAA-2021-0711; Project Identifier 2019-CE-024-AD.

 (a) Effective Date

    This airworthiness directive (AD) is effective January 11, 2022.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, serial numbers 101 through 215 inclusive, 220, 8001, and
8002, certificated in any category, that are fitted with an air
conditioner and/or a standby alternator, including airplanes
configured for the installation of an air conditioner and/or a
standby alternator, as

shown in Figure 1 of Part A in Pacific Aerospace Mandatory Service
Bulletin PACSB/XL/113, Issue 2, dated March 8, 2019 (MSB PACSB/XL/
113, Issue 2).

 (d) Subject

    Joint Aircraft System Component (JASC) Code 2820, Aircraft Fuel
Distribution, and 2497, Electrical Power System Wiring.

 (e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as chafing of the
engine fuel feed line hoses. The FAA is issuing this AD to prevent
chafing of the engine fuel feed line hoses with electrical wiring
and the ignition exciter located forward of the engine firewall. The
unsafe condition, if not addressed, could result in a fuel leak and
fire.

 (f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

 (g) Required Actions

    Within 50 hours time-in-service (TIS) or at the next annual
inspection after the effective date of this AD, whichever occurs
later, inspect the engine fuel feed line hoses and the electrical
wiring for chafing and damage in accordance with the Accomplishment
Instructions, Part A steps (3) and (4), in MSB PACSB/XL/113, Issue
2.
    (1) If there is any chafing or damage that penetrates the orange
outer covering of the fuel line fire sleeve or if there is any
chafed or damaged electrical wiring, before further flight, inspect
the fuel hose for chafing, replace any chafed fire sleeve or fuel
hose, and reroute all fuel lines in accordance with the
Accomplishment Instructions, Part B, in MSB PACSB/XL/113, Issue 2.
    (2) If there are no chafed or damaged engine fuel feed line
hoses and no chafed or damaged electrical wiring, within 50 hours
TIS or at the next annual inspection, whichever occurs later,
reroute all fuel lines in accordance with the Accomplishment
Instructions, Part B, in MSB PACSB/XL/113, Issue 2.

 (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (i)(1) of this AD or
email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

 (i) Related Information

    (1) For more information about this AD, contact Mike Kiesov,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to Civil Aviation Authority (CAA) of New Zealand AD
DCA/750XL/37, effective April 25, 2019, for more information. You
may examine the CAA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0711.

 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/113,
Issue 2, dated March 8, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact the
CAA of New Zealand, Level 15, Asteron Centre, 55 Featherston Street,
Wellington 6011; phone: +64 4 560 9400; fax: +64 4 569 2024; email:
[email protected].
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26496 Filed 12-6-21; 8:45 am]
BILLING CODE 4910-13-P