[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63581-63583]
[DOCID:fr04de09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0797; Directorate Identifier 2009-CE-032-AD;
Amendment 39-16118; AD 2009-25-01]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation Models
58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC,
E55, E55A, F33A, and V35B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede AD 91-18-19, which applies to certain Hawker Beechcraft
Corporation (Hawker) (Type Certificate Numbers 3A15, 3A16, and A23CE
formerly held by Raytheon Aircraft Company; formerly held by Beech
Aircraft Corporation) Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55,
95-B55A, A36, A36TC, B36TC, E55, E55A, F33A, and V35B airplanes. AD 91-
18-19 currently requires you to do a one-time inspection of the pilot
and copilot shoulder harnesses for an incorrect washer and replace any
incorrect washer with the correct washer. Since we issued AD 91-18-19,
we have found that the applicability of AD 91-18-19 was incorrectly
stated when the Model A36TC airplane was omitted from the Applicability
section. Consequently, this AD would retain the actions and the serial
number (SN) applicability of AD 91-18-19 and realign the SN
applicability for Models A36TC and B36TC airplanes. We are issuing this
AD to detect and correct an incorrect washer installed in the pilot and
copilot shoulder harnesses. This incorrect part could result in a
malfunctioning shoulder harness. Such a malfunction could lead to
occupant injury.

DATES: This AD becomes effective on January 8, 2010.
    As of October 21, 1991 (56 FR 42224, August 27, 1991), the Director
of the Federal Register approved the incorporation by reference of
Beechcraft Mandatory Service Bulletin No. 2394, dated December 1990,
listed in this AD.

ADDRESSES: For service information identified in this AD, contact
Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085;
telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
pubs.hawkerbeechcraft.com.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2009-0797;
Directorate Identifier 2009-CE-032-AD.

FOR FURTHER INFORMATION CONTACT: Steve Potter, Aerospace Engineer, 1801
Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-
4124; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On August 20, 2009, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Hawker (Type Certificate Numbers 3A15, 3A16, and
A23CE formerly held by Raytheon Aircraft Company; formerly held by
Beech Aircraft Corporation) Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-
B55, 95-B55A, A36, A36TC, B36TC, E55, E55A, F33A, and V35B airplanes.
This proposal was published in the Federal Register as a notice of
proposed rulemaking (NPRM) on August 28, 2009 (74 FR 44311). The NPRM
proposed to supersede AD 91-18-19 (56 FR 42224, August 27, 1991) with a
new AD that would retain the actions and the SN applicability of AD 91-
18-19 and realign the SN applicability for Models A36TC and B36TC
airplanes.

Comments

    We provided the public the opportunity to participate in developing
this AD. We received no comments on the proposal or on the
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 4,792 airplanes in the U.S.
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost
                   Labor cost                                 Parts cost               Total cost      on U.S.
                                                                                per airplane    operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80................  Not applicable....................          $80      $383,360
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that may need this
replacement:

------------------------------------------------------------------------
                                                             Total cost
                 Labor cost                    Parts cost   per airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80............           $5           $85
------------------------------------------------------------------------

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.
    We are 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 AD.

Regulatory Findings

    We have determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2009-0797; Directorate Identifier 2009-CE-032-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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 removing Airworthiness Directive (AD)
91-18-19, Amendment 39-8022 (56 FR 42224, August 27, 1991), and adding
the following new AD:

2009-25-01 Hawker Beechcraft Corporation: Amendment 39-16118; Docket
No. FAA-2009-0797; Directorate Identifier 2009-CE-032-AD.

Effective Date

    (a) This AD becomes effective on January 8, 2010.

Affected ADs

    (b) This AD supersedes AD 91-18-19, Amendment 39-8022.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:
    (1) Group 1 Airplanes (retains the actions and applicability
from AD 91-18-19):

------------------------------------------------------------------------
                   Model                          Serial Nos. (SNs)
------------------------------------------------------------------------
58, 58A...................................  TH-733 through TH-1609.
58P, 58PA.................................  TJ-3 through TJ-497.
58TC, 58TCA...............................  TK-1 through TK-151.
95-B55, 95-B55A...........................  TC-1947 through TC-2456.
A36.......................................  E-825 through E-2578.
B36TC.....................................  EA-242 and EA-273 through EA-
                                             509.
E55, E55A.................................  TE-1078 through TE-1201.
F33A......................................  CE-634 through CE-1536.
V35B......................................  D-9862 through D-10403.
------------------------------------------------------------------------

     (2) Group 2 Airplanes (aligns certain SNs applicability to
Models A36TC airplanes):

------------------------------------------------------------------------
              Model                                 SNs
------------------------------------------------------------------------
A36TC............................  EA-1 through EA-241 and EA-243
                                    through EA-272.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of incorrect washers installed
in the pilot and copilot shoulder harnesses on certain Beech 33, 35,
36, 55, 58, and 95 series airplanes. We are issuing this AD to
detect and correct an incorrect washer installed in the pilot and
copilot shoulder harnesses. This incorrect part could result in a
malfunctioning shoulder harness. Such a malfunction could lead to
occupant injury.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the washers on    (i) For Group 1       Follow Beechcraft
 the ``D'' ring of the pilot   Airplanes: Within     Mandatory Service
 and copilot shoulder          the next 100 hours    Bulletin No. 2394,
 harnesses for correct         time-in-service       dated December
 metal, inner and outer        (TIS) after October   1990.
 diameter, and thickness.      21, 1991 (the
                               effective date of
                               AD 91-18-19).
                              (ii) For Group 2
                               Airplanes: Within
                               the next 100 hours
                               TIS after January
                               8, 2010 (the
                               effective date of
                               this AD).

(2) If you find, as a result  Before further        Follow Beechcraft
 of the inspection required    flight, after the     Mandatory Service
 by paragraph (e)(1) of this   inspection required   Bulletin No. 2394,
 AD, any washer does not       by paragraph (e)(1)   dated December
 meet the criteria for         of this AD.           1990.
 correct metal, inner and
 outer diameter, and
 thickness, replace the
 incorrect washer with part
 number 100951X060YA washer.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Steve Potter, Aerospace Engineer, ACE-118W, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (g) In reviewing the docket and project files, we found no AMOCs
submitted for AD 91-18-19. Since there are no AMOCs approved for AD
91-18-19 to approve for this AD, transfer of AMOCs to this AD does
not apply.

Material Incorporated by Reference

    (h) You must use Beechcraft Mandatory Service Bulletin No. 2394,
dated December 1990, to do the actions required by this AD, unless
the AD specifies otherwise. AD 91-18-19 (56 FR 42224; August 27,
1991), which is superseded by this airworthiness directive,
incorporated this service information by reference as Beech Service
Bulletin No. 2394, dated December 1990.
    (1) On October 21, 1991 (56 FR 42224, August 27, 1991), the
Director of the Federal Register approved the incorporation by
reference of Beechcraft Mandatory Service Bulletin No. 2394, dated
December 1990, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
pubs.hawkerbeechcraft.com.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on November 20, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28565 Filed 12-3-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46680-46681]
[FR Doc No: 2013-18501]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0063]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated June 6, 2013, the Association of American Railroads (AAR), on
behalf of itself and its member railroads, has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR Part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices. FRA assigned the
petition Docket Number FRA-2013-0063.
    Specifically, AAR seeks a waiver of compliance from Part 232,
Appendix B, Part 232 Prior to May 31, 2001 as Clarified Effective April
10, 2002, 232.17(b)(2). This section states that brake equipment on
passenger cars must be cleaned, repaired, lubricated, and tested as
often as necessary to maintain it in a safe and suitable condition for
service but not less frequently than as required in Standard S-045 in
the Manual of Standards and Recommended Practices (MSRP) of the AAR.
AAR petitioned FRA for a 5-year waiver so that AAR Standard S-4045 may
be used in lieu of the obsolete Standard S-045 for the frequency
requirements referenced in 49 CFR Part 232, Appendix B.
    AAR's Braking Systems Committee recently revised S-4045's Section
E, Passenger Equipment Maintenance Requirements of the AAR MSRP. The
revisions include a revised definition for a passenger equipment car as
``[R]ail rolling equipment that is used only for excursions,
recreational, or private transportation purposes (such as a vehicle
designed to carry railroad personnel). It does not apply to a passenger
car intended for use by members of the general public as defined in US
DOT-FRA Title 49, Code of Federal Regulations, Part 238.'' This
definition serves to address private passenger cars, particularly those
operated by freight railroads that may be handled in either freight or
passenger trains. Additionally, the revised standard aligns the
requirements for air brake periodic attention with 49 CFR 238.309,
Periodic brake equipment maintenance, to eliminate confusion for air
brake dates on equipment that may be subject to both Part 238 and non-
Part 238 service, i.e., passenger equipment that may be handled in
either freight or passenger trains. Passenger equipment has operated in
this dual service since 1999 with no significant difference in the
numbers of defects found in D-22 and 26-C valve components between the
service modes. Finally, S-4045 includes a clarification for the use of
freight valves on passenger equipment by addressing the use of Rule 3
of the Field Manual of the AAR Interchange Rules as the proper
reference for the maintenance of freight valves used on passenger
equipment. The change recommended in this waiver request maintains
existing safety levels and lessens compliance confusion by allowing
uniform periodic inspection dates for railroad and privately owned
passenger equipment, whether operating in a freight train, private
train, or a Part 238 passenger train. It also maintains safety while
reducing unnecessary costs.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    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 and may be submitted by any of the following
methods:

     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 by September 16, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    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 comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-18501 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46435-46437]
[FR Doc No: 2018-19728]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0578; Airspace Docket No. 18-AAL-10]
RIN 2120-AA66

Proposed Modification of Class E Airspace; Badami, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 1,200 feet above the surface at Badami Airport, AK. This
proposal would add exclusionary language to the legal description of
the airport to ensure the safety and management of aircraft within the
National Airspace System. Also, the geographic coordinates of the
airport would be adjusted.

DATES: Comments must be received on or before October 29, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0578; Airspace Docket No. 18-AAL-10, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information,

you can contact the Airspace Policy Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11B at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th St., Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace extending upward from 1,200 feet
above the surface at Badami Airport, AK, to support IFR operations in
standard instrument approach and departure procedures at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0578;
Airspace Docket No. 18-AAL-10''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th St., Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace extending
upward from 1,200 feet above the surface at Badami Airport, Badami, AK.
This action would add language to the legal description of the airport
to exclude that airspace extending beyond 12 miles of the shoreline.
This action is necessary to support IFR operations in standard
instrument approach and departure procedures at the airport.
    An editorial change also would be made to the airport's geographic
coordinates to bring them up to date with the FAA's aeronautical
database.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current,
and is non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Badami, AK [Amended]

    Badami, Badami Airport, AK
    (Lat. 70[deg]08'15'' N, long. 147[deg]01'50'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Badami Airport, AK; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of Badami Airport, AK, excluding that airspace extending
beyond 12 miles of the shoreline.

    Issued in Seattle, Washington, on September 5, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-19728 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21392-21393]
[FR Doc No: 2019-09936]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0137]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 30 individuals from the
hearing requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. The exemptions enable these hard of hearing and deaf
individuals to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on March 22, 2019. The exemptions
expire on March 22, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2018-0137 in the keyword box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document 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., ET,
Monday through Friday, except Federal holidays.

B. 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.

II. Background

    On February 21, 2019, FMCSA published a notice announcing receipt
of applications from 30 individuals requesting an exemption from the
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in
interstate commerce and requested comments from the public (84 FR
5544). The public comment period ended on March 25, 2019, and one
comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting 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)(11).

    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971
to allow drivers to be qualified under this standard while wearing a
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3,
1971).

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vincent Rangel noted
that he is in agreement with granting exemptions to hearing impaired
individuals. However, he feels the exemption should be tightly
monitored to ensure that the safety of the public is not threatened.
FMCSA agrees with this commenter and, as noted below, reviewed each
individual's driving record to determine whether granting an exemption
would pose a risk to public safety.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
for up to five years from the hearing standard in 49 CFR 391.41(b)(11)
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. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on current medical information and literature, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) No studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the Commercial
Driver's License Information System (CDLIS), for commercial driver's
license (CDL) holders, and inspections recorded in the Motor Carrier
Management Information System (MCMIS). For non-CDL holders, the Agency
reviewed the driving records from the State Driver's Licensing Agency
(SDLA). Each applicant's record demonstrated a safe driving history.
Based on an individual assessment of each applicant that focused on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce,
the Agency believes the drivers granted this exemption have
demonstrated that they do not pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the hearing standard in 49 CFR 391.41(b)(11) is likely
to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must report any crashes or accidents as defined in 49 CFR
390.5; (2) each driver must report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver is prohibited from operating a motorcoach or bus
with passengers in interstate commerce. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. In addition,
the exemption does not exempt the individual from meeting the
applicable CDL testing requirements.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 30 exemption applications, FMCSA
exempts the following drivers from the hearing standard, 49 CFR
391.41(b)(11), subject to the requirements cited above:

Maurice N. Abenchuchan (FL)
Gary Abendroth (WI)
Ronnie R. Adkins, (MO)
Brigit Anne Alm (WI)
Prince K. Bempong (TX)
Kenneth Blodeau (TX)
William B. Britt (TN)
James A. Bryan (AR)
Shawn R. Carico (TN)
Gillia J. Cobb (CA)
Perry Lynn Cobb (TN)
George P. Cuadera (MD)
Donte Darrington (MO)
Kevin A. Dent (MS)
Thomas Garro (AZ)
John L. Gonzagowski (MO)
Marc Graham (CA)
Jacob D. Hamilton (CA)
Robert R. Hefner (SC)
Dwayne Johnson (IL)
Marina S. Hernandez (NJ)
Patrick L. Johnson (MI)
Justin Kilgore (IA)
Lawrence Hung K. Lam (CA)
John N. McKee (IA)
John Rhoades (ID)
Darryl Rutland, (CA)
Phillip Shook Jr (MS)
Shana Williamson (TX)
Carl E. Wood (LA)
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

    Issued on: May 8, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-09936 Filed 5-13-19; 8:45 am]
 BILLING CODE 4910-EX-P


April 20, 2011

Dear CertaSprayTM Customer:

Safety is a priority for CertainTeed and the Spray Polyurethane Foam
(SPF) industry.  As you may know, both OSHA and EPA have been inspecting
SPF chemicals and installation practice, and working closely with the
SPF industry to create an awareness of the safety risks associated with
improper SPF installation practices.

The result of this work was the creation, in late 2010, of the American
Chemistry Council’s website,   HYPERLINK
"http://www.spraypolyurethane.org"  www.spraypolyurethane.org .  In
addition to being a reference for health and safety matters, the website
offers an online training module and a corresponding test that all
professional SPF applicators should take.  The training and test are
free and takes less than two hours to complete.  After successful
completion of the test, the ACC issues a “recognition of completion”
card to applicators who successfully pass the test.  The training module
and test will soon be available in Spanish as well.

As part of our commitment to safety for contractors, applicators and
homeowners, starting May 1st, 2011, CertainTeed will launch a safety
policy to require that all CertaSpray TM applicators complete the
training, pass the ACC test and hold a valid ACC SPF Safety Card.  The
card is valid for two years from the date of issuance.  CertainTeed
reserves the right to verify compliance with this requirement at any
time.

CertaSprayTM distributors should forward this letter to all CertaSprayTM
contractors, in order to ensure they comply with CertainTeed’s safety
policy as well.

We thank you for your compliance with CertainTeed’s safety policy.
Together we will grow the SPF market safely.

Sincerely,

Lionel Rossignol

Product Manager

CertainTeed Corp, Insulation Group

PS: Please forward copy of ACC Safety Card and contact information to
Denise Mattioli via email to   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>or via fax to<PHONE_NUMBER>.

CertainTeed Corporation

750 E. Swedesford Road  •  PO Box 860  •  Valley Forge, PA 19482
•   USA  •  Tel:<PHONE_NUMBER>  •    HYPERLINK
"http://www.certainteed.com"  www.certainteed.com