[Federal Register: November 10, 2009 (Volume 74, Number 216)]
[Rules and Regulations]
[Page 57907-57908]
[DOCID:fr10no09-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0272; FRL-8970-4]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District and South Coast
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and South
Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on June 26, 2009, and concern
particulate matter (PM) emissions from open burning, wood burning
fireplaces and heaters, and the storage, handling, and transportation
of coke, coal, and sulfur. We are approving local rules that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act).

DATES: Effective Date: This rule is effective on December 10, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0272 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On June 26, 2009, (74 FR 30485), EPA proposed to approve the
following rules into the California SIP:

----------------------------------------------------------------------------------------------------------------
                                            Rule                 Rule title             Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..................................         4103  Open Burning.................     05/17/07     04/06/09
SJVUAPCD..................................         4901  Wood Burning Fireplaces and       10/16/08     12/23/08
                                                          Wood Burning Heaters.
SCAQMD....................................         1158  Storage, Handling, Transport      07/11/08     12/23/08
                                                          of Coke, Coal and Sulfur.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 11, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: September 18, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(364)(i)(A)(2) and
(c)(364)(i)(B), and (c)(366) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (364) * * *
    (i) * * *
    (A) * * *
    (2) Rule 4901, ``Wood Burning Fireplaces and Wood Burning
Heaters,'' amended on October 16, 2008.
* * * * *
    (B) South Coast Air Quality Management District.
    (1) Rule 1158, ``Storage, Handling, and Transport of Coke, Coal and
Sulfur,'' amended July 11, 2008.
* * * * *
    (366) New and amended regulations for the following agencies were
submitted on April 6, 2009, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4103, ``Open Burning,'' amended May 17, 2007.
* * * * *
[FR Doc. E9-26958 Filed 11-9-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11452-11453]
[FR Doc No: 2017-03462]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0628; FRL-9957-44]

Pesticide Experimental Use Permit; Receipt of Application;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 279-EUP-
U from FMC Corporation requesting an experimental use permit (EUP) for
the use of malathion. The Agency has determined that the permit may be
of regional and national significance. Therefore, because of the
potential significance, EPA is seeking comments on this application.

DATES: Comments must be received on or before March 27, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2016-0628, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on

any groups or segments of the population who, as a result of their
location, cultural practices, or other factors, may have atypical or
disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticide discussed in this
document, compared to the general population.

II. What action is the Agency taking?

    Under section 5 of the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to
field test pesticides under development. Manufacturers are required to
obtain an EUP before testing new pesticides or new uses of pesticides
if they conduct experimental field tests on 10 acres or more of land or
one acre or more of water.
    Pursuant to 40 CFR 172.11(a), the Agency has determined that the
following EUP application may be of regional and national significance,
and therefore is seeking public comment on the EUP application:
    Experimental Use Permit Number: 279-EUP-U.
    Docket ID Number: EPA-HQ-OPP-2016-0628.
    Submitter: FMC Corporation, 2929 Walnut Street, Philadelphia, PA
19104.
    Pesticide Chemical: Malathion.
    Summary of Request: For use in generating mosquito data for two
malathion formulations.
    Contact: RD.
    Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 29, 2016,
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-03462 Filed 2-22-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10203-10204]
[DOCID:fr07mr07-90]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 1, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-40-000.
    Applicants: T. Rowe Price Group, Inc. et al.
    Description: T. Rowe Price Group, Inc., amends and restates the
first condition and limitation listed on page

3 of their 12/20/06 application for blanket authorizations to acquire
and dispose of securities under Section 203 of the FPA.
    Filed Date: 02/26/2007.
    Accession Number: 20070228-0115.
    Comment Date: 5 p.m. Eastern Time on Monday, March 12, 2007.

    Docket Numbers: EC07-62-000.
    Applicants: AEP Texas Central Company.
    Description: American Electric Power Service Corp submits a request
for disclaimer of jurisdiction or, in the alternative, application of
approvals under section 203 of the FPA.
    Filed Date: 02/15/2007.
    Accession Number: 20070223-0174.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 8, 2007.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER07-551-000; ER07-551-001.
    Applicants: Idaho Power Company.
    Description: Idaho Power Co submits a Restated and Amended
Transmission Facilities Agreement with PacifiCorp and submits a
correction on 2/22/07.
    Filed Date: 02/16/2007; 02/22/2007.
    Accession Number: 20070221-0040; 20070223-0306.
    Comment Date: 5 p.m. Eastern Time on Friday, March 15, 2007.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG07-39-000.
    Applicants: Bullard Energy Center, LLC.
    Description: Bullard Energy Center, LLC submits an EWG Self-
Certification.
    Filed Date: 02/27/2007.
    Accession Number: 20070227-5037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 20, 2007.

    Docket Numbers: EG07-40-000.
    Applicants: Panoche Energy Center, LLC.
    Description: Panoche Energy Center, LLC submits an EWG Self-
Certification.
    Filed Date: 02/27/2007.
    Accession Number: 20070227-5038.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 20, 2007.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC07-10-000.
    Applicants: Airtricity Holdings Ltd.
    Description: Airtricity Holdings Ltd submits a notice of Self-
Certification of Foreign Utility Company Status.
    Filed Date: 02/27/2007.
    Accession Number: 20070227-5024.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 20, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3988 Filed 3-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63469]
[DOCID:fr24oc08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12946-002]

Goodwin Hydro, LLC; Notice of Surrender of Preliminary Permit

October 17, 2008.
    Take notice that Goodwin Hydro, LLC, permittee for the proposed
Goodwin Dam Hydroelectric Project, has requested that its preliminary
permit be terminated. The permit was issued on April 16, 2008, and
would have expired on March 31, 2011.\1\ The project would have been
located on the Stanislaus River in Tuolumne and Calaveras Counties,
California.
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    \1\ 123 FERC ] 62,055.
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    The permittee filed the request on October 15, 2008, and the
preliminary permit for Project No. 12946 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR Part 4, may be filed on the next business day.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-25342 Filed 10-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20823-20825]
[FR Doc No: 2019-09689]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0204; Product Identifier 2018-CE-042-AD]
RIN 2120-AA64

Airworthiness Directives; Learjet Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Learjet Inc. Model 60 airplanes. This proposed AD was prompted
by a report of a reverse thrust command accelerating the airplane
instead of decelerating the airplane. The acceleration with reverse
thrust commanded occurred when the thrust reverser doors were in the
stowed position instead of the deployed position. This proposed AD
would require installing a Thrust Reverser (T/R) Voice Command Warning
System (VCWS) to alert the crew of a T/R malfunction. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 27, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Learjet
Inc., MS 53, P.O. Box 7707, Wichita, Kansas 67277-7707; telephone:
(toll free) 1-866-538-1247;<PHONE_NUMBER>; internet: https://my.businessaircraft.bombardier.com. You may view this service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0204; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: James Galstad, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>or eabd838982839e8bc7a9a5b9aa8c8b8bc48d859c.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0204;
Product Identifier 2018-CE-042-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We received a report of a high-speed rejected takeoff involving a
Learjet Model 60 airplane that occurred when all four main landing gear
(MLG) tires blew out during the takeoff roll. The tires blew out due to
internal heat damage consistent with under-inflation, overloading, or a
combination of both. Subsequently, damage from tires caused damage to
various components,

including the MLG squat switches, brake hydraulic tubes, wheel speed
sensor wiring, and anti-skid components. In the event of squat switch
wiring failures, thrust reverser operation can be adversely affected.
During the subject accident, forward thrust occurred when the thrust
reverser doors stowed due to the failure, and at the same time the crew
was still commanding reverse thrust. Squat switch wiring can also be
damaged by other external factors, such as bird strikes or deer
strikes.
    We consider this NPRM to be the third of three ADs that are related
to each other, and collectively address unsafe conditions that might
result from damage to critical components on the landing gear or in the
wheel well that affect the braking, spoiler, and thrust reverser
systems. AD 2010-11-11, Amendment 39-16316 (75 FR 32255, June 8, 2010),
was issued to prevent tire failure, and AD 2013-13-09, Amendment 39-
17497 (78 FR 39574, July 2, 2013), was issued to prevent failure of the
braking system or adverse operation of the spoiler and reverse thruster
system due to external damage, particularly from tire failure, which
could result in loss of control of the airplane. This proposed AD would
require installing a T/R VCWS to alert the crew of a T/R malfunction.
We are proposing this AD to mitigate failure of the engine thrust
reverser system.
    This condition, if not addressed, could result in the airplane
overrunning the runway or a runway excursion.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Learjet 60 Service Bulletin SB 60-78-9,
dated June 25, 2018. The service bulletin contains procedures for
installing a T/R VCWS to alert the pilot of a T/R malfunction. 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 the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require installing the T/R VCWS.

Costs of Compliance

    We estimate that this proposed AD affects 289 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install a T/R VCWS....................  20 work-hours x $85 per          $28,274         $29,974      $8,662,486
                                         hour = $1,700.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 (AD):

Learjet Inc.: Docket No. FAA-2019-0204; Product Identifier 2018-CE-
042-AD.

(a) Comments Due Date

    We must receive comments by June 27, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Learjet Inc. Model 60 airplanes, serial
numbers 60-001 through 60-430, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 78, Engine Exhaust.

(e) Unsafe Condition

    This AD was prompted by a report of a reverse thrust command
accelerating the airplane instead of decelerating the airplane
because the engine thrust reverser doors were stowed instead of
deployed. We are issuing this AD to mitigate failure of the engine
thrust reverser system. The unsafe condition, if not addressed,
could result in the airplane overrunning the runway or a runway
excursion.

(f) Compliance

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

(g) Install a Thrust Reverser Voice Command Warning System

    Within the next 1,200 hours time-in-service or within the next
48 months after the effective date of this AD, whichever occurs
first, install a Thrust Reverser Voice Command Warning System and
perform a functional test in accordance with sections 3.A. through
3.C. of the Accomplishment Instructions in Bombardier Learjet 60
Service Bulletin SB 60-78-9, dated June 25, 2018.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, 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) of this AD.
    (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 James Galstad,
Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316) 946-
4107; email<EMAIL_ADDRESS>or 7d2a141e1514091c503e322e3d1b1c1c531a120b.
    (2) For service information identified in this AD, contact
Learjet Inc., MS 53, P.O. Box 7707, Wichita, Kansas 67277-7707;
telephone: (toll free) 1-866-538-1247;<PHONE_NUMBER>; internet:
https://my.businessaircraft.bombardier.com. You may view this
service information at the FAA, Policy and Innovation Division, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on May 3, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2019-09689 Filed 5-10-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Page 929]
[FR Doc No: 2013-00014]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 485-065]

Georgia Power Company; Notice of Application Tendered for Filing
With the Commission and Establishing Procedural Schedule for Licensing
and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 485-065.
    c. Date Filed: December 14, 2012.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Bartletts Ferry Hydroelectric Project.
    f. Location: The existing project is located on the Chattahoochee
River, along the Georgia-Alabama border, in Harris County, Georgia, and
Lee and Chambers counties, Alabama. The project does not affect federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: George A. Martin, Hydro Relicensing Project
Manager, Georgia Power Company, 241 Ralph McGill Blvd., NE., BIN 10221,
Atlanta, GA 30308; Telephone--(404) 506-1357; Email_
<EMAIL_ADDRESS>    i. FERC Contact: Allan Creamer,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description: The project consists of a 2,052-foot-
long dam, two powerhouses, and a 5,850-acre reservoir (Bartletts Ferry
Reservoir or Lake Harding) at a normal water surface elevation of
520.16 feet mean sea level (msl; or 521.0 Plant Datum).
    The west side of the project, from west to east, consists of: (1) A
1,230-foot-long, 11.25-foot-high, 22-bay auxiliary labyrinth spillway;
(2) a 286-foot-long, 35-foot-high, earth-fill embankment dam; (3) a 92-
foot-long by 94-foot-high concrete gravity intake structure, equipped
with four vertical lift steel intake gates, connected to the west
powerhouse by four 15-foot diameter penstocks; (4) a powerhouse
containing three vertical Francis turbines rated at 15 megawatts (MW)
each and a fourth vertical Francis turbine rated at 20 MW, with a total
installed capacity of 65 MW; and (5) a 634-foot-long concrete gravity
spillway with nineteen 21-foot-high by 25-foot-wide radial gates, two
9-foot-high by 11-foot-wide vertical lift trash gates, and four
abandoned siphons in two spillway bays.
    The east side of the project, from west to east, consists of: (1) A
915-foot-long, 125-foot-high, earth-fill embankment dam; (2) a 650-
foot-long intake canal leading to a 177-foot-long concrete gravity
intake structure; (3) two penstocks; and (4) a powerhouse with two
vertical Francis turbines rated at 54 MW each, with a total installed
capacity of 108 MW.
    The project is operated in a peaking mode, and is coordinated with
the peaking operations at the U.S. Army Corps of Engineers' upstream
West Point Dam. The project is normally operated between elevations
518.16 and 520.16 feet msl (or 519.0 and 521.0 PD), with normal daily
average fluctuations of about \3/4\ foot. The project has an average
annual generation of approximately 395,577 megawatt-hours.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>
or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready     April 2013.
 for Environmental Analysis.
Filing of recommendations, preliminary   June 2013.
 terms and conditions, and fishway
 prescriptions.
Commission issues Draft EA or EIS......  December 2013.
Comments on Draft EA or EIS............  January 2014.
Modified Terms and Conditions..........  March 2014.
Commission Issues Final EA or EIS......  May 2014.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: December 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-00014 Filed 1-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14406-14409]
[FR Doc No: 2013-05087]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0013]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 25 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 April 4, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0013 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 self-
addressed, 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 Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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.,
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 period. The 25 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

Christopher R. Anderson

    Mr. Anderson, 49, has had ITDM since 1995. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Anderson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Anderson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class D operator's
license from Minnesota.

Brent T. Applebury

    Mr. Applebury, 25, has had ITDM since 2006. His endocrinologist
examined him in 2012 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. His endocrinologist certifies that Mr. Applebury
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Applebury meets the vision requirements of 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class E operator's license from
Missouri.

Joseph A. Auchterlonie

    Mr. Auchterlonie, 57, has had ITDM since 2010. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Auchterlonie understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Auchterlonie
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class B Commercial Driver's
License (CDL) from New Hampshire.

Brett D. Bertagnolli

    Mr. Bertagnolli, 23, has had ITDM since 2006. His endocrinologist
examined him in 2013 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.
His endocrinologist certifies that Mr. Bertagnolli understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bertagnoli meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A Chauffeur License from Indiana.

Brian T. Bofenkamp

    Mr. Bofenkamp, 54, has had ITDM since 1984. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Bofenkamp understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bofenkamp meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a CDL from Washington.

Scott A. Carlson

    Mr. Carlson, 46, has had ITDM since 2012. His endocrinologist
examined him in 2013 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.
His endocrinologist certifies that Mr. Carlson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carlson meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Pennsylvania.

Craig L. Falck

    Mr. Falck, 50, has had ITDM since 2006. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Falck understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Falck meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class D operator's license from Wisconsin.

John Fityere

    Mr. Fityere, 57, has had ITDM since 2007. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Fityere understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fityere meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from New Jersey.

Dana R. Griswold

    Mr. Griswold, 52, has had ITDM since 1986. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Griswold understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Griswold meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Vermont.

Ronald A. Heaps

    Mr. Heaps, 45, has had ITDM since 2007. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Heaps understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Heaps meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Ohio.

Martin A. Houts

    Mr. Houts, 35, has had ITDM since 2004. His endocrinologist
examined him in 2012 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. His endocrinologist certifies that Mr.
Houts understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Houts meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2012 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL from
Iowa.

Michael T. Kraft

    Mr. Kraft, 55, has had ITDM since 2012. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Kraft understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kraft meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Kris W. Lindsay

    Mr. Lindsay, 40, has had ITDM since 2012. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Lindsay understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lindsay meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kansas.

Edward M. Luczynski

    Mr. Lucynski, 23, has had ITDM since 1996. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Lucynski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lucynski meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from New Jersey.

Wendell J. Matthews

    Mr. Matthews, 51, has had ITDM since 2010. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Matthews understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Matthews meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class E operator's
license from Missouri.

Patric L. Patten

    Mr. Patten, 37, has had ITDM since 2012. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Patten understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Patten meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New Hampshire.

Darryl G. Rockwell

    Mr. Rockwell, 48, has had ITDM since 2008. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Rockwell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rockwell meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Texas.

John E. Ruth

    Mr. Ruth, 56, has had ITDM since 2007. His endocrinologist examined
him in 2012 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. His
endocrinologist certifies that Mr. Ruth understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ruth meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Illinois.

Greggory A. Smith

    Mr. Smith, 51, has had ITDM since 2012. His endocrinologist
examined him in 2013 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.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Dwight E. Sory

    Mr. Sory, 58, has had ITDM since 2007. His endocrinologist examined
him in 2012 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. His endocrinologist
certifies that Mr. Sory understands diabetes management and monitoring,
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Sory meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Colorado.

James M. Torkildson

    Mr. Torkildson, 60, has had ITDM since 2012. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Torkildson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Torkildson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Terry R. Washa

    Mr. Washa, 52, has had ITDM since 2007. His endocrinologist
examined him in 2013 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.
His endocrinologist certifies that Mr. Washa understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Washa meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Nebraska.

Alfred J. Williams

    Mr. Williams, 55, has had ITDM since 2012. His endocrinologist
examined him in 2012 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.
His endocrinologist certifies that Mr. Williams understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Williams meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Virginia.

Scott B. Wood

    Mr. Wood, 50, has had ITDM since 2012. His endocrinologist examined
him in 2013 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. His
endocrinologist certifies that Mr. Wood understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Wood meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from North Dakota.

James L. Zore

    Mr. Zore, 75, has had ITDM since 2003. His endocrinologist examined
him in 2012 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. His
endocrinologist certifies that Mr. Zore understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Zore meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Indiana.

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).
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    \1\ Section 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.
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    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: February 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-05087 Filed 3-4-13; 8:45 am]
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