[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Notices]
[Page 34494]
[DOCID:fr22jn07-91]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register Citation of Previous Announcement: [72 FR 33545, June
18, 2007].

Status: Open meeting.

Place: 100 F Street, NE., Auditorium, LL-002, Washington, DC.

Date and Time of Previously Announced Meeting: Wednesday, June 20,
2007.

Change in the Meeting: Additional Item.
    The following matter will also be considered during the 10 a.m.
Open Meeting scheduled for Wednesday, June 20, 2007:
    The Commission will consider whether to adopt amendments to Rule
105 of Regulation M that would further safeguard the integrity of the
capital raising process and protect issuers from manipulative activity
that can reduce issuers' offering proceeds and dilute security holder
value.
    Commissioner Atkins, as duty officer, determined that no earlier
notice thereof was possible.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 19, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. E7-12152 Filed 6-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74734-74736]
[FR Doc No: 2012-30292]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26066]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
27 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective January 9, 2013. Comments must be
received on or before January 16, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [FMCSA-2006-26066], using
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of

the West Building, 1200 New Jersey Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Federal Docket Management System (FDMS) is available 24 hours each day,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: 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 renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 27 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 27 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Dennis M. Boggs (OH)
David L. Cattoor (NV)
Cesar A. Cruz (IL)
Arthur Dolengewicz (NY)
Wayne A. Elkins, II (OH)
Barry J. Ferdinando (NH)
Guadalupe J. Hernandez (IN)
Richard G. Isenhart (WV)
Damir Kocijan (FL)
Robert T. Lantry (MA)
John W. Laskey (NH)
Kenneth Liuzza (LA)
Samson B. Margison (OH)
Michael W. McClain (CO)
Terrence L. McKinney (TX)
Ellis T. McKneely (LA)
Dennis N. McQuiston (WA)
Garth R. Mero (VT)
Ronald C. Morris (NV)
Kenneth E. Parrott (MO)
Steven M. Scholfield (KY)
Randal C. Schmude (WI)
Dennis J. Smith (CO)
David C. Stitt (KS)
Kevin L. Truxell (FL)
Bruce A. Walker (WI)
Lee A. Wiltjer (IL)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 27 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (71 FR 63379; 72 FR 1051; 73 FR 78423; 75 FR 79083). Each
of these 27 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 16, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 27 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent

with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to revoke the exemption of a driver.

    Issued on: November 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30292 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Proposed Rules]
[Pages 72250-72252]
[FR Doc No: 2012-29402]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1273; Directorate Identifier 2012-CE-045-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company 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 Cessna Aircraft Company Models 172R and 172S airplanes. This
proposed AD was prompted by reports of chafing of a new configuration
of the fuel return line assembly, which was caused by the fuel return
line assembly rubbing against the right steering tube assembly during
rudder pedal actuation. This proposed AD would require you to install
the forward and aft fuel return line support clamps and brackets;
inspect for a minimum clearance between the fuel return line assembly
and the steering tube assembly and clearance between the fuel return
line assembly and the airplane structure; and, if any damage is found,
replace the fuel return line assembly. We are proposing this AD to
correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 22,
2013.

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 proposed AD, contact
Cessna Aircraft Company, Customer service, P.O. Box 7706, Wichita, KS
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.cessnasupport.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, MO 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; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 S. Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
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-2012-1273;
Directorate Identifier 2012-CE-045-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    In January 2012, we issued AD 2012-02-02 (77 FR 6003, February 7,
2012), and in October 2012, we issued AD 2012-22-01 (77 FR 70114,
November 23, 2012) for certain Cessna Aircraft Company (Cessna) Models
172R and 172S airplanes. These ADs required inspection of the fuel
return line assembly for chafing; replacement of the fuel return line
assembly if chafing is found; inspection of the clearance between the
fuel return line assembly and both the right steering tube assembly and
the airplane structure; and adjustment as necessary. The ADs resulted
from reports of chafed fuel return line assemblies, which were caused
by the fuel return line assembly rubbing against the right steering
tube assembly during full rudder pedal actuation. We issued these ADs
to detect and correct chafing of the fuel return line assembly, which
could result in fuel leaking under the floor and fuel vapors entering
the cabin. This condition could lead to fire under the floor or in the
cabin area.
    We were recently notified that the unsafe condition also applies to
airplanes with different serial number effectivity.

Relevant Service Information

    We reviewed Cessna Aircraft Company Service Bulletin SEB-28-01,
dated September 21, 2012. The service information describes procedures
for fuel return line inspection and modification.

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 accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 80 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
----------------------------------------------------------------------------------------------------------------
Installation of brackets and clamps   2 work-hours x $85 per              $78             $248          $19,840
 and inspection of the fuel return     hour = $170.
 line assembly for chafing and
 clearance.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of the fuel return line assembly   2 work-hours x $85 per hour =               $53             $223
 and adjustment of the clearance between the    $170.
 fuel return line assembly and the steering
 tube assembly and the airplane structure.
----------------------------------------------------------------------------------------------------------------

    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.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

Cessna Aircraft Company: Docket No. FAA-2012-1273; Directorate
Identifier 2012-CE-045-AD.

(a) Comments Due Date

    We must receive comments by January 22, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Cessna Aircraft Company
(Cessna) airplanes, certificated in any category:
    (1) Model 172R, serial numbers (S/N) 17281573 through 17281616;
and
    (2) Model 172S, S/N 172S11074 through 172S11193.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2820, Aircraft Fuel Distribution System.

(e) Unsafe Condition

    This AD was prompted by reports of chafing of a new
configuration of the fuel return line assembly, which was caused by
the fuel return line assembly rubbing against the right steering
tube assembly during rudder pedal actuation. We are issuing this AD
to correct the unsafe condition on these products.

(f) Compliance

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

(g) Inspect the Fuel Return Line Assembly

    At whichever of the following compliance times that occurs
later, inspect the fuel return line assembly (Cessna part number (P/
N) 0516031-1) for damage following Cessna Aircraft Company Service
Bulletin SEB-28-01, dated September 21, 2012.
    (1) At the next annual inspection after the effective date of
this AD;
    (2) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD; or
    (3) Within the next 12 calendar months after the effective date
of this AD.

(h) Replace the Fuel Return Line Assembly

    If you find evidence of damage of the fuel return line assembly
(Cessna P/N 0516031-1) as a result of the inspection required by
paragraph (g) of this AD, before further flight, replace the fuel
return line assembly (Cessna P/N 0516031-1) following Cessna
Aircraft Company Service Bulletin SEB-28-01, dated September 21,
2012.

(i) Install the Fuel Return Line Assembly

    If you find no evidence of damage of the fuel return line
assembly (Cessna P/N 0516031-1) as a result of the inspection
required by paragraph (g) of this AD, before further flight,
reinstall the fuel return line assembly (Cessna P/N 0516031-1)
following Cessna Aircraft Company Service Bulletin SEB-28-01, dated
September 21, 2012.

(j) Install Forward and Aft Fuel Return Line Support Clamps and
Brackets

    After installing the fuel return line assembly as required by
replacement in paragraph (h) of this AD or installation in paragraph
(i) of this AD, before further flight, install the forward and aft
fuel return line support clamps and brackets following Cessna
Aircraft Company Service Bulletin SEB-28-01, dated September 21,
2012.

(k) Inspect for a Minimum Clearance Between Certain Parts

    After the installation required by paragraph (j) of this AD,
before further flight, inspect for a minimum clearance between the
following parts throughout the range of copilot pedal travel. The
requirements of this AD take precedence over the actions required in
Cessna Aircraft Company Service Bulletin SEB-28-01, dated September
21, 2012:
    (1) A minimum clearance of 0.5 inch between the fuel return line
assembly (Cessna P/N 0516031-1) and the steering tube assembly
(Cessna P/N MC0543022-2C); and
    (2) Visible positive clearance between the fuel return line
assembly (Cessna P/N 0516031-1) and the airplane structure.

(l) Adjust Clearance for Fuel Return Line Assembly

    If you find any clearance less than the minimum clearance
required by paragraph (k) of this AD, adjust to the minimum
clearance required by paragraph (k) of this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) 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. 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 ACO, send it to the
attention of the person identified in the Related Information
section 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.

(n) Related Information

    (1) For more information about this AD, contact Jeff Janusz,
Aerospace Engineer, Wichita ACO, FAA, 1801 S. Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax: (316) 946-
4107; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Cessna Aircraft Company, Customer service, P.O. Box 7706, Wichita,
KS 67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
<EMAIL_ADDRESS>Internet: http://www.cessnasupport.com. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on November 29, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-29402 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-13-P