[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74494-74496]
[FR Doc No: 2016-25859]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0033]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 18 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.

DATES: The exemptions were granted September 29, 2016. The exemptions
expire on September 29, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On August 29, 2016, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (81 FR 59266). That notice listed 18 applicants' case
histories. The 18 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
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.
Accordingly, FMCSA has evaluated the 18 applications on their merits
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing red, green,
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The 18
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, prosthetic eye, cataract, complete loss
of vision, congenital coloboma, macular scar, and retinal detachment.
In most cases, their eye conditions were not recently developed.
Fifteen of the applicants were either born with their vision
impairments or have had them since childhood.
    The 3 individuals that sustained their vision conditions as adults
have had them for a range of 9 to 27 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 18 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision in careers ranging for 3 to 40
years. In the past three years, 3 drivers were involved in crashes and
no drivers were

convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the August 29, 2016,
notice (81 FR 59266).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 18 applicants, 3 drivers were involved in crashes and no drivers
were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 18 applicants listed in the notice of August
29, 2016 (81 FR 59266.
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 18 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement 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 provide 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, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received 3 comments in this proceeding. Patrick Strupp
stated, ``Philip Clements is a safe driver with great vision and depth
perception.'' Tishara Price stated that she believes the general public
and the companies that employ drivers who hold vision exemptions are
put at risk due to drivers' visual limitations. FMCSA monitors the
driving records of all drivers who hold vision exemptions to ensure
they are meeting safety standards. For additional information

on the basis for exemption determination, please refer to section IV of
the August 29, 2016 notice (81 FR 59266). Deb Carlson stated that the
state of Minnesota has no concerns with issuing George R. Morehouse an
exemption. Additionally, Ms. Carlson noted that Curtis L. Shannon has
held a CDL since April 25, 2015. FMCSA does not require drivers to hold
a CDL and instead looks at each individual's experience driving CMVs,
as defined in part FR 390.5 in the Federal Motor Carrier Safety
Regulations, and any crashes and moving violations in their driving
history. For additional information on the basis for exemption
determination, please refer to section II, section III, and section IV
of the August 29, 2016, notice (81 FR 59266).

IV. Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA
exempts the following drivers from the vision requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 49 CFR
391.64(b):

Gregory M. Anderson (NY)
Richard D. Auger (CA)
Theodore N. Belcher (VA)
Darrin E. Bogert (NY)
Michael S. Buck (IN)
Jose D. Chavez (MD)
Philip J. Clements (WI)
Alfonso P. Echevarria (GA)
Samuel R. Graziano (PA)
Zagar E. Melvin (GA)
George R. Morehouse (MN)
Robert H. Nelson, III (VA)
Salvador Sanchez (CA)
Randal J. Shabloski (PA)
Curtis L. Shannon (MN)
Ricardo N. Vargas (CA)
Johnny Watson (GA)
Harold F. White, Jr. (SC)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: October 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25859 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Page 62123]
[FR Doc No: 2016-21666]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0056; FRL-9951-97-OW]

National Advisory Council for Environmental Policy and
Technology: Assumable Waters Subcommittee; Notice of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Federal advisory subcommittee meetings.

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SUMMARY: Consistent with the Federal Advisory Committee Act, Public Law
92463, EPA is giving notice of an upcoming public meeting of the
Assumable Waters Subcommittee convened under the National Advisory
Council for Environmental Policy and Technology (NACEPT). The Assumable
Waters Subcommittee will provide advice and recommendations as to how
the EPA can best clarify assumable waters for dredge and fill permit
programs pursuant to Clean Water Act section 404(g)(1). The EPA is
undertaking this effort to support states and tribes that wish to
assume the program. Similar to the parent NACEPT, the subcommittee
represents a diversity of interests from academia, industry, non-
governmental organizations, and local, State, and tribal governments.
    Meeting agendas and materials will be posted at www.epa.gov/cwa-404/assumable-waters-sub-committee.

DATES: The Assumable Waters Subcommittee will hold a two-day public
meeting on: September 28th and 29th, from 1 p.m. to 4 p.m. EDT, at this
Web site: https://cbuilding.zoom.us/j/5305689032.

ADDRESSES: This is virtual meeting which can be accessed at this Web
site: https://cbuilding.zoom.us/j/5305689032 and via phone: (408) 638-
0968 (US Toll) or<PHONE_NUMBER> (US Toll). The meeting ID is 530 568
9032

FOR FURTHER INFORMATION CONTACT: Jacob B. Strickler, Acting Designated
Federal Officer, via email at<EMAIL_ADDRESS>by phone: (202)
564-4692, or via postal service at: U.S. Environmental Protection
Agency (MC-2388A), 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide
written comments to the Assumable Waters Subcommittee should be sent to
Jacob B. Strickler via email at<EMAIL_ADDRESS>by September
20th, 2016. The meetings are open to the public, with limited phone
lines available on a first-come, first-served basis. Members of the
public wishing to attend should contact Jacob B. Strickler via email
at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER> by September
20th, 2016, so we can ensure adequate phone lines are available. On
September 28th, 2016, public comments will heard beginning at 3:00 p.m.
until 3:30 p.m. EDT or until all comments have been heard.
    Meeting Access:The agency will strive to reasonably accommodate
individuals with disabilities. Information regarding accessibility and/
or accommodations for individuals with disabilities should be directed
to Jacob B. Strickler at the email address or phone number listed
above. To ensure adequate time for processing, please make requests for
accommodations at least 8 days prior to the meeting.

    Dated: August 31, 2016.
David S. Evans,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2016-21666 Filed 9-7-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Rules and Regulations]
[Pages 4685-4686]
[FR Doc No: 2019-02626]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0647; Product Identifier 2017-SW-083-AD; Amendment
39-19557; AD 2019-03-05]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Bell
Helicopter Textron Canada Limited (Bell) Model 429 helicopters. This AD
revises the life limit for the nose landing gear (NLG) assembly. This
AD was prompted by revised airworthiness limitations determined by
Bell. The actions of this AD are intended to prevent an unsafe
condition on these products.

DATES: This AD is effective March 26, 2019.

ADDRESSES: For service information identified in this final rule,
contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

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-2018-
0647; 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 AD, the Transport Canada AD, the economic evaluation, any comments
received, and other information. The street address for Docket
Operations (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 19, 2018, at 83 FR 34074, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Bell Model 429
helicopters with a NLG assembly part number (P/N) 429-336-100-101
installed. The NPRM proposed to revise the life limit for the NLG
assembly. The proposed requirements were intended to prevent fatigue
failure of an NLG assembly, which could result in subsequent damage to
and loss of control of the helicopter.
    The NPRM was prompted by Canadian AD No. CF-2016-07, dated March 4,
2016, to correct an unsafe condition for Bell Model 429 helicopters
with wheeled landing gear. Transport Canada, which is the aviation
authority for Canada, issued its AD after Bell replaced the
airworthiness limitations for the NLG main fitting to bell crank bolt
P/N M084-20H125-101 and NLG main fitting P/N M084-20H011-107 with an
airworthiness limitation for the next higher assembly, NLG assembly P/N
429-336-100-101. According to Transport Canada, the NLG assembly's life
limit is reduced to 50,000 retirement index number (RIN) or 4,500 hours
time-in-service. Transport Canada advises that failure to replace
components prior to established airworthiness limitations could result
in an unsafe condition.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
the Transport Canada AD. We are issuing this AD because we evaluated
all information provided by Transport Canada and determined the unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs and that air safety and the public interest
require adopting the AD requirements as proposed.

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD applies to certain serial-numbered
helicopters, whereas this AD applies to all Bell Model 429 helicopters
with the affected NLG assembly installed.

Related Service Information

    We reviewed Bell Alert Service Bulletin No. 429-15-24, Revision A,
dated September 23, 2015, which specifies updating the Bell 429
maintenance manual with Revision 24 to incorporate the revised
airworthiness limitations for the NLG assembly, NLG main fitting to
bellcrank bolt, and the NLG main fitting.

Costs of Compliance

    We estimate that this AD affects less than 75 helicopters of U.S.
Registry (as this AD does not apply to Bell Model 429 helicopters with
skid landing gear). At an average labor rate of $85 per hour, replacing
a NLG assembly requires 10 work-hours, and required parts cost
$104,648, for a cost of $105,498 per helicopter and up to $7,912,350
for the U.S. fleet.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-03-05 Bell Helicopter Textron Canada Limited: Amendment 39-
19557; Docket No. FAA-2018-0647; Product Identifier 2017-SW-083-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model
429 helicopters with a nose landing gear (NLG) assembly part number
(P/N) 429-336-100-101 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as fatigue failure of an
NLG assembly, which could result in subsequent damage to and loss of
control of the helicopter.

(c) Effective Date

    This AD becomes effective March 26, 2019.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Before further flight, remove from service any NLG assembly P/N
429-336-100-101 that has reached or exceeded 4,500 hours time-in-
service (TIS) or 50,000 retirement index number (RIN). Thereafter,
remove from service each NLG assembly P/N 429-336-100-101 before
accumulating 4,500 hours TIS or 50,000 RIN, whichever occurs first.
For purposes of this AD, for every normal retraction or extension of
the wheeled landing gear system, add one RIN.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell Helicopter Alert Service Bulletin No. 429-15-24,
Revision A, dated September 23, 2015, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review a
copy of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2016-07, dated March 4, 2016. You may view the Transport
Canada AD on the internet at http://www.regulations.gov in Docket
No. FAA-2018-0647.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 3200, Landing Gear
System.

    Issued in Fort Worth, Texas, on February 8, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-02626 Filed 2-15-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5932-5933]
[FR Doc No: 2022-02017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0116]

Air Transportation of the COVID-19 Vaccines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about its intention to request the Office
of Management and Budget (OMB) grant emergency approval for a new
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments is waived, as this is an emergency
action in response to the COVID-19 public health emergency. This action
would enable the FAA to collect voluntary information from air carriers
authorized to conduct operations under the Code of Federal Regulations
that participate or have participated in transport of the COVID-19
vaccines to support continued operational safety and efficiency.

DATES: Written comments should be submitted by March 4, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ben Supko, Executive Director, FAA
Office of Hazardous Materials Safety (AXH-1), by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the FAA's performance; (b)
the accuracy of the estimated burden; (c) ways for the FAA to enhance
the quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: To be determined.
    Title: Air Transportation of the COVID-19 Vaccines.
    Form Numbers: N/A.
    Type of Review: Clearance of a new information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
is waived, as this is an emergency action regarding transport of the
COVID-19 vaccines. The FAA seeks this information collection in
connection with the FAA

COVID-19 Vaccine Air Transport Team's work with air carriers, and other
aviation stakeholders to aid in the safe, expeditious, and efficient
transport of the COVID-19 vaccines. This new collection would enable
the FAA to collect voluntary information from air carriers authorized
to operate under parts 121 and 135 of title 14, Code of Federal
Regulations (14 CFR) that participate or have participated in transport
of the COVID-19 vaccines.
    The continuing mission of the FAA is to provide the safest, most
efficient aerospace system in the world. The FAA's authority on
aviation safety is found in title 49, United States Code (U.S.C.). The
authority described in 49 U.S.C. 106(f) vests final authority in the
Administrator to carry out all functions, powers, and duties of the
Administration relating to the promulgation of regulations, rules,
orders, circulars, bulletins, and other official publications of the
Administration. Section 44701(a)(5) of title 49, U.S.C. also requires
the Administrator to promulgate regulations and minimum standards for
other practices, methods, and procedures the Administrator finds
necessary for safety in air commerce and national security. Pursuant to
49 U.S.C. 44701(b)(1), the Administrator may prescribe minimum safety
standards for an air carrier to whom an air carrier operating
certificate is issued under 49 U.S.C. 44705. When prescribing a
regulation or minimum standard under section 44701(a) or (b), the
Administrator must consider the duty of an air carrier to provide
service with the highest possible degree of safety in the public
interest, as prescribed by 49 U.S.C. 44701(d). Regulations and minimum
standards necessary for the safe and efficient air transport of the
COVID-19 vaccines are within the scope of these authorities and are in
the public interest. The safe and efficient distribution of COVID-19
vaccines helps save lives, reduce the severity of COVID-19 illnesses
and the associated strains on healthcare systems, and facilitate
economic recovery.
    The FAA has worked closely with air carriers, industry
associations, and other aviation stakeholders to address safety
matters, such as changed packaging configurations, data loggers, and
increased dry ice limits in the context of air carrier operations to
support transport of the COVID-19 vaccines. For example, on December
10, 2020, the FAA issued ``Safety Alert for Operators 20017,'' \1\
which identifies specific considerations related to the air transport
of dry ice.
---------------------------------------------------------------------------

    \1\ Available at: https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20017.pdf.
---------------------------------------------------------------------------

    Since December 4, 2020, the Department of Transportation and the
FAA have led a recurrent Vaccine Distribution Engagement Meeting (VDEM)
to bring together government and industry to share ideas, successes,
challenges, and ask questions related to transporting the COVID-19
vaccines. Aviation industry associations, air carriers, government
partners, and other stakeholders have engaged to provide information
and voice concerns--with no consensus recommendations sought for any
governmental action--related to the logistics of transport by air of
the COVID-19 vaccines. The entities represented at the recurrent VDEMs
have collaborated to successfully transport the COVID-19 vaccines,
while upholding the highest standards of aviation safety.
    During VDEMs, both FAA and industry stakeholders identified common
interest in querying participants to capture lessons learned.
Accordingly, the FAA seeks voluntary information from air carriers
authorized to operate under 14 CFR parts 121 and 135 that participate
or have participated in transport of the COVID-19 vaccines. Information
collected from these stakeholders may further enhance safety efforts
and facilitate development of pertinent regulations, minimum standards,
guidance, and other information.

Questions

    1. Did the volume of vaccines transported per pound of dry ice
increase over the duration of the COVID-19 pandemic? Please provide
data that captures the change.
    2. Were there observed lower sublimation rates due to improved
packaging technology or other factors, and to what factors do you
attribute these lower sublimation rates?
    3. What risk mitigations have you utilized to enable safe and
efficient air operations with larger than normal quantities of dry ice?
    4. Was there anything that limited your ability to transport COVID-
19 vaccines efficiently while maintaining aviation safety? If so,
please describe.
    5. What are key takeaways or accomplishments from the COVID-19
vaccine transportation effort over the past year that show the value of
working closely with shippers, airframe manufacturers, and the FAA for
data-driven safe and efficient operations?
    6. What additional regulations, minimum standards, guidance, or
other information would you like to see concerning the air transport of
dry ice?
    Respondents: The FAA estimates that a total of 39 entities will
voluntarily submit responses for this information collection request.
    Frequency: The FAA expects the submissions warrant a one-time
burden to take place over the next three to six months for entities
that choose to comply. The FAA may conduct this survey additional
times, depending upon the duration of the COVID-19 pandemic, any
significant developments in COVID-19 vaccine logistics and transport,
and interest from VDEM participants.
    Estimated Average Burden per Response: 5 hours reporting and 0
hours recordkeeping.
    Estimated Total Annual Burden: 195 hours reporting and 0 hours
recordkeeping.

    Issued in Washington, DC, on January 27, 2022.
Daniel Benjamin Supko,
Executive Director, FAA, Office of Hazardous Materials Safety.
[FR Doc. 2022-02017 Filed 2-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78315-78316]
[FR Doc No: 2020-26711]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-13-000]

Californians for Green Nuclear Power, Inc. v. North American
Electric Reliability Corporation, Western Electricity Coordinating
Council, California Independent System Operator Corporation, California
Public Utilities Commission California State Water Resources Control
Board, California State Lands Commission; Notice of Amended Complaint

    Take notice that on November 25, 2020, pursuant to the Federal
Power Act, the Natural Gas Act of 1938, the Federal Pipeline Safety
Regulations,\1\ and section 206 of the Rules of Practice and Procedure
of the Federal Energy Regulatory Commission,\2\ Californians for Green
Nuclear Power, Inc. (Complainant) filed an amended complaint, amending
its October 26, 2020 formal complaint against North American Electric
Reliability Corporation, Western Electricity Coordinating Council,
California Independent System Operator Corporation, California Public
Utilities Commission, California State Water Resources Control Board,
and California State Lands Commission, (Respondent) alleging that,
Respondents failed to properly analyze the bulk electric system and
bulk natural gas system consequences in light of certain California-
specific hazards in connection with the approval of the voluntary plan
to close Diablo Canyon Power Plant in 2025, all as more fully explained
in the complaint.
---------------------------------------------------------------------------

    \1\ The Federal Power Act, 16 U.S.C. 791 et seq., the Energy
Policy Act of 2005, 42 U.S.C. 13201 et seq. (2005), the Natural Gas
Act of 1938 15 U.S.C. 717(b) et seq., and Federal Pipeline Safety
Regulations, 49 CFR 192 (2020).
    \2\ 18 CFR 385.206 (2020).
---------------------------------------------------------------------------

    The Complainant certifies that copies of the complaint were served
on the contacts listed for Respondents in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For

assistance, contact the Federal Energy Regulatory Commission at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on December 15, 2020.

    Dated: November 30, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26711 Filed 12-3-20; 8:45 am]
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