[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65836-65842]
[DOCID:fr11de09-110]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0290]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions from the diabetes
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 46 individuals
for exemptions 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 commercial motor vehicles in
interstate commerce.

DATES: Comments must be received on or before January 11, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0290 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.
    Each submission must include the Agency name and the docket ID 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 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 the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<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
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 46
individuals listed in this notice have recently requested an exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
CMV drivers 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

Bob A. Bauer

    Mr. Bauer, age 52, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bauer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Wisconsin.

Michael P. Berger

    Mr. Berger, 35, has had ITDM since 1976. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Berger meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Montana.

William D. Blosch

    Mr. Blosch, 50, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blosch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Georgia.

Michael Bohlen

    Mr. Bohlen, 58, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bohlen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Bradley N. Brown

    Mr. Brown, 45, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brown meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Victor M. Brunner

    Mr. Brunner, 48, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brunner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Tom L. Cooley

    Mr. Cooley, 56, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cooley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.

Wallace E. Crouse, Jr.

    Mr. Crouse, 55, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Crouse meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Massachusetts.

Jesse A. DeCoux

    Mr. DeCoux, 39, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has

stable control of his diabetes using insulin, and is able to drive a
CMV safely. Mr. DeCoux meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2009 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from Minnesota.

Robert G. Dohman, Jr.

    Mr. Dohman, 54, has had ITDM since 2004. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dohman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from North Dakota.

Andrew J. Dreyer

    Mr. Dreyer, 23, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dreyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C CDL from Pennsylvania.

Danny E. Edmondson

    Mr. Edmondson, 49, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Edmondson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Georgia.

Steven W. Edwards

    Mr. Edwards, 48, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Edwards meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Mark W. Espeaignette

    Mr. Espeaignette, 36, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Espeaignette meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Maine.

Andrew C. Everett

    Mr. Everett, 21, has had ITDM since 1999. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Everett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Arizona.

Paul J. Failla

    Mr. Failla, 54, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Failla meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Wendell G. Fordham

    Mr. Fordham, 64, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fordham meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Georgia.

Eugene G. Friedman

    Mr. Friedman, 51, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Friedman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
New Jersey.

Edward L. Gilbert

    Mr. Gilbert, 48, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using

insulin, and is able to drive a CMV safely. Mr. Gilbert meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.

Donald W. Hansen

    Mr. Hansen, 53, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hansen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Joseph S. Hernandez

    Mr. Hernandez, 23, has had ITDM since 1993. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hernandez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from New
Mexico.

Corrine J. Hoffman

    Ms. Hoffman, 53, has had ITDM since 2008. Her endocrinologist
examined her in 2009 and certified that she has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Hoffman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2009 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Wisconsin.

Robert E. Holden

    Mr. Holden, 40, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holden meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.

Shondell S. Ivy

    Mr. Ivy, 38, has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Ivy meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Mississippi.

Kevin Joaquin

    Mr. Joaquin, 28, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Joaquin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Jordan T. Johnston

    Mr. Johnston, 24, has had ITDM since 2005. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnston meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Jere W. Kirkpatrick

    Mr. Kirkpatrick, 57, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kirkpatrick meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Joshua J. Kramer

    Mr. Kramer, 32, has had ITDM since 1988. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kramer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Wisconsin.

Kyle A. Leach

    Mr. Leach, 32, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using

insulin, and is able to drive a CMV safely. Mr. Leach meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class O operator's license from
Nebraska, which allows him to drive any non-commercial vehicle except
motorcycles.

Robert J. Lewis, Jr.

    Mr. Lewis, 36, has had ITDM since 1987. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lewis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Vermont.

Mitchell D. Luft

    Mr. Luft, 28, has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Luft meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Ohio.

Martin E. Marandola

    Mr. Marandola, 21, has had ITDM since 1998. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wheeler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
California.

Richard W. McNeil

    Mr. McNeil, 46, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McNeil meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Mexico.

Stacy R. Oberholzer

    Mr. Oberholzer, 23, has had ITDM since 2005. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Oberholzer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.

Michael S. Ogle

    Mr. Ogle, 50, has had ITDM since 2004. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Ogle meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Georgia.

Walter L. Patrick

    Mr. Patrick, 54, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Patrick meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Tennessee.

Clifford A. Peters

    Mr. Peters, 63, has had ITDM since 2002. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Peters meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Illinois.

Richard L. Piercefield

    Mr. Piercefield, 52, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Piercefield meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Michigan.

Steven F. Riley

    Mr. Riley, 45, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands
diabetes management and monitoring; and has stable control of his
diabetes using insulin, and is able to drive a CMV safely. Mr. Riley
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Connecticut.

Kevin A. Roginski

    Mr. Roginski, 38, has had ITDM since 2005. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Roginski meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.

Herman Smalls, Jr.

    Mr. Smalls, 50, has had ITDM since 2002. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smalls meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Georgia.

Bruce M. Stockton

    Mr. Stockton, 47, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stockton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Rick M. Tiu

    Mr. Tiu, 53, has had ITDM since 2008. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Tiu meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Hawaii.

Todd R. Vickers

    Mr. Vickers, 41, has had ITDM since 1981. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vickers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Maryland.

Shaun M. Wheeler

    Mr. Wheeler, 38, has had ITDM since 1999. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wheeler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Connecticut.

Charles A. Witt

    Mr. Witt, 44, has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Witt meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Minnesota.

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 (SAFETEA-
LU) 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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the 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. 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: December 2, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-29490 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33220-33221]
[FR Doc No: 2018-15205]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-10--Region 6]

Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permit for Motiva Enterprises LLC, Port Arthur
Refinery, Jefferson County, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air
Act title V operating permit.

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

SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated May 31, 2018, granting in part and denying in part a
Petition dated November 8, 2016 from the Environmental Integrity
Project, Sierra Club, and Air Alliance Houston. The Petition requested
that the EPA object to a Clean Air Act (CAA) title V operating permit
issued by the Texas Commission on Environmental Quality (TCEQ) to
Motiva Enterprises LLC (Motiva) for its Port Arthur Refinery located in
Jefferson County, Texas.

ADDRESSES: The EPA requests that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view copies of the final
Order, the Petition, and other supporting information. You may review
copies of the final Order, the Petition, and other supporting
information at the EPA Region 6 Office, 1445 Ross Avenue, Dallas, Texas
75202-2733. You may view the hard copies Monday through Friday, from 9
a.m. to 3 p.m., excluding

federal holidays. If you wish to examine these documents, you should
make an appointment at least 24 hours before the visiting day.
Additionally, the final Order and Petition are available electronically
at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Kyndall Cox, EPA Region 6, (214) 665-
8567, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes any person to petition the EPA
Administrator to object to a title V operating permit within 60 days
after the expiration of the EPA's 45-day review period if the EPA has
not objected on its own initiative. Petitions must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or unless the grounds for the issue arose
after this period.
    The EPA received the Petition from the Environmental Integrity
Project, Sierra Club, and Air Alliance Houston dated November 8, 2016,
requesting that the EPA object to the issuance of operating permit no.
O1386, issued by TCEQ to Motiva's Port Arthur Refinery in Jefferson
County, Texas. The Petition has six claims (1-6) that the proposed
permit fails to require monitoring, recordkeeping and reporting
sufficient to assure compliance with various emission limits and
operational requirements for units authorized by New Source Review
(NSR) permits and permits by rule (PBRs); one claim (7) that the
proposed permit's incorporation by reference of permit by rule
requirements fails to assure compliance with applicable requirements;
and one claim (8) that the proposed permit fails to identify
monitoring, recordkeeping and reporting for emission units subject to
NSPS and NESHAP federal rules.
    On May 31, 2018, the EPA Administrator issued an Order granting in
part and denying in part the Petition. The Order explains the basis for
EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review shall be filed in the
United States Court of Appeals for the appropriate circuit no later
than September 17, 2018.

    Dated: July 3, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-15205 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41895-41897]
[FR Doc No: 2012-16933]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0147; Directorate Identifier 2011-NM-067-AD;
Amendment 39-17116; AD 2012-14-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 767-200 and -300 series airplanes.
That AD currently requires replacement of the existing deactivation
pin, aft cascade pin bushing, and pin insert on each thrust reverser
half with new, improved components. This new AD requires a dye
penetrant inspection for cracking of the rivet holes of the bushing
plate and repair or replacement, if necessary; and for certain
airplanes, replacing the existing bushing with a new bushing and
deactivation pin, and installing a new or serviceable stowage bracket
for the deactivation pins on all airplanes powered by Pratt & Whitney
JT9D series engines. This AD was prompted by reports that certain
airplanes require installation of a new bushing and deactivation pin
with increased load carrying capability and all airplanes powered by
Pratt & Whitney JT9D series engines require installation of a new
bracket for stowing the deactivation pin. We are issuing this AD to
prevent failure of the thrust reverser deactivation pins, which could
fail to prevent a deployment of a deactivated thrust reverser in flight
and consequent reduced controllability of the airplane.

DATES: This AD is effective August 21, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 21,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 5, 2002 (67 FR 61478, October 1, 2002).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
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: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a Notice of Proposed Rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2002-19-11, Amendment 39-12891 (67 FR 61478,
October 1, 2002). That AD applies to the specified products. The NPRM
published in the Federal Register on February 22, 2012 (77 FR 10406).
That NPRM proposed to continue to require replacement of the existing
deactivation pin, aft cascade pin bushing, and pin insert on each
thrust reverser half with new, improved components. That NPRM also
proposed to require a dye penetrant inspection for cracking of the
rivet holes of the bushing plate and repair or replacement, if
necessary; and for certain airplanes, replacing the existing bushing
with a new bushing and deactivation pin, and installing a new or
serviceable stowage bracket for the deactivation pins on all airplanes
powered by Pratt & Whitney JT9D series engines.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 10406, February 22, 2012) and the FAA's response to each
comment.

Support for Proposed Rule (77 FR 10406, February 22, 2012)

    Boeing concurs with the content of the proposed rule (77 FR 10406,
February 22, 2012).

Request To Provide Credit for Previous Actions

    Atlas Air requested that we revise the NPRM (77 FR 10406, February
22, 2012) to provide credit for actions required by paragraph (h)(2) of
the NPRM, if those actions were accomplished before the effective date
of the AD using Boeing Service Bulletin 767-78A0089, Revision 3, dated
December 18, 2003.
    We agree. Paragraph (i) of the NPRM (77 FR 10406, February 22,
2012) provided credit for actions required by paragraph (g) of the NPRM
if those actions were performed before the effective date of the NPRM
using Boeing Service Bulletin 767-78A0089, Revision 2, dated March 13,
2003; Boeing Service Bulletin 767-78A0089, Revision 3, dated December
18, 2003; or Boeing Service Bulletin 767-78A0089, Revision 4, dated
March 6, 2008. We have revised paragraph (i) of this final rule to also
provide credit for actions required by paragraph (h)(2) of this AD, if
those actions were performed before the effective date of this AD.

Explanation of Changes Made to This AD

    We have revised certain headings throughout this AD and revised
Note 1 of the NPRM (77 FR 10406, February 22, 2012) to paragraph (g)(2)
of this AD. We have also revised paragraph (i) of this AD. These
changes have not affected the intent of those paragraphs.

Explanation of Updated Credit Language

    We have revised the heading and wording for paragraph (i) of this
AD to provide appropriate credit for previous accomplishment of certain
actions. This change does not affect the intent of that paragraph.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD

with the change described previously. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 10406, February 22, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 10406, February 22, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 23 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                     Cost per          U.S.        Cost on U.S.
            Action                 Labor cost       Parts cost        product       registered       operators
                                                                                airplanes
----------------------------------------------------------------------------------------------------------------
Replace deactivation pin, pin   12 work-hours x          $12,108         $13,128              23        $301,944
 bushing, and pin insert         $85 per hour =
 (retained actions from          $1,020 per
 existing AD 2002-19-11,         inspection
 Amendment 39-12891 (67 FR       cycle.
 61478, October 1, 2002).
Group 1: Install stowage        17 work-hours x           14,644          16,089              16         257,424
 bracket for deactivation pin    $85 per hour =
 (new action).                   $1,445.
Group 2: Replace bushing and    17 work-hours x           19,972          21,417               7         149,919
 deactivation pin and install    $85 per hour =
 stowage bracket for thrust      $1,445.
 reverser deactivation pin
 (new action).
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions (repair or replacement of
bushing plate) specified in this AD.

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

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 removing airworthiness directive (AD)
2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002), and
adding the following new AD:

2012-14-02 The Boeing Company: Amendment 39-17116; Docket No. FAA-
2012-0147; Directorate Identifier 2011-NM-067-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 21, 2012.

(b) Affected ADs

    This AD supersedes AD 2002-19-11, Amendment 39-12891 (67 FR
61478, October 1, 2002).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 7830, Thrust Reverser.

(e) Unsafe Condition

    This AD was prompted by reports that certain airplanes require
installation of a new bushing and deactivation pin with increased
load carrying capability and all airplanes powered by Pratt &
Whitney JT9D series engines require installation of a new bracket
for stowing the deactivation pin. We are issuing this AD to prevent
failure of the thrust reverser deactivation pins, which could fail
to prevent a deployment of a deactivated thrust reverser in flight
and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Replacement of Deactivation Pin, Pin Bushing, and Pin
Insert

    (1) This paragraph restates the requirements of paragraph (a) of
AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002),
with revised service

information. Within 24 months after November 5, 2002 (the effective
date of AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1,
2002)), replace the existing deactivation pin, pin bushing in the
aft cascade mounting ring, and pin insert on each thrust reverser
half, with new, improved components, in accordance with Boeing Alert
Service Bulletin 767-78A0089, Revision 1, dated May 30, 2002; or
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009. After the effective date of this AD, only Boeing Alert Service
Bulletin 767-78A0089, Revision 5, dated June 9, 2009, may be used.
    (2) The new, improved insert flange and pin bushing does not
physically preclude use of a deactivation pin having P/N 315T1604-2
or -5. However, use of deactivation pins having P/N 315T1604-2 or -5
may not prevent the thrust reversers from deploying in the event of
a full powered deployment. Therefore, thrust reversers modified per
AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002),
are required to be installed with the new, longer deactivation pins
having P/N 315T1604-6, as specified in Boeing Alert Service Bulletin
767-78A0089, Revision 1, dated May 30, 2002; or Boeing Alert Service
Bulletin 767-78A0089, Revision 5, dated June 9, 2009. After the
effective date of this AD, only Boeing Alert Service Bulletin 767-
78A0089, Revision 5, dated June 9, 2009, may be used to install the
new, longer deactivation pins.

(h) New Inspection, Bushing and Pin Replacement, and Installation of
Stowage Bracket

    Within 24 months after the effective date of this AD, do the
applicable actions specified in paragraphs (h)(1) and (h)(2) of this
AD.
    (1) For Group 2 airplanes, as identified in Boeing Alert Service
Bulletin 767-78A0089, Revision 5, dated June 9, 2009, do a dye
penetrant inspection for cracking of the rivet holes and replace any
P/N 315T3222-3 or P/N 315T3222-10 bushing and deactivation pin with
a new or serviceable P/N 315T3221-1 bushing and new P/N 315T1604-6
deactivation pin, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June
9, 2009. If any crack is found in the rivet holes of the bushing
plate, before further flight, repair or replace the bushing plate
with a new or serviceable bushing plate, as applicable, using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
    (2) For both Group 1 and Group 2 airplanes, as identified in
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009, install a new or serviceable stowage bracket assembly (P/N
015T0196-4 for the right thrust reverser, P/N 015T0196-5 for the
left thrust reverser), in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-78A0089, Revision
5, dated June 9, 2009.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h)(2) of this AD, if those actions were
performed before the effective date of this AD using Boeing Service
Bulletin 767-78A0089, Revision 2, dated March 13, 2003; Boeing
Service Bulletin 767-78A0089, Revision 3, dated December 18, 2003;
or Boeing Service Bulletin 767-78A0089, Revision 4, dated March 6,
2008.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. Information may be emailed to<EMAIL_ADDRESS>    (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.
    (3) AMOCs approved previously in accordance with AD 2002-19-11,
Amendment 39-12891 (67 FR 61478, October 1, 2002), are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.

(k) Related Information

    For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated
June 9, 2009.
    (3) The following service information was approved for IBR on
November 5, 2002 (67 FR 61478, October 1, 2002).
    (i) Boeing Alert Service Bulletin 767-78A0089, Revision 1, dated
May 30, 2002.
    (4) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Renton, Washington, on June 29, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-16933 Filed 7-16-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24740-24741]
[DOCID:fr05my10-123]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1895-DR; Docket ID FEMA-2010-0002]

Massachusetts; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Massachusetts (FEMA-1895-DR), dated March 29,
2010, and related determinations.

DATES: Effective Date: April 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective April 26, 2010.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10544 Filed 5-4-10; 8:45 am]
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[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15741-15742]
[FR Doc No: 2014-06227]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9908-35-OAR]

Meeting of the Mobile Sources Technical Review Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Mobile Sources Technical Review
Subcommittee (MSTRS) will meet on May 7, 2014. The MSTRS is a
subcommittee under the Clean Air Act Advisory Committee. This is an
open meeting. The meeting will include discussion of current topics and
presentations about activities being conducted by EPA's Office of
Transportation and Air Quality. The preliminary agenda for the meeting
and any notices about change in venue will be posted on the
Subcommittee's Web site: http://www.epa.gov/air/caaac/mobile_sources.html. MSTRS listserver subscribers will receive notification
when the agenda is available on the Subcommittee Web site. To subscribe
to the MSTRS listserver, send an email to<EMAIL_ADDRESS>
DATES: Wednesday, May 7, 2014 from 9:00 a.m. to 4:30 p.m. Registration
begins at 8:30 a.m.

ADDRESSES: The meeting is currently scheduled to be held at the Ralph
Metcalfe Federal Building at 77 West Jackson Blvd., Chicago, IL 60604.
However, this date and location are subject to change and interested
parties should monitor the Subcommittee Web site (above) for the latest
logistical information. The meeting will be held in the Lake Michigan
Room on the 12th floor of the Ralph Metcalfe Federal Building. All
visitors to the building must have a photo ID and are required to be
screened through a metal detector. There are several parking garages
nearby and the nearest subway/elevated rail (El) stops are La Salle/Van
Buren (Pink, Orange, Brown, Purple lines), Jackson (Blue line) and
Jackson (Red line).

FOR FURTHER INFORMATION CONTACT: Elizabeth Etchells, Designated Federal
Officer, Transportation and Climate Division, Mailcode 6406J, U.S. EPA,
1200 Pennsylvania Ave. NW., Washington, DC 20460; Ph:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    Background on the work of the Subcommittee is available at: http://www.epa.gov/air/caaac/mobile_sources.html. Individuals or
organizations wishing to provide comments to the Subcommittee should
submit them to Ms. Etchells at the address above by April 23, 2014. The
Subcommittee expects that public statements presented at its meetings
will not be repetitive of previously submitted oral or written
statements.

SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may
also hear progress reports from some of its workgroups as well as
updates and announcements on activities of general interest to
attendees.
    For Individuals With Disabilities: For information on access or
services for individuals with disabilities, please contact Ms. Etchells
(see above). To request accommodation of a disability, please contact
Ms. Etchells, preferably at least 10 days prior to the meeting, to give
EPA as much time as possible to process your request.

    Dated: March 13, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2014-06227 Filed 3-20-14; 8:45 am]
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