[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53288-53291]
[FR Doc No: 2014-21027]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0326; Directorate Identifier 2013-CE-051-AD;
Amendment 39-17965; AD 2014-18-01]
RIN 2120-AA64

Airworthiness Directives; Rockwell Collins, Inc. Transponders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rockwell Collins TDR-94 and TDR-94D Mode select (S) transponders that
are installed on airplanes. This AD was prompted by instances where the
TDR-94 and TDR-94D Mode S transponders did not properly respond to Mode
S Only All-Call interrogations when the airplane transitioned from a
ground to airborne state. This AD requires inspecting the setting of
the airplane type code category strapping and requires either modifying
the airplane type code category setting or installing the software
upgrade to convert the affected transponders to the new part number. We
are issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective October 14, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 14,
2014.

ADDRESSES: For service information identified in this AD, contact
Rockwell Collins, Inc., Collins Aviation Services, 350 Collins Road
NE., M/S 153-250, Cedar Rapids, IA 52498-0001; telephone:<PHONE_NUMBER>
(U.S.) or<PHONE_NUMBER>; fax:<PHONE_NUMBER> (outside U.S.); email:
<EMAIL_ADDRESS>Internet: http://
www.rockwellcollins.com/ServicesandSupport/
Publications.aspx. You may review this referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0326; 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: 800-647-
5527) 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: Ben Tyson, Aerospace Engineer, Wichita
Aircraft Certification Office, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Rockwell Collins
TDR-94 and TDR-94D Mode select (S) transponders that are installed on
airplanes. The NPRM published in the Federal Register on May 22, 2014,
(79 FR 29384). The NPRM was prompted by instances where the TDR-94 and
TDR-94D Mode S transponders did not properly respond to Mode S Only
All-Call interrogations when the airplane transitioned from a ground to
airborne state.
    We were notified that Bombardier CL604 airplanes in Eurocontrol
airspace were not transmitting the appropriate Mode S replies. In at
least one case, the flight crews switched to the other installed
transponder, resulting in normal operation. Rockwell Collins, Inc.
confirmed that other types of airplane could exhibit this same unsafe
condition. As a result of the issue in Eurocontrol airspace, EASA
issued Airworthiness Directive 2010-0003R1, effective date January 11,
2010.
    The TDR-94 and TDR-94D Mode S transponder internal software does
not correctly implement the air/ground override function when the
airplane type code strapping is set to any value other than (1) or (0)
and the airplane rotation speed is greater than 100 knots. The error in
the air/ground override function inhibits the Mode S Only All-Call
replies.
    The NPRM proposed to require inspecting the setting of the airplane
type code category strapping and require either modifying the airplane
type code category setting or installing the software upgrade to
convert the affected transponders to the new part number. We are
issuing this AD to correct the unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to the comment.

Request

    Kevin Lorrigan requested we add Beechcraft Models B300, B300C, and
Hawker 900XP airplanes to paragraph (c), Applicability, to the AD
because typically these airplanes are equipped with the TDR-94 or TDR-
94D transponders with weight-on-wheels input.
    The FAA agrees those airplanes were equipped with the TDR-94 or
TDR-94D transponders when they were delivered from the factory.
However, we disagree with adding these airplanes to paragraph (c),
Applicability, of the AD. After we consulted with Beechcraft and
reviewed their production records, we determined these airplanes are
unaffected in their original ``as-delivered'' configurations. The
airplanes were delivered with the TDR-94 or TDR-94D transponders, but
they were strapped in such a manner that they remain unaffected.
    Paragraph (c), Applicability, of this AD is not intended as all-
inclusive. Paragraph (c) of this AD states, ``. . . transponders that
are installed on but not limited to the airplanes . . .'' and gives a
partial listing of airplanes known to have the affected transponders
installed. Due to the possibility of modification of the airplane after
delivery, each owner must evaluate the airplane's current configuration
to determine compliance with the AD.
    We did not change the final rule AD action based on this comment.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial

changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 29384, May 22, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 29384, May 22, 2014).

Costs of Compliance

    We estimate that this AD affects 8,000 products installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
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Inspect the setting of the          1 work-hour x $85 per  Not applicable.......             $85        $680,000
 airplane type category strapping.   hour = $85.
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    We estimate the following costs to do any necessary corrections
that will be required based on the results of the inspection. We have
no way of determining the number of airplane that might need these
corrections:

                                               On-Condition Costs
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                Action                        Labor cost               Parts cost            Cost per product
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Modify the airplane type code          1 work-hour x $85 per    Not applicable.........  $85.
 category strapping.                    hour = $85.
Convert the part number of the         2 work-hours x $85 per   See conversion parts     Varies depending on
 equipment.                             hour = $170.             cost table.              applicable part number
                                                                                or service bulletin.
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                                 Conversion Parts Cost Table--TDR-94 and TDR-94D
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                                          Service bulletin  Service bulletin  Service bulletin  Service bulletin
          Starting part number                   505               507               508               509
----------------------------------------------------------------------------------------------------------------
-007....................................               N/A            $5,886           $12,636           $18,465
-008....................................            $2,323             5,886             3,414             9,429
-108....................................             2,323               N/A               N/A             6,816
-207....................................               N/A             5,886             9,234            15,057
-308....................................             2,323             5,886             3,414             9,429
-309....................................               N/A             5,886             3,414             9,429
-310....................................               N/A               N/A               N/A             6,183
-408....................................             2,323               N/A               N/A             3,414
-409....................................               N/A               N/A               N/A             3,414
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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

    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 adding the following new airworthiness
directive (AD):

2014-18-01 Rockwell Collins, Inc.: Amendment 39-17965; Docket No.
FAA-2014-0326; Directorate Identifier 2013-CE-051-AD.

(a) Effective Date

    This AD is effective October 14, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the following Rockwell Collins, Inc. part
number (P/N) Mode S transponders that are known to be installed on
but not limited to the airplanes listed in paragraphs (c)(2)(i)
through (c)(2)(xiv) of this AD, except for those airplanes listed in
paragraphs (c)(3)(i) through (c)(3)(vi) of this AD, that have been
modified in-production or in-service:
    (i) TDR-94: CPN 622-9352-008, 622-9352-108, 622-9352-308, 622-
9352-408; and
    (ii) TDR-94D: CPN 622-9210-008, 622-9210-108, 622-9210-308, 622-
9210-408.
    (2) The products listed in paragraphs (c)(1)(i) and (c)(1)(ii)
of this AD may be installed on but not limited to the following
airplanes featuring weight-on wheels input to the transponder,
certificated in any category:
    (i) ATR42 and ATR72;
    (ii) Bombardier (Canadair) CL-600-2B16 (604 Variant);
    (iii) Bombardier CL-600-2B19 (RJ100 and RJ200);
    (iv) Cessna 525, serial numbers (S/N) 525-0600 through 525-0684
(CJ1);
    (v) Cessna 525A, S/N 525A-0300 through 525A-0438 (CJ2);
    (vi) Cessna 525B, S/N 525B-0001 through 525B-0293 (CJ3);
    (vii) Cessna 560, S/N 560-0751 through 560-0802 (Citation
Encore);
    (viii) Cessna 560XL, S/N 560-6001 and subsequent;
    (ix) Dassault Aviation Mystere-Falcon 50;
    (x) Dassault Aviation Mystere-Falcon 900;
    (xi) Dassault Aviation Falcon 2000;
    (xii) Dassault Aviation Falcon 2000EX;
    (xiii) Piaggio Aero Industries P.180 (Avanti and Avanti II); and
    (xiv) SAAB 2000.
    (3) This AD action does not apply to the excepted airplane
models, identified in paragraphs (c)(3)(i) through (c)(3)(vi) of
this AD, that have been modified in-production or in-service. They
do not have the unsafe condition described in this AD.
    (i) Dassault airplanes that have been modified in-service or in-
production following the applicable Dassault Aviation service
information as listed in table 1 of paragraph (c)(3)(i) of this AD.

 Table 1 of Paragraph (c)(3)(i) of This AD: Excepted Dassault Airplanes
------------------------------------------------------------------------
       Airplane models          Service bulletin       Modification(s)
------------------------------------------------------------------------
Mystere-Falcon 50...........  F50-457.............  M2966 and M2968
Mystere-Falcon 900..........  F900-354............  M3896
Falcon 900EX................  F900EX-239..........  M3896
Falcon 2000.................  F2000-312...........  M2624 and M2632
Falcon 2000EX...............  F2000EX-043.........  M2624
------------------------------------------------------------------------

    (ii) Model ATR 42 airplanes or ATR 72 airplanes that had P/N
622-9210-108 transponders installed in production using ATR
modification 05614 or installed in-service using ATR Service
Bulletin ATR42-34-0167 or ATR Service Bulletin ATR72-34-1094, as
applicable.
    (iii) SAAB Model 2000 airplanes that had P/N 622-9210-008
transponders installed in production using SAAB modifications 6231,
6243, and 6249 or installed in-service using SAAB Service Bulletins
2000-34-066, 2000-34-072, and 2000-34-076.
    (iv) Bombardier Aerospace (Canadair) airplanes Model CL-600-2B16
(604 Variant) that had P/N 622-9210-008 transponders installed and
incorporated the corrective actions recommended in the Bombardier
Advisory Wire AW 604-34-0078 using the instructions in Bombardier
Aerospace Service Bulletin 604-34-054 (drawing 604-70482 Engineering
Order, Revison D-1) or using a service request for product support.
Bombardier Aerospace (Canadair) airplanes Model CL-600-2B19 (RJ100
and RJ200) that had P/N 622-9210-008 transponders installed in
production using Bombardier Aerospace Modification TC601R16789 or in
service using Bombardier Aerospace Service Bulletin 601R-34-142
(Modification TC601R16790).
    (v) Cessna Aircraft Company Models 525, 525A, and 525B airplanes
that had P/N 622-9352-008 transponders installed in production using
Cessna Engineering Change Records (ECRs) 55298, 58654, and 59567;
and Model 525B airplanes that had P/N 622-9352-008 transponders
installed in service using Cessna Aircraft Company Service Bulletin
SB525B-34-03 or SB525B-34-08. Cessna Aircraft Company Models 525,
525A, 525B, 560, and 560XL airplanes that had P/N 622-9210-008
transponders installed in production using Cessna ECRs 55298, 58654,
59567, 56135, and 58032; and Model 525B airplanes that had P/N 622-
9210-008 transponders installed in service using Cessna Service
Bulletin SB525B-34-03 or SB525B-34-08.
    (vi) Piaggio Aero Industries Model P.180 (Avanti) airplanes that
had P/N 622-9210-008 transponders installed in production using
Piaggio modification 80-0773 or in service using Piaggio Service
Bulletin SB-80-0227. Piaggio Aero Industries Model P.180 (Avanti II)
airplanes that had P/N 622-9210-008 transponders installed in
production using Piaggio modification 80-0588 and 80-0598.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by instances where the TDR-94 and TDR-94D
Mode S transponders did not properly respond to Mode S Only All-Call
interrogations when the airplane transitioned from a ground to
airborne state. We are issuing this AD to detect and correct Mode S
transponders that do not respond correctly to Mode S Only All-Call
interrogations, which could result in increased pilot and air
traffic controller workload as well as reduced separation of
airplanes.

(f) Compliance

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

(g) Inspection

    Within the next 2 years after October 14, 2014 (the effective
date of this AD), inspect the airplane type code category strapping
setting for a value of zero (0) or one (1) following Rockwell
Collins, Inc. Service Information Letter 07-2,<PHONE_NUMBER>-101000,
TDR-94() SIL 07-02, Revision 1, dated September 2, 2008. If the
airplane type code category strapping is set to a value of zero (0)
or one (1), no further action is required by this AD.

(h) Modification

    If the airplane type code category strapping is not set to a
value of zero (0) or one (1), within two years after October 14,
2014 (the effective date of this AD), do the actions required in
either paragraph (h)(1) or (h)(2), to include all subparagraphs, of
this AD.
    (1) Modify the airplane type code category strapping setting to
a value of zero (0) or one (1) following Rockwell Collins, Inc.
Service Information Letter 07-2,<PHONE_NUMBER>-101000, TDR-94() SIL
07-02, Revision 1, dated September 2, 2008.
    (2) Install a software upgrade to convert the part numbers of
the transponders to the new part numbers using the following
Rockwell Collins, Inc. service information, as applicable:

    Note 1 to paragraph (h)(2) of this AD:  More than one of the
bulletins may apply to your particular P/N transponder, but each
bulletin brings different capabilities and associated costs. We
recommend reviewing each bulletin to determine the optimal choice
for your installation.
    (i) Service Bulletin 505,<PHONE_NUMBER>-001000, TDR-94()-34-505,
dated September 2, 2008;
    (ii) Service Bulletin 507,<PHONE_NUMBER>-301000, TDR-94/94D-34-
507, Revision 3, dated December 5, 2011;
    (iii) Service Bulletin 508,<PHONE_NUMBER>-001000, TDR-94()-34-508,
dated September 16, 2009; or

    (iv) Service Bulletin 509,<PHONE_NUMBER>-001000, TDR-94()-34-509,
dated September 16, 2009.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Ben Tyson,
Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801
Airport Road, Room 100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rockwell Collins, Inc. Service Information Letter 07-2, 523-
0810069-101000, TDR-94() SIL 07-2, Revision 1, dated September 2,
2008.
    (ii) Rockwell Collins, Inc. Service Bulletin 505,<PHONE_NUMBER>-
001000, TDR-94()-34-505, dated September 2, 2008.
    (iii) Rockwell Collins, Inc. Service Bulletin 507,<PHONE_NUMBER>-
301000, TDR-94/94D-34-507, Revision 3, dated December 5, 2011.
    (iv) Rockwell Collins, Inc. Service Bulletin 508,<PHONE_NUMBER>-
001000, TDR-94()-34-508, dated September 16, 2009.
    (v) Rockwell Collins, Inc. Service Bulletin 509,<PHONE_NUMBER>-
001000, TDR-94()-34-509, dated September 16, 2009.
    (3) For service information identified in this AD, contact
Rockwell Collins, Inc., Collins Aviation Services, 350 Collins Road
NE., M/S 153-250, Cedar Rapids, IA 52498-0001; telephone: 888-265-
5467 (U.S.) or<PHONE_NUMBER>; fax:<PHONE_NUMBER> (outside U.S.);
email<EMAIL_ADDRESS>Internet: http://
www.rockwellcollins.com/ServicesandSupport/
Publications.aspx.
    (4) You may review this referenced service information at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this 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 Kansas City, Missouri, on August 28, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-21027 Filed 9-8-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62883-62884]
[DOCID:fr01de09-157]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0242]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-three
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. The exemptions will enable these
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are effective December 1, 2009. The exemptions
expire on December 1, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

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: Anyone may search the electronic form of all comments
received into any of DOT's 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, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://Docketinfo.dot.gov.

Background

    On September 22, 2009, FMCSA published a notice of receipt of
Federal diabetes exemption applications from twenty-three individuals
and requested comments from the public (74 FR 48338). The public
comment period closed on October 22, 2009, and no comments were
received.
    FMCSA has evaluated the eligibility of the twenty-three applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register Notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register Notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These twenty-three applicants have had ITDM over a range of 1 to 39
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage his/her diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the September 22, 2009, Federal
Register Notice, therefore, they will not be repeated in this notice.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of

the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) 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 (4) 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 also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the twenty-three exemption
applications, FMCSA exempts, Charles E. Boyle, John A. Churchill,
Dennis O. Chynoweth, Warren B. Copple, Jr., Ruben L. Flores, William J.
Garber, Richard S. Gino, Hernan Hernandez, Devin J. Johansen, Michael
J. Kelly, Jeffrey E. Kiehl, Dennis Larsen, Jesus G. Maesse, Richard M.
Munoz, Jackson R. Olive, Wayne E. Parry, Thomas N. Pico, Matthew L.
Pritchard, Paul Ramirez, Randall D. Stegemiller, Jon C. Thomas, Dennis
M. Thyfault, and Howard M. Wilson, from the ITDM standard in 49 CFR
391.41(b)(3), subject to the conditions listed under ``Conditions and
Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two 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(e) 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: November 23, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-28701 Filed 11-30-09; 8:45 am]

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[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Page 34875]
[FR Doc No: 2023-11511]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4661-DR; Docket ID FEMA-2023-0001]

Alaska; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alaska (FEMA-4661-DR), dated July 26, 2022, and
related determinations.

DATES: This change occurred on April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Lance E. Davis,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Yolanda J. Jackson as
Federal Coordinating Officer for this disaster.

    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-11511 Filed 5-30-23; 8:45 am]
BILLING CODE 9111-23-P