[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24438-24445]
[FR Doc No: 2017-10764]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0036]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 49 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 26, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0036 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.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the

docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 49 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

II. Qualifications of Applicants

Craig L. Ambrose

    Mr. Ambrose, 52, has had ITDM since 2006. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ambrose understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ambrose meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Georgia.

Manuel R. Arciniega

    Mr. Arciniega, 47, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Arciniega understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Arciniega meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from New
Mexico.

Timothy D. Beardain

    Mr. Beardain, 29, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Beardain understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beardain meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Tyler A. Benjamin

    Mr. Benjamin, 33, has had ITDM since 2009. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Benjamin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Benjamin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Alabama.

George Bonilla, Jr.

    Mr. Bonilla, 34, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bonilla understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bonilla meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New York.

Stevenson Y. Brooks

    Mr. Brooks, 64, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brooks understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV

safely. Mr. Brooks meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2016 and certified
that he does not have diabetic retinopathy. He holds an operator's
license from Georgia.

Kevin J. Brown

    Mr. Brown, 40, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brown understands diabetes
management and monitoring, 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 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Todd C. Burk

    Mr. Burk, 52, has had ITDM since 2016. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Burk understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Burk meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Alaska.

Roy L. Clark, Jr.

    Mr. Clark, 42, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Clark understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Clark meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New Jersey.

Scott A. Conwell

    Mr. Conwell, 48, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Conwell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Conwell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Charles T. Dwyer

    Mr. Dwyer, 66, has had ITDM since 2000. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dwyer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dwyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Michigan.

James C. Engle, Jr.

    Mr. Engle, 59, has had ITDM since 2006. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Engle understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Engle meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Georgia.

Adam T. Fitzgerald

    Mr. Fitzgerald, 24, has had ITDM since 2011. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fitzgerald understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fitzgerald meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Louisiana.

Kevin R. Fowler

    Mr. Fowler, 33, has had ITDM since 2008. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fowler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fowler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Washington.

Michael L. Frutiger

    Mr. Frutiger, 62, has had ITDM since 1985. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or

more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Frutiger understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Frutiger meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Oregon.

Charles E. Hill

    Mr. Hill, 44, has had ITDM since 2017. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Hill understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hill meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Tennessee.

Galen L. Hoodenpyl

    Mr. Hoodenpyl, 56, has had ITDM since 2010. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hoodenpyl understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hoodenpyl meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Oregon.

Robert J. Hughes

    Mr. Hughes, 37, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hughes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hughes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

Michael A. Hunt

    Mr. Hunt, 68, has had ITDM since 2017. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Hunt understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hunt meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL from Iowa.

Travis P. James

    Mr. James, 35, has had ITDM since 1995. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. James understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. James meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Kentucky.

Vincent K. Johnson

    Mr. Johnson, 45, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from the District of
Columbia.

Christopher A. King

    Mr. King, 31, has had ITDM since 2014. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. King understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. King meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds an operator's license from New York.

Norman L. King

    Mr. King, 39, has had ITDM since 2011. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. King understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. King meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he does not have diabetic retinopathy.
He holds an operator's license from California.

Harlan E. Kizer

    Mr. Kizer, 57, has had ITDM since 2015. His endocrinologist
examined him

in 2017 and certified that he has had no severe hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 12 months and no recurrent (2 or more)
severe hypoglycemic episodes in the last 5 years. His endocrinologist
certifies that Mr. Kizer understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Kizer meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2016 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Oklahoma.

Peter J. Klepp

    Mr. Klepp, 24, has had ITDM since 2003. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Klepp understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Klepp meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Idaho.

Walter Kube, Jr.

    Mr. Kube, 57, has had ITDM since 2017. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Kube understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Kube meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from New Jersey.

Brian J. Lascko

    Mr. Lascko, 60, has had ITDM since 2011. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lascko understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lascko meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Samuel B. Layton

    Mr. Layton, 74, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Layton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Layton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C CDL from
Delaware.

Lance J. Magnuson

    Mr. Magnuson, 44, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Magnuson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Magnuson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nebraska.

Nicholas A. Marmolejo

    Mr. Marmolejo, 25, has had ITDM since 1998. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Marmolejo understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Marmolejo meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.

Lawrence F. McCarthy

    Mr. McCarthy, 57, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McCarthy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McCarthy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Massachusetts.

Richard E. McGlashan

    Mr. McGlashan, 49, has had ITDM since 2014. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McGlashan understands diabetes
management and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. McGlashan meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017
and certified that he does not have diabetic retinopathy. He holds a
Class A CDL from Florida.

Bryan J. Meyer

    Mr. Meyer, 57, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Meyer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Meyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Wisconsin.

Craig S. Meyer

    Mr. Meyer, 55, has had ITDM since 2010. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Meyer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Meyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative and stable proliferative diabetic retinopathy. He
holds an operator's license from Missouri.

Michael J. Miller

    Mr. Miller, 46, has had ITDM since 1997. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Miller understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Miller meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.

Elwin D. Ness

    Mr. Ness, 58, has had ITDM since 2009. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ness understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ness meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable proliferative diabetic
retinopathy. He holds a Class A CDL from Minnesota.

Perry L. Ofstad

    Mr. Ofstad, 50, has had ITDM since 1984. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ofstad understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ofstad meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Wisconsin.

Eddie L. Parsons

    Mr. Parsons, 74, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Parsons understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Parsons meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Joseph B. Patsch

    Mr. Patsch, 25, has had ITDM since 2010. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Patsch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Patsch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from California.

Guillermo Ponce

    Mr. Ponce, 46, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ponce understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ponce meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

David G. Reppert

    Mr. Reppert, 57, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the

assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Reppert understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reppert meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Pennsylvania.

Timothy L. Salter

    Mr. Salter, 52, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Salter understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Salter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Alabama.

David B. Sanders

    Mr. Sanders, 63, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sanders understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sanders meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Missouri.

Brandon J. Smith

    Mr. Smith, 30, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.

Cody J. Swift

    Mr. Swift, 26, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Swift understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Swift meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.

Geoffrey K. Tarr

    Mr. Tarr, 55, has had ITDM since 1993. His endocrinologist examined
him in 2016 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Tarr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Tarr meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2016 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Tennessee.

Jonathan L. Trieloff

    Mr. Trieloff, 28, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Trieloff understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Trieloff meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Wisconsin.

Mark A. Williams

    Mr. Williams, 58, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Williams understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Williams meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Louisiana.

William E. Yoder

    Mr. Yoder, 60, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Yoder understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Yoder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \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) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0036 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0036 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: May 18, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-10764 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71024-71025]
[FR Doc No: 2013-28397]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-54]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before December 17, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0815 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jay Turnberg, Federal Aviation
Administration, Engine and Propeller Directorate, Standards Staff, ANE-
111, 12 New England Executive Park, Burlington, Massachusetts 01803-
5229;<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>or Andrea Copeland, ARM-200, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591; email andrea.copeland @faa.gov; (202) 267-
8081.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 21, 2013.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0815
    Petitioner: International Aero Engines, LLC
    Section of 14 CFR Affected: Sec.  33.94(a)(1)
    Petitioner requests relief to enable it to change the fan blade
failure location from the blade outermost retention groove to the blade
platform for its engine model PW100G-JM in conducting the blade
containment test required by Section 33.94.

[FR Doc. 2013-28397 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37871-37873]
[FR Doc No: 2022-13536]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0319]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Dear Healthcare Provider Letters: Improving
Communication of Important Safety Information

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice requests comments on information collection associated with the
communication of important safety information to medical practitioners.

DATES: Submit either electronic or written comments on the collection
of information by August 23, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 23, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 23, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as

well as any attachments, except for information submitted, marked and
identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include Docket No. FDA-
2010-D-0319 for ``Agency Information Collection Activities; Proposed
Collection; Comment Request; Dear Healthcare Provider Letters:
Improving Communication of Important Safety Information.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Improving Communication of Important Safety Information--21 CFR Part
200

OMB Control Number 0910-0754--Extension

    This information collection supports Agency regulations and
recommendations found in associated Agency guidance, as discussed
below. Under section 705 of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 375), the Secretary of the Department of Health
and Human Services (the Secretary) may require dissemination of
information for drugs in situations that involve, in the Secretary's
opinion, ``imminent danger to health, or gross deception of the
consumer.'' Implementing regulations are found in Sec.  200.5 (21 CFR
200.5) and outline the general provisions for ``Dear Healthcare
Provider'' (DHCP) letters that manufacturers and distributors
disseminate about important drug warnings, important prescribing
information, and important correction of drug information. The
regulations also prescribe certain format and content instructions
regarding the dissemination of covered information. Manufacturers or
distributors send DHCP letters to physicians and other healthcare
providers to communicate an important drug warning, a change in
prescribing information, or a correction of misinformation in
prescription drug promotional labeling or advertising. We developed the
guidance document entitled ``Dear Healthcare Provider Letters:
Improving Communication of Important Safety Information'' (January
2014), available at https://www.fda.gov/media/79793/download, to
provide instructions and recommendations to respondents on implementing
the applicable requirements. All Agency guidance documents are issued
consistent with our good guidance practice regulations at 21 CFR
10.115.
    In addition to the content and format recommendations for each type
of DHCP letter, the guidance also includes recommendations on
consulting with FDA on: (1) how to develop a DHCP letter; (2) when to
send a letter; (3) what type of letter to send; and (4) how to assess
the letter's impact.
    We estimate the burden of the information collection as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                        Average time
                      Activity; 21 CFR section                          Number of      responses per     Total annual     per response     Total hours
                                                                       respondents       respondent       responses        (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preparation of DHCP letters; Sec.   200.5..........................               6              1.3                8              100              800
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We have identified 24 DHCP letters that 18 distinct sponsors
submitted to FDA during the 3-year period (2019 to 2021). Based on our
Document Archiving, Reporting, and Regulatory Tracking System, we
estimate eight DHCP letters will be submitted annually from six
application holders. Based on our experience, we assume that each
letter will require 100 hours to prepare and disseminate as recommended
in the guidance. Our estimate reflects a downward adjustment by five
responses and 500 hours annually. We attribute this decrease to the
effectiveness of the guidance and the decreased number of DHCP letters
submitted for FDA review.

    Dated: June 16, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-13536 Filed 6-23-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Proposed Rules]
[Page 8838]
[FR Doc No: 2015-03483]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2007-1205; FRL 9923-04-Region 6]

National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Albuquerque-Bernalillo County Air Quality
Control Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board
(ABCAQCB) submitted updated regulations for receiving delegation of the
Environmental Protection Agency (EPA) authority for implementation and
enforcement of New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) for all
sources (both part 70 and non-part 70 sources). The delegation of
authority under this action applies only to sources located in
Bernalillo County, New Mexico, and does not extend to sources located
in Indian Country. EPA is providing notice that it is updating the
delegation of certain NSPS to ABCAQCB, and is taking direct final
action to approve the delegation of certain NESHAPs to ABCAQCB.

DATES: Written comments on this proposed rule must be received on or
before March 23, 2015.

ADDRESSES: Comments may be mailed to Mr. Rick Barrett, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the Addresses section of the direct final rule
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett,<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving ABCAQCB's request for delegation of
authority to implement and enforce certain NSPS and NESHAP for all
sources (both part 70 and non-part 70 sources). ABCAQCB has adopted
certain NSPS and NESHAP by reference into ABCAQCB's regulations. In
addition, EPA is waiving its notification requirements so sources will
only need to send notifications and reports to ABCAQCB.
    The EPA is taking direct final action without prior proposal
because EPA views this as a noncontroversial action and anticipates no
adverse comments. A detailed rationale for this approval is set forth
in the preamble to the direct final rule. If no relevant adverse
comments are received in response to this action, no further activity
is contemplated. If EPA receives relevant adverse comments, the direct
final rule will be withdrawn, and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting must do so at this time. If EPA receives relevant adverse
comment on an amendment, paragraph, or section of the rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: January 28, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-03483 Filed 2-18-15; 8:45 am]
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[Federal Register: December 4, 2008 (Volume 73, Number 234)]
[Rules and Regulations]
[Page 73782-73785]
[DOCID:fr04de08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0589; Directorate Identifier 2008-NE-17-AD;
Amendment 39-15757; AD 2008-24-13]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney PW4000 Series 94-Inch
Fan Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Pratt & Whitney (P&W) PW4052, PW4056, PW4060, PW4062, PW4152, PW4156A,
PW4158, PW4460, and PW4462 turbofan engines. This AD requires a onetime
visual inspection of all EEC-131 model electronic engine controls
(EECs). This AD also requires the EECs to be identified, categorized by
group number, marked, and replaced using a fleet management plan. This
AD results from a report of an uncommanded engine in-flight shutdown
due to defective EEC pulse width modulator (PWM) microcircuits. We are
issuing this AD to prevent uncommanded in-flight engine shutdowns which
could result in loss of thrust and prevent continued safe flight or
landing.

DATES: This AD becomes effective January 8, 2009. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of January 8, 2009.

ADDRESSES: You can get the service information identified in this AD
from Pratt & Whitney, 400 Main St., East Hartford, CT 06108; telephone
(860) 565-8770; fax<PHONE_NUMBER>.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a proposed AD. The proposed AD applies to P&W PW4052, PW4056,
PW4060, PW4062, PW4152, PW4156A, PW4158, PW4460, and PW4462 turbofan
engines. We published the proposed AD in the Federal Register on August
14, 2008 (73 FR 47561). That action proposed to require a onetime
visual inspection of all EEC-131 model EECs. That action also proposed
to require the EECs to be identified, categorized by group number,
marked, and replaced using a fleet management plan.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
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 street address for

the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request To Change Compliance From Cycles In Service Since New

    Pratt & Whitney, Airbus S.A.S., Boeing, the Air Transport
Association (ATA), and 10 carriers request that we change cycles in
service ``since new'' to cycles in service ``from the effective date of
this AD''. They state that cycles in service since new was probably
selected in error by the FAA, as the age of the fleet would require
most of the EECs to be removed immediately.
    We agree. We changed the AD to reflect ``cycles in service from the
effective date of this AD''.

Request for Clarification on Group 4 EEC Classification

    Pratt & Whitney and Northwest Airlines request clarification on the
classification of Group 4 EECs, and on what action is required for
group 4 EECs. They express confusion on how Group 4 EECs are handled in
the proposed AD.
    We provide clarification as follows:
    Group 4 is a category of EECs that have been identified as having
non-defective PWMs, either by the serial numbers published in P&W
Service Bulletin (SB) No. PW4ENG A73-214, or through the completion of
the repair described in Hamilton Sunstrand SB No. EEC131-1-73-59. We
changed the AD by adding compliance paragraph (h)(3) as follows:
    ``(3) There are no scheduled replacement requirements for Group 4
EECs.''
    We also changed compliance paragraph (i) to read: ``A serviceable
EEC is an EEC that does not violate the EEC installation procedure as
provided by paragraphs (k), (l), and (m) of this AD, or a Group 4
EEC.''

Request To Re-Evaluate EEC Marking

    FedEx and Lufthansa Technik AG request that the EEC marking
requirements be re-evaluated so that the operators who have a means of
verifying and tracking units can be exempted from the physical marking
of the EEC. They state that the physical marking adds an unnecessary
burden on their maintenance system.
    We partially agree. While some operators may have the capability of
reliably tracking EECs in their fleet without physically remarking
them, we determined that not all operators share this capability. In
the absence of an alternate method of categorizing EECs into the
appropriate group, the AD requires physical remarking of the EECs. This
is done to prevent Group 1 EECs from being inadvertently moved from one
engine or airplane to another, and to aid in the prioritization of EEC
returns to Hamilton Sundstrand. Operators who believe they have
sufficient means of categorizing EECs without physically remarking the
parts, should request an Alternative Method of Compliance in accordance
with compliance paragraph (o) of the AD. We did not change the AD.

Request To Increase the Costs of Compliance Estimate

    FedEx, United Airlines, and the ATA, request that we increase the
costs of compliance estimate in the AD. The commenters state that it
takes 2 hours to remove the old EEC and install its replacement. They
state that a post installation Required Inspection Item and engine idle
test, must be performed for each EEC replacement.
    We partially agree. Although the proposed AD states that 1 work-
hour per engine was considered in the estimate for replacing the EEC,
the estimate of $467,200 includes 3 work-hours (1 hour for inspecting,
categorizing, and marking the EEC and 2 hours for removing and
replacing the EEC) and $400 for replacement parts for each EEC. The
three-hour estimate, therefore, is accurate. However, to properly
reflect that estimate, we changed the costs of compliance to read:
    ``We also estimate that it will take about 1 work-hour per engine
to inspect, categorize, and mark each of the 730 EECs, and 2 work-hours
per engine to remove and replace up to 730 EECs.''

Suggestion for More Consistency With the SBs

    Pratt & Whitney Cheshire Engine Center and Airbus S.A.S., suggest
changes to the Discussion section of the proposed AD, so there would be
more consistency between the AD and P&W Alert SB No. PW4ENG A73-214 and
P&W SB No. PW4ENG 73-216.
    We disagree. While the description of the issue in the SBs is more
detailed, the intent of the Discussion section in the proposed AD is to
provide a summary of the unsafe condition, rather than an in-depth
technical discussion. The final rule AD does not repeat the information
from the proposed AD Discussion section, therefore, we did not change
the AD.

Request for Aircraft Maintenance Manuals To Be Updated

    Lufthansa Technik AG and Royal Dutch Airlines request that we
arrange for the Aircraft Maintenance Manuals (AMM) to be updated to
reflect the requirements set forth in this AD.
    We disagree. While changes to the AMM may be warranted, the
requirements set forth in this AD are sufficient to address the unsafe
condition addressed by the AD. We suggest that the commenters request
changes to the AMM directly to the airframer. We did not change the AD.

Request To Add Provisions to the AD To Accept Work Done Previously
Using the Original Issue or Revision 1 of P&W ASB No. PW4ENG A73-214

    One commenter, United Parcel Service, requests that we add
provisions to the AD to accept work done previously using the original
issue or Revision 1 of P&W ASB No. PW4ENG A73-214. The commenter states
that accomplishment of original issue or Revision 1, satisfies the
requirements in Revision 2 of ASB No. PW4ENG A73-214.
    We agree. Rework done using the original issue and Revision 1 of
P&W ASB No. PW4ENG A73-214 satisfies the ASB Revision 2 requirements
for Groups 1, 2, and 3 EECs. We added a Previous Credit paragraph as
follows:
    ``(n) Inspecting, categorizing, and marking of EECs before the
effective date of this AD performed using the Accomplishment
Instructions of P&W Alert SB No. PW4ENG A73-214 original issue or
Revision 1, satisfy the requirements of paragraph (f)(1) of this AD.''

Claim That SBs Are Incorrectly Labeled

    United Airlines and the ATA claim that in two locations of the
proposed AD, P&W SBs are incorrectly labeled, either as Alert SBs or as
non-Alert SBs.
    We agree. However, one of the locations is in the proposed AD
Discussion section, which we do not repeat in the AD, and the other
location is already corrected due to a previous comment response.

Question on Whether Omission of SB References Was Intentional

    One commenter, Airbus S.A.S., questions whether the omission of any
reference of P&W SB No. PW4ENG 73-215 was intentional. The commenter
states that SBs No. PW4ENG A73-214, No. PW4ENG 73-215, and No. PW4ENG
73-216, were issued by P&W as a group,

to address the unsafe condition addressed by this AD.
    We intentionally omitted that SB reference. P&W SB No. PW4ENG 73-
215 limits the installation of Group 1 EECs to one per airplane within
one year from the SB issue date. Because the recommended compliance
end-date for P&W SB No. PW4ENG 73-215 action coincides with the
compliance time to remove all Group 1 EECs as required by this AD, we
determined that it was only necessary to mandate the removal of all
Group 1 EECs. Operators are encouraged to evaluate all the recommended
maintenance actions provided by the manufacturer to accomplish smooth
fleet-wide compliance with the requirements of this AD. We did not
change the AD.

Suggestion To Change the Part Number on EECs

    Northwest Airlines suggests that the part number be changed on the
EEC, as opposed to categorizing and marking Group numbers, as discussed
in the proposed AD. The commenter states that doing this would allow
ease of tracking parts and ease of showing compliance to the AD.
    We disagree. We consider the addition of a Group number to the part
marking to be sufficient means for identification of EECs. The method
of tracking compliance to the AD is left up to each operator. We did
not change the AD.

Request To Change the Compliance Times

    Northwest Airlines and P&W request that we change the proposed AD
compliance times to make them consistent with the SBs.
    We partially agree. The compliance times in the proposed AD were
compressed from those in the SBs, due to the cycle time associated with
issuing an AD. The intent was for the end-date of the proposed AD
compliance times to roughly agree with those in the referenced SBs. To
better achieve this intent, we updated the compliance times in the AD.
We changed compliance paragraphs (h)(1) and (h)(2) from:
    ``(1) Group 2 EECs, before reaching 4,000 CIS since new, but not
later than 2 years after the effective date of this AD.
    (2) Group 3 EECs, before reaching 14,000 CIS since new, but not
later than 6 years after the effective date of this AD.''
    To:
    ``(1) Group 2 EECs, before reaching 5,000 CIS after the effective
date of this AD, but not later than 2\1/2\ years after the effective
date of this AD.
    (2) Group 3 EECs, before reaching 13,000 CIS after the effective
date of this AD, but not later than 6\1/2\ years after the effective
date of this AD.''
    We also changed prohibition paragraphs (k), (l), and (m) from:
    ``(k) Do not install any Group 1 EEC after 1 year from the
effective date of this AD or any Group 1 EEC that has reached 2,000 CIS
since new.
    (l) Do not install any Group 2 EEC after 2 years from the effective
date of this AD or any Group 2 EEC that has reached 4,000 CIS since
new.
    (m) Do not install any Group 3 EEC after 6 years from the effective
date of this AD or any Group 3 EEC that has reached 14,000 CIS since
new.''
    To:
    ``(k) Do not install any Group 1 EEC after 1 year from the
effective date of this AD or any Group 1 EEC that has accumulated an
additional 2,000 CIS from the effective date of this AD.
    (l) Do not install any Group 2 EEC after 2\1/2\ years from the
effective date of this AD or any Group 2 EEC that has accumulated an
additional 5,000 CIS from the effective date of this AD.
    (m) Do not install any Group 3 EEC after 6\1/2\ years from the
effective date of this AD or any Group 3 EEC that has accumulated an
additional 13,000 CIS from the effective date of this AD.''

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 730 P&W PW4000 series 94-inch
fan turbofan engines installed on airplanes of U.S. registry. We also
estimate that it will take about 1 work-hour per engine to inspect,
categorize, and mark each of the 730 EECs, and 2 work-hours per engine
to remove and replace up to 730 EECs. The average labor rate is $80 per
work-hour. Required replacement parts will cost about $400 per engine.
Based on these figures, we estimate the total cost of the AD to U.S.
operators to be $467,200. This Costs of Compliance reflects only the
requirements set forth by the AD, which is the removal and replacement
of the EEC.

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); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration 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:

2008-24-13 Pratt & Whitney: Amendment 39-15757. Docket No. FAA-2008-
0589; Directorate Identifier 2008-NE-17-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
8, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Pratt & Whitney (P&W) PW4052, PW4056,
PW4060, PW4062, PW4152, PW4156A, PW4158, PW4460, and PW4462 turbofan
engines. These engines are installed on, but not limited to, Airbus
A300-600 and A310-300, and Boeing 747-400, Boeing 767-200, 767-300,
and MD-11 series airplanes.

Unsafe Condition

    (d) This AD results from a report of an uncommanded engine in-
flight shutdown due to defective electronic engine control (EEC)
pulse width modulator (PWM) microcircuits. We are issuing this AD to
prevent uncommanded in-flight engine shutdowns which could result in
loss of thrust and prevent continued safe flight or landing.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.

Onetime Visual Inspection and Reporting Requirements

    (f) Within 600 operating hours after the effective date of this
AD:
    (1) Perform a onetime visual inspection of the EEC-131 model
EECs to identify, categorize, and mark them as a Group 1, Group 2,
Group 3, or Group 4 EEC.
    (2) Use paragraphs 1 through 7 in the Accomplishment
Instructions of P&W Alert Service Bulletin No. PW4ENG A73-214,
Revision 2, dated May 23, 2008, to inspect, categorize, and mark the
EECs.
    (3) Within 30 calendar days of completing paragraph (f)(1) of
this AD, report all inspection findings to Kevin Dickert, Engine
Certification Office, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803.
    (4) The Office of Management and Budget (OMB) has approved the
reporting requirements and assigned OMB control number 2120-0056.

Replacement of Group 1 EECs

    (g) Replace Group 1 EECs with a serviceable EEC before reaching
2,000 cycles-in-service (CIS) after the effective date of this AD,
but not later than one year from the effective date of this AD.

Replacement of Groups 2, 3, and 4 EECs

    (h) Replace the following groups of EECs with a serviceable EEC,
or any EEC that does not violate the EEC installation procedure as
provided by paragraphs (k), (l), and (m) of this AD, as follows:
    (1) Group 2 EECs, before reaching 5,000 CIS after the effective
date of this AD, but not later than 2\1/2\ years after the effective
date of this AD.
    (2) Group 3 EECs, before reaching 13,000 CIS after the effective
date of this AD, but not later than 6\1/2\ years after the effective
date of this AD.
    (3) There are no scheduled replacement requirements for Group 4
EECs.

Definition of Serviceable EECs

    (i) A serviceable EEC is an EEC that does not violate the EEC
installation procedure as provided by paragraphs (k), (l), and (m)
of this AD, or a Group 4 EEC.
    (j) Information on obtaining a serviceable EEC can be found in
P&W SB No. PW4ENG 73-216, dated April 8, 2008. To obtain this SB,
see paragraph (q) of this AD for P&W contact information.

EEC Installation Prohibition

    (k) Do not install any Group 1 EEC after 1 year from the
effective date of this AD or any Group 1 EEC that has accumulated an
additional 2,000 CIS from the effective date of this AD.
    (l) Do not install any Group 2 EEC after 2\1/2\ years from the
effective date of this AD or any Group 2 EEC that has accumulated an
additional 5,000 CIS from the effective date of this AD.
    (m) Do not install any Group 3 EEC after 6\1/2\ years from the
effective date of this AD or any Group 3 EEC that has accumulated an
additional 13,000 CIS from the effective date of this AD.

Previous Credit

    (n) Inspecting, categorizing, and marking of EECs before the
effective date of this AD performed using the Accomplishment
Instructions of P&W Alert SB No. PW4ENG A73-214 original issue or
Revision 1, satisfy the requirements of paragraph (f)(1) of this AD.

Alternative Methods of Compliance

    (o) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (p) Contact Kevin Dickert, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

Material Incorporated by Reference

    (q) You must use the service information specified in Pratt &
Whitney Alert Service Bulletin No. PW4ENG A73-214, Revision 2, dated
May 23, 2008, to inspect, categorize, and mark the EECs. The
Director of the Federal Register approved the incorporation by
reference of this service bulletin in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Pratt & Whitney, 400 Main St.,
East Hartford, CT 06108; telephone<PHONE_NUMBER>; fax (860) 565-
4503, for a copy of this service information. You may review copies
at the FAA, New England Region, 12 New England Executive Park,
Burlington, MA; or 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 Burlington, Massachusetts, on November 21, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E8-28270 Filed 12-3-08; 8:45 am]

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