# -*- coding: utf-8 -*-
"""
Code for Landfills

This Python script calculates pumping volume estimates for potential landfill leachate pumping systems from data facility specific data and input parameter from the SE10413_Landfill Leachate Analysis_Calculations.xlsx.

SE10413_Landfill Leachate Analysis_Calculations.xlsx must be saved in the same folder as this script for the code to successfully run.

Created on Mon Sep 19 21:17:57 2022

@author: Andrew Rimelman, PG Environmental
"""

import pandas as pd
import numpy as np
from scipy.special import exp1

#Calculates aquifer transmissibility
def transmissivity (k,b):
    trans=k*b
    return trans

#Calculates of the dimensionless parameter u
def ufunct(r,s,trans,time):
    u=1.87*r**2*s/(trans*time)
    return u

#Calculates pumping required to reach a drawdown of at a radius r and time t
def qpump(w,T,s):
    Q=s*T/(114.6*w)
    return Q

#Calculates drawndown using Theis Equation
def theis (q, T, r0, S, t):
    u0=ufunct(r0, S, T, t)
    w0=exp1(u0)
    dd=114.6*q/T*w0
    return dd

#Impots and cleans up data from the Leachate Facilites Spreadsheet (Note: Leachate Facilities Spreadsheet must be located in the same folder as this script.)
indata=pd.read_excel("SE10413_Landfill Leachate Analysis_Calculations.xlsx", "Landfill Data", header=2)
pddata=indata.iloc[:,1:]
data=pddata.to_numpy()
inputs=pd.read_excel("SE10413_Landfill Leachate Analysis_Calculations.xlsx", "Theis Equation Inputs", header=1)
inputs=inputs.iloc[:,1:]
wellnotab=pd.read_excel("SE10413_Landfill Leachate Analysis_Calculations.xlsx", "Well Number Buckets", header=1)
wellnotab=wellnotab.iloc[:,1:]
sumstat=pd.read_excel("SE10413_Landfill Leachate Analysis_Calculations.xlsx", "Summary Statistics", header=1)
sumstat=sumstat.iloc[:,1:]

#Assigns variables to Equation inputs
s=float(inputs.iloc[0,1])
mos=float(inputs.iloc[1,1])
t=float(inputs.iloc[2,1])
dd=float(inputs.iloc[3,1])
r0=float(inputs.iloc[4,1])
ddratio=float(inputs.iloc[5,1])
maxit=float(inputs.iloc[6,1])
minpump=float(inputs.iloc[7,1])
jc=inputs.iloc[14,1]

#For loop variables
count=0
exiter=0
speccount=0
exwellcount=0
quaderrorcount=0
#wellno=5.

#Loops through all landfills and calculates pumping requirements at all unlined facilities that are marked "Y" in the test column.
for i in data[:,0]:
    if data[count,32]=="Y":
        #Facility Specific parameters
        k=float(data[count,34])
        b=float(data[count,22])
        xc=float(data[count,25])

        #Applies Jacobs correction to drawndown if enabled
        if jc == "Y":
            ddc1=(-1.+(1.**2.-4./(2.*b)*dd)**(1./2.))/(-1./b)
            ddc2=(-1.-(1.**2.-4./(2.*b)*dd)**(1./2.))/(-1./b)
            if abs(ddc1-dd) < abs(ddc2-dd):
                if ddc1 >= 0.:
                    ddu=ddc1
                else:
                    ddu=dd
                    quaderrorcount += 1

            if abs(ddc1-dd) >= abs(ddc2-dd):
                if ddc2 >= 0.:
                    ddu=ddc2
                else:
                    ddu=dd
                    quaderrorcount += 1
            print (ddu)
        #While loop variables
        count3=0
        test1=True
        if jc !="Y":
            ddu=dd

        #Verifies whether drawdown at the well is sufficiently less than the aquifer thickness and adds wells accordingly.
        while test1 == True:
            #Sets number of wells for first iteration
            if count3==0:
                counttwo=0
                for j in wellnotab.iloc[:,0]:
                    if xc > j and xc <= wellnotab.iloc[counttwo,1]:
                        wellno= wellnotab.iloc[counttwo,2]
                        break
                    counttwo += 1
            #Calculates pumping rate for individual wells
            r=xc/wellno/2
            tr=transmissivity(k,b)
            u=ufunct(r,s,tr,t)
            w=exp1(u)
            qp=qpump(w,tr,ddu)

            #Tests for adequate aquifer thickness
            dd0=theis(qp, tr, r0, s, t)
            maxdd=ddratio*b
            if dd0<=maxdd:
                test1=False

            #Tests for maximum iteration limit
            elif count3>maxit:
                test1=False
                exiter+=1
                #print (dd0)

            #Adds five wells and repeats if drawdown exceeds aquifer thickness
            else:
                wellno += 5
                print (dd0)
            count3 += 1
        print (exiter)

        #Calculates total flow rate for well system
        qtotal=wellno*qp*(1.+mos/100.)

        #Counts facilies that require more wells than the initial tabulated values
        if count3 > 1:
            exwellcount += 1

        #Inputs calculated values into dataframe
        pddata.iloc[count,35]=tr
        pddata.iloc[count,36]=wellno
        pddata.iloc[count,37]=r
        pddata.iloc[count,38]=u
        pddata.iloc[count,39]=w
        pddata.iloc[count,40]=qp
        pddata.iloc[count,41]=qtotal
        pddata.iloc[count,42]=dd0
        pddata.iloc[count,43]=count3
    count+=1
    #print(pddata.iloc[count,40])

#Produces Summary Statistics
pumpdata=pddata.iloc[:,40:42]
statarr=pddata["Total Groundwater Pumping Rate (gpm)"]
vallist=[]
vallistadj=[]

countstat=0

#Removes "nan" values
for i in statarr:
    tst=np.isnan(i)
    if tst==False:
        vallist.append(i)
        if pumpdata.iloc[countstat,0] >= minpump:
            vallistadj.append(i)
    countstat += 1

#Summary stats (Smaller flows included)
sumstat.iloc[0,1]=len(vallist)
sumstat.iloc[1,1]=0
sumstat.iloc[2,1]=np.mean(vallist)
sumstat.iloc[3,1]=np.std(vallist)
sumstat.iloc[4,1]=np.min(vallist)
sumstat.iloc[5,1]=np.percentile(vallist,10)
sumstat.iloc[6,1]=np.percentile(vallist,25)
sumstat.iloc[7,1]=np.percentile(vallist,50)
sumstat.iloc[8,1]=np.percentile(vallist,75)
sumstat.iloc[9,1]=np.percentile(vallist,90)
sumstat.iloc[10,1]=np.max(vallist)
sumstat.iloc[11,1]=exwellcount

#Summary stats (Minimum flow rate per pump appied)
sumstat.iloc[0,2]=len(vallistadj)
sumstat.iloc[1,2]=minpump
sumstat.iloc[2,2]=np.mean(vallistadj)
sumstat.iloc[3,2]=np.std(vallistadj)
sumstat.iloc[4,2]=np.min(vallistadj)
sumstat.iloc[5,2]=np.percentile(vallistadj,10)
sumstat.iloc[6,2]=np.percentile(vallistadj,25)
sumstat.iloc[7,2]=np.percentile(vallistadj,50)
sumstat.iloc[8,2]=np.percentile(vallistadj,75)
sumstat.iloc[9,2]=np.percentile(vallistadj,90)
sumstat.iloc[10,2]=np.max(vallistadj)
sumstat.iloc[11,2]=exwellcount

print(vallist)
#Exports Dataframe to spreadsheet
with pd.ExcelWriter('Leachate Output.xlsx') as writer:
    pddata.to_excel(writer, sheet_name='Output Data', header=True, index=False)
    sumstat.to_excel(writer, sheet_name='Summary Statistics', header=True, index=False)

print (pddata)
print("Data Exported")

#End of landfill leachate script

# -*- coding: utf-8 -*-
"""
Code for Impoundments

This Python script calculates pumping volume estimates for potential impoundment leachate pumping systems from data facility specific data and input parameter from the SE10412_Impoundment Leachate Analysis_Calculations.xlsx spreadsheet.

The SE10412_Impoundment Leachate Analysis_Calculations.xlsx spreadsheat must be saved in the same folder as this script for the code to successfully run.

Created on Mon Sep 19 21:17:57 2022

@author: Andrew Rimelman, PG Environmental
"""

import pandas as pd
import numpy as np
from scipy.special import exp1

#Calculates aquifer transmissibility
def transmissivity (k,b):
    trans=k*b
    return trans

#Calculates of the dimensionless parameter u
def ufunct(r,s,trans,time):
    u=1.87*r**2*s/(trans*time)
    return u

#Calculates pumping required to reach a drawdown of at a radius r and time t
def qpump(w,T,s):
    Q=s*T/(114.6*w)
    return Q

#Calculates drawndown using Theis Equation
def theis (q, T, r0, S, t):
    u0=ufunct(r0, S, T, t)
    w0=exp1(u0)
    dd=114.6*q/T*w0
    return dd

#Impots and cleans up data from the Leachate Facilities Spreadsheet. Combines individual pond and pond groupins data
indata=pd.read_excel(SE10412_Impoundment Leachate Analysis_Calculations.xlsx, "Facilities", header=2)
pdpdata=indata.iloc[:508,1:]
infacdata=pd.read_excel(SE10412_Impoundment Leachate Analysis_Calculations.xlsx, "Pond Group Entries", header=2)
pdfacdata=infacdata.iloc[:,1:]
combdata=[pdpdata, pdfacdata]
pddata=pd.concat(combdata, ignore_index=True)
data=pddata.to_numpy()
inputs=pd.read_excel(SE10412_Impoundment Leachate Analysis_Calculations.xlsx, "Theis Equation Inputs", header=1)
inputs=inputs.iloc[:,1:]
wellnotab=pd.read_excel(SE10412_Impoundment Leachate Analysis_Calculations.xlsx, "Well Number Buckets", header=1)
wellnotab=wellnotab.iloc[:,1:]
sumstat=pd.read_excel(SE10412_Impoundment Leachate Analysis_Calculations.xlsx, "Summary Statistics", header=1)
sumstat=sumstat.iloc[:,1:]

#Assigns variables to Equation inputs
s=float(inputs.iloc[0,1])
mos=float(inputs.iloc[1,1])
t=float(inputs.iloc[2,1])
dd=float(inputs.iloc[3,1])
r0=float(inputs.iloc[4,1])
ddratio=float(inputs.iloc[5,1])
maxit=float(inputs.iloc[6,1])
minpump=float(inputs.iloc[7,1])
jc=inputs.iloc[14,1]

#For loop variables
count=0
exiter=0
speccount=0
exwellcount=0
quaderrorcount=0
#wellno=5.

#Loops through all landfills and calculates pumping requirements at all unlined facilities that are marked "Y" in the test column.
for i in data[:,0]:
    if data[count,31]=="Y":
        #Facility Specific parameters
        k=float(data[count,33])
        b=float(data[count,19])
        xc=float(data[count,22])

        #Applies Jacobs correction to drawndown if enabled
        if jc == "Y":
            ddc1=(-1.+(1.**2.-4./(2.*b)*dd)**(1./2.))/(-1./b)
            ddc2=(-1.-(1.**2.-4./(2.*b)*dd)**(1./2.))/(-1./b)
            if abs(ddc1-dd) < abs(ddc2-dd):
                if ddc1 >= 0.:
                    ddu=ddc1
                else:
                    ddu=dd
                    quaderrorcount += 1

            if abs(ddc1-dd) >= abs(ddc2-dd):
                if ddc2 >= 0.:
                    ddu=ddc2
                else:
                    ddu=dd
                    quaderrorcount += 1
            print (ddu)
        #While loop variables
        count3=0
        test1=True
        if jc !="Y":
            ddu=dd
            quaderrorcount += 1
        #Verifies whether drawdown at the well is sufficiently less than the aquifer thickness and add wells accordingly.
        while test1 == True:
            #Sets number of wells for first iteration
            if count3==0:
                counttwo=0
                for j in wellnotab.iloc[:,0]:
                    if xc > j and xc <= wellnotab.iloc[counttwo,1]:
                        wellno= wellnotab.iloc[counttwo,2]
                        break
                    counttwo += 1
            #Calculates pumping rate for individual wells
            r=xc/wellno/2
            tr=transmissivity(k,b)
            u=ufunct(r,s,tr,t)
            w=exp1(u)
            qp=qpump(w,tr,ddu)

            #Tests for adequate aquifer thickness
            dd0=theis(qp, tr, r0, s, t)
            maxdd=ddratio*b
            if dd0<=maxdd:
                test1=False

            #Tests for maximum iteration limit
            elif count3>maxit:
                test1=False
                exiter+=1
                print (dd0)

            #Adds five wells and repeats if drawdown exceeds thickness
            else:
                wellno += 5
                print (dd0)
            count3 += 1
        print (exiter)

        #Calculates total flow rate for well system
        qtotal=wellno*qp*(1.+mos/100.)

        #Counts facilies that require more wells than the initial tabulated values
        if count3 > 1:
            exwellcount += 1

        #Inputs calculated values into dataframe
        pddata.iloc[count,34]=tr
        pddata.iloc[count,35]=wellno
        pddata.iloc[count,36]=r
        pddata.iloc[count,37]=u
        pddata.iloc[count,38]=w
        pddata.iloc[count,39]=qp
        pddata.iloc[count,40]=qtotal
        pddata.iloc[count,41]=dd0
        pddata.iloc[count,42]=count3
    count+=1
    #print(pddata.iloc[count,40])

#Produces Summary Statistics
pumpdata=pddata.iloc[:,39:41]
statarr=pddata["Total Groundwater Pumping Rate (gpm)"]
vallist=[]
vallistadj=[]

countstat=0

#Removes "nan" values
for i in statarr:
    tst=np.isnan(i)
    if tst==False:
        vallist.append(i)
        if pumpdata.iloc[countstat,0] >= minpump:
            vallistadj.append(i)
    countstat += 1

#Summary stats (Smaller flows included)
sumstat.iloc[0,1]=len(vallist)
sumstat.iloc[1,1]=0
sumstat.iloc[2,1]=np.mean(vallist)
sumstat.iloc[3,1]=np.std(vallist)
sumstat.iloc[4,1]=np.min(vallist)
sumstat.iloc[5,1]=np.percentile(vallist,10)
sumstat.iloc[6,1]=np.percentile(vallist,25)
sumstat.iloc[7,1]=np.percentile(vallist,50)
sumstat.iloc[8,1]=np.percentile(vallist,75)
sumstat.iloc[9,1]=np.percentile(vallist,90)
sumstat.iloc[10,1]=np.max(vallist)
sumstat.iloc[11,1]=exwellcount

#Summary stats (Minimum flow rate per pump appied)
sumstat.iloc[0,2]=len(vallistadj)
sumstat.iloc[1,2]=minpump
sumstat.iloc[2,2]=np.mean(vallistadj)
sumstat.iloc[3,2]=np.std(vallistadj)
sumstat.iloc[4,2]=np.min(vallistadj)
sumstat.iloc[5,2]=np.percentile(vallistadj,10)
sumstat.iloc[6,2]=np.percentile(vallistadj,25)
sumstat.iloc[7,2]=np.percentile(vallistadj,50)
sumstat.iloc[8,2]=np.percentile(vallistadj,75)
sumstat.iloc[9,2]=np.percentile(vallistadj,90)
sumstat.iloc[10,2]=np.max(vallistadj)
sumstat.iloc[11,2]=exwellcount

print(vallist)

#Produces Summary Dataframe

sumdatahead=["ID", "State","EIA Plant Code", "Plant Name", "Unit Name","Clean Closed or Composite Lined?","Pond Group Number", "Pumping Rate Calculated","Number of Wells","Groundwater Pumping Rate (gpm) per Well","Total Groundwater Pumping Rate (gpm)"]
sumdata=pddata[sumdatahead].to_numpy()
sumdataout=np.array([sumdatahead])
countsum=0
for i in sumdata[:,6]:
   if sumdata[countsum, 6] == "N":
       newrow=sumdata[countsum,:]
       sumdataout=np.vstack((sumdataout,newrow))
   countsum += 1

countsum2=0
for j in sumdata[:,0]:
    if type(j)==str:
        newrow=sumdata[countsum2,:]
        sumdataout=np.vstack((sumdataout,newrow))
    countsum2 += 1

sumout = pd.DataFrame(sumdataout, columns=sumdatahead)

#Exports Dataframe to spreadsheet
with pd.ExcelWriter('Leachate Output_Impoundments.xlsx') as writer:
    pddata.to_excel(writer, sheet_name='Output Data', header=True, index=False)
    sumstat.to_excel(writer, sheet_name='Summary Statistics', header=True, index=False)
    sumout.to_excel(writer, sheet_name='Summary Sheet', header=True, index=False)

print (pddata)
print("Data Exported")

#End of impoundment leachate script.


[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Proposed Rules]
[Pages 34285-34287]
[FR Doc No: 2016-12522]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6894; Directorate Identifier 2015-NM-120-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A300 F4-600R series airplanes. This proposed AD
was prompted by a report of two adjacent frame forks that were found
cracked on the aft lower deck cargo door (LDCD) of two Model A300-600F4
airplanes during scheduled maintenance. This proposed AD would require
repetitive high frequency eddy current (HFEC) inspections of the aft
LDCD frame forks; a one-time check of the LDCD clearances; and a one-
time detailed visual inspection of hooks, eccentric bushes, and x-
stops; and corrective actions if necessary. We are proposing this AD to
detect and correct cracked or ruptured aft LDCD frames, which could
allow loads to be transferred to the remaining structural elements.
This condition could lead to the rupture of one or more vertical aft
LDCD frames, which could result in reduced structural integrity of the
aft LDCD.

DATES: We must receive comments on this proposed AD by July 15, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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-2016-
6894; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6894;
Directorate Identifier 2015-NM-120-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0152, dated July 24, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
F4-605R and A300 F4-622R. The MCAI states:

    During scheduled maintenance at frames (FR) 61 and FR61A on the
aft lower deck cargo door (LDCD) of two A300-600F4 aeroplanes, two
adjacent frame forks were found cracked.
    Subsequent analysis determined that, in case of cracked or
ruptured aft cargo door frame(s), loads will be transferred to the
remaining structural elements. However, these secondary load paths
will be able to sustain the loads for a limited number of flight
cycles only.
    This condition, if not detected and corrected, could lead to the
rupture of one or more vertical aft cargo door frame(s), resulting
in reduced structural integrity of the aft cargo door.
    To address this unsafe condition, Airbus issued Alert Operators
Transmission (AOT) A52W011-15 to provide inspection instructions.
    For the reason described above, this [EASA] AD requires
repetitive inspections [for cracking] of the aft LDCD frame forks
and, depending on findings, the accomplishment of corrective
action(s).
    This [EASA] AD is considered interim action and further [EASA]
AD action may follow.

    Required actions include a one-time check of the LDCD clearances;
and a one-time detailed visual inspection of hooks, eccentric bushes,
x-stops; and corrective actions if necessary. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6894.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A52W011-15,
Revision 00, dated July 23, 2015. The service information describes
procedures for repetitive HFEC inspections for cracking of the aft LDCD
frame forks; a one-time check of the LDCD clearances; and a one-time
detailed visual inspection of hooks, eccentric bushes, and x-stops; and
corrective actions if necessary. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 58 airplanes of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $19,720, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 15 work-hours and require parts costing $10,000, for a cost
of $11,275 per product. We have no way of determining the number of
aircraft that might need these actions.
    Also, we estimate that the reporting requirement would take about 1
work-hour, for a cost of $85 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to the FAA at 800 Independence Ave. SW., Washington, DC
20591, ATTN: Information Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

Airbus: Docket No. FAA-2016-6894; Directorate Identifier 2015-NM-
120-AD.

(a) Comments Due Date

    We must receive comments by July 15, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 F4-605R and A300 F4-622R
airplanes, certificated in any category, on which Airbus
Modification 12046 has been embodied in production. Modification
12046 has been embodied in production on manufacturer serial numbers
(MSNs) 0805 and above, except MSNs 0836, 0837, and 0838.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report of two adjacent frame forks
that were found cracked on the aft lower deck cargo door (LDCD) of
two Model A300-600F4 airplanes during scheduled maintenance. We are
issuing this AD to detect and correct cracked or ruptured aft LDCD
frames, which could allow loads to be transferred to the remaining
structural elements. This condition could lead to the rupture of one
or more vertical aft LDCD frames, which could result in reduced
structural integrity of the aft LDCD.

(f) Compliance

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

(g) Inspection Requirements

    At the applicable time specified in paragraph (h) of this AD, do
the actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of
this AD, in accordance with Airbus Alert Operators Transmission
(AOT) A52W011-15, Revision 00, dated July 23, 2015.
    (1) Do a one-time check of the aft LDCD clearances ``U'' and
``V'' between the latching

hooks and the eccentric bush at FR60 through FR64A. If any value
outside tolerance is found, adjust the latching hook before further
flight.
    (2) Do a one-time detailed inspection to detect signs of wear of
the hooks, eccentric bushes, and x-stops. If any wear is found, do
all applicable corrective actions before further flight.
    (3) Do a high frequency eddy current (HFEC) inspection to detect
cracking at all frame fork stations of the aft LDCD. If any crack is
found, replace the cracked frame fork before further flight. Repeat
the HFEC inspection thereafter at intervals not to exceed 600 flight
cycles.

(h) Compliance Times

    At the later of the times specified in paragraphs (h)(1) and
(h)(2) of this AD, do the actions required by paragraph (g) of this
AD.
    (1) Before the accumulation of 4,500 total flight cycles.
    (2) At the applicable time specified by paragraph (h)(2)(i) or
(h)(2)(ii) of this AD.
    (i) For airplanes that have accumulated 8,000 or more total
flight cycles as of the effective date this AD: Within 100 flight
cycles after the effective date of this AD.
    (ii) For airplanes that have accumulated fewer than 8,000 total
flight cycles as of the effective date of this AD: Within 400 flight
cycles after the effective date of this AD.

(i) Reporting

    At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD, report the findings (both positive and negative) of the
clearance check and detailed inspection required by paragraphs
(g)(1) and (g)(2) of this AD, and each HFEC inspection required by
paragraph (g)(3) of this AD. Send the report to Airbus in accordance
with paragraph 7 of Airbus AOT A52W011-15, Revision 00, dated July
23, 2015. The report must include the applicable information
specified in Appendix 2 of Airbus AOT A52W011-15, Revision 00, dated
July 23, 2015.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 60 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 60 days after the effective date of
this AD.

(j) Post-Repair Provisions

    (1) Accomplishment of corrective actions required by this AD
does not terminate the repetitive HFEC inspections required by
paragraph (g)(3) of this AD.
    (2) If all frame forks are replaced at the same time on the aft
LDCD of an airplane, the next HFEC inspection required by paragraph
(g)(3) of this AD can be deferred up to 4,500 flight cycles after
the frame fork replacement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Airworthiness Directive 2015-0152, dated July 24,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6894.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 18, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12522 Filed 5-27-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Pages 37078-37079]
[FR Doc No: 2012-14948]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 10f-3; SEC File No. 270-237; OMB Control No. 3235-0226.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collections
of information discussed below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Section 10(f) of the Investment Company Act of 1940 (the ``Act'')
prohibits a registered investment company (``fund'') from purchasing
any security during an underwriting or selling syndicate if the fund
has certain relationships with a principal underwriter for the
security.\1\ Congress enacted this provision in 1940 to protect funds
and their shareholders by preventing underwriters from ``dumping''
unmarketable securities on affiliated funds.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 80a-10(f).
---------------------------------------------------------------------------

    Rule 10f-3 permits a fund to engage in a securities transaction
that otherwise would violate Section 10(f) if, among other things: (i)
Each transaction effected under the rule is reported on Form N-SAR;
(ii) the fund's directors have approved procedures for purchases made
in reliance on the rule, regularly review fund purchases to determine
whether they comply with these procedures, and approve necessary
changes to the procedures; and (iii) a written record of each
transaction effected under the rule is maintained for six years, the
first two of which in an easily accessible place.\2\ The written record
must state: (i) From whom the securities were acquired; (ii) the
identity of the underwriting syndicate's members; (iii) the terms of
the transactions; and (iv) the information or materials on which the
fund's board of directors has determined that the purchases were made
in compliance with procedures established by the board.
---------------------------------------------------------------------------

    \2\ 17 CFR 270.10f-3.
---------------------------------------------------------------------------

    Rule 10f-3 also conditionally allows managed portions of fund
portfolios to purchase securities offered in otherwise off-limits
primary offerings. To qualify for this exemption, rule 10f-3 requires
that the subadviser that is advising the purchaser be contractually
prohibited from providing investment advice to any other portion of the
fund's portfolio and consulting with any other of the fund's advisers
that is a principal underwriter or affiliated person of a principal
underwriter concerning the fund's securities transactions.
    These requirements provide a mechanism for fund boards to oversee
compliance with the rule. The required recordkeeping facilitates the

Commission staff's review of rule 10f-3 transactions during routine
fund inspections and, when necessary, in connection with enforcement
actions.
    The staff estimates that approximately 300 funds engage in a total
of approximately 3,700 rule 10f-3 transactions each year.\3\ Rule 10f-3
requires that the purchasing fund create a written record of each
transaction that includes, among other things, from whom the securities
were purchased and the terms of the transaction. The staff estimates
\4\ that it takes an average fund approximately 30 minutes per
transaction and approximately 1,850 hours \5\ in the aggregate to
comply with this portion of the rule.
---------------------------------------------------------------------------

    \3\ These estimates are based on staff extrapolations from
filings with the Commission.
    \4\ Unless stated otherwise, the information collection burden
estimates are based on conversations between the staff and
representatives of funds.
    \5\ This estimate is based on the following calculation: (0.5
hours x 3,700 = 1,850 hours).
---------------------------------------------------------------------------

    The funds also must maintain and preserve these transactional
records in accordance with the rule's recordkeeping requirement, and
the staff estimates that it takes a fund approximately 20 minutes per
transaction and that annually, in the aggregate, funds spend
approximately 1,233 hours \6\ to comply with this portion of the rule.
---------------------------------------------------------------------------

    \6\ This estimate is based on the following calculations: (20
minutes x 3,700 transactions = 74,000 minutes; 74,000 minutes/60 =
1,233 hours).
---------------------------------------------------------------------------

    In addition, fund boards must, no less than quarterly, examine each
of these transactions to ensure that they comply with the fund's
policies and procedures. The information or materials upon which the
board relied to come to this determination also must be maintained and
the staff estimates that it takes a fund 1 hour per quarter and, in the
aggregate, approximately 1,200 hours\7\ annually to comply with this
rule requirement.
---------------------------------------------------------------------------

    \7\ This estimate is based on the following calculation: (1 hour
per quarter x 4 quarters x 300 funds = 1,200 hours).
---------------------------------------------------------------------------

    The staff estimates that reviewing and revising as needed written
procedures for rule 10f-3 transactions takes, on average for each fund,
two hours of a compliance attorney's time per year.\8\ Thus, annually,
in the aggregate, the staff estimates that funds spend a total of
approximately 600 hours \9\ on monitoring and revising rule 10f-3
procedures.
---------------------------------------------------------------------------

    \8\ These averages take into account the fact that in most
years, fund attorneys and boards spend little or no time modifying
procedures and in other years, they spend significant time doing so.
    \9\ This estimate is based on the following calculation: (300
funds x 2 hours = 600 hours).
---------------------------------------------------------------------------

    Based on an analysis of fund filings, the staff estimates that
approximately 775 fund portfolios enter into subadvisory agreements
each year.\10\ Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours to
draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 10f-3. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 12d3-1, 17a-10, and 17e-1, and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3 hour time burden equally to all four rules. Therefore,
we estimate that the burden allocated to rule 10f-3 for this contract
change would be 0.75 hours.\11\ Assuming that all 775 funds that enter
into new subadvisory contracts each year make the modification to their
contract required by the rule, we estimate that the rule's contract
modification requirement will result in 581 burden hours annually.\12\
---------------------------------------------------------------------------

    \10\ Based on information in Commission filings, we estimate
that 44.4 percent of funds are advised by subadvisers.
    \11\ This estimate is based on the following calculation (3
hours / 4 rules = .75 hours).
    \12\ These estimates are based on the following calculations:
(0.75 hours x 775 portfolios = 581 burden hours).
---------------------------------------------------------------------------

    The staff estimates, therefore, that rule 10f-3 imposes an
information collection burden of 5,665 hours.\13\ This estimate does
not include the time spent filing transaction reports on Form N-SAR,
which is encompassed in the information collection burden estimate for
that form.
---------------------------------------------------------------------------

    \13\ This estimate is based on the following calculation: (1,850
hours + 1,233 hours + 1,200 hours + 600 hours + 581 hours + 201
hours = 5,665 total burden hours).
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
email to<EMAIL_ADDRESS>
    Dated: June 14, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14948 Filed 6-19-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48685-48688]
[FR Doc No: 2014-19404]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0329]
RIN 1625-AA00

Safety Zones; Marine Events in Captain of the Port Long Island
Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary safety zones
for two fireworks events and one swim event within the Captain of the
Port Long Island Sound Zone. This action is necessary to provide for
the safety of life on navigable waters during these events. Entering
into, transiting through, remaining, anchoring or mooring within these
regulated areas would be prohibited unless authorized by the Captain of
the Port Sector Long Island Sound.

DATES: This rule is effective without actual notice from August 18,
2014 until August 30, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, July 31, 2014,
until August 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0329]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    There are three separate marine events addressed by this temporary
regulation. On May 29, 2014 the Coast Guard published a NPRM entitled
``Safety Zones; Marine Events in Captain of the Port Long Island Zone''
in the Federal Register (79 FR 30783). No public comments were received
on the proposed rule. No public meeting was requested and none was
held.
    The Village of Saltaire fireworks display and the Riverhead Rocks
Triathlon were both held the previous year and had separate safety
zones established by a temporary final rule entitled ``Special Local
Regulations and Safety Zones; Marine Events in Captain of the Port Long
Island Sound Zone.'' This rulemaking was published on July 10, 2013 in
the Federal Register (78 FR 41300). The Baker Family Celebration
fireworks display is a first time event with no other regulatory
history.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the NPRM
associated with the Freeport Chamber of Commerce Fireworks Display
expired on June 30, 2014. The first event covered by this regulation
occurred on August 2, 2014. Thus, there was insufficient time for a 30
day effective period before the need to enforce the earliest of three
safety zones established by this rule on August 2, 2014.
    Delaying the enforcement of this rule to allow a 30 day effective
period will be impractical and contrary to the public interest because
it would inhibit the Coast Guard's ability to fulfill its mission to
keep the ports and waterways safe.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
    This temporary rule is necessary to promote the safety of life on
navigable waterways within the COTP Long Island Sound Zone during these
events.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received and there has been one change made to the
final rule as a result of the sponsor for the Brookhaven Memorial
Hospital Fireworks cancelling their event. The proposed safety zone
associated with their event is no longer necessary and has been removed
from the final rule.
    The Coast Guard is establishing three safety zones for two
fireworks displays and one swim event to provide for the safety of life
on navigable waters during these events. This rule will be effective
from 8:30 p.m. on August 2, 2014 to 10:30 p.m. on August 30, 2014.
    The events covered by this regulation will be enforced on the
respective dates, times, and locations listed in the table below. If
any of the events are cancelled due to inclement weather, then this
regulation will be enforced on rain dates listed in the table below.

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

------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........   Date: August 2, 2014.
                                          Rain Date: August 30,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]38'37.72'' N,
                                          073[deg]11'58.52'' W (NAD 83).
2 Baker Family Celebration Fireworks...   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.

                                          Location: All waters
                                          of Flanders Bay near
                                          Jamesport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]55'51.84'' N,
                                          072[deg]35'07.92'' W (NAD 83).
------------------------------------------------------------------------
                               Swim Event
------------------------------------------------------------------------
3 Riverhead Rocks Triathlon............   Date: August 3, 2014
                                          Time: 6:20 a.m. to
                                          8:30 p.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N,
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N,
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N,
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N,
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------

    This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
    Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners and Broadcast
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rule is not a significant
regulatory action because the regulated areas will be of limited
duration and cover only a small portion of the navigable waterways.
Furthermore, vessels may transit the navigable waterways outside of the
regulated areas. Vessels requiring entry into the regulated areas may
be authorized to do so by the COTP or designated representative.
    Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit, anchor or moor within the regulated areas during the periods
of enforcement from August 2, 2014, to August 30, 2014.
    This temporary rule will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
regulated areas are of short duration, vessels that can safely do so
may navigate in all other portions of the waterways except for the
areas designated as regulated areas, and vessels requiring entry into
the regulated areas may be authorized to do so by the COTP Sector Long
Island Sound or designated representative. Additionally, before the
effective period, public notifications will be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners as well as Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to

coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of three safety
zones. This rule may be categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec.  165.T01-03291 to read as follows:

Sec.  165.T01-03291  Safety Zones; Marine Events in Captain of the Port
Long Island Sound Zone.

    (a) Regulations. The general regulations contained in Sec.  165.23
as well as the following regulations apply to the events listed in the
TABLE 1 of this section. These regulations will be enforced for the
duration of each event.
    (b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in TABLE 1 of this section. If the event is
delayed by inclement weather, the regulations will be enforced on the
rain date indicated in TABLE 1 of this section.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Spectators. Spectators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 or by telephone at<PHONE_NUMBER> to
obtain permission to do so. Spectators given permission to enter or
operate in the regulated area must comply with all directions given to
them by the COTP Sector Long Island Sound or the designated on-scene
representative.
    (e) Enforcement. Upon being hailed by an official patrol vessel or
the designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (f) Locations. The regulated area for all fireworks displays listed
in the TABLE 1 of this section is that area of navigable waters within
a 600 foot radius of the launch platform for each fireworks display.
Fireworks barges used in these locations will also have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.
    (g) Separation. For the swim event listed in TABLE 1 of this
section, vessels not associated with the event shall maintain a
separation of at least 100 yards from the participants.

                     TABLE 1 to Sec.   165.T01-0329
------------------------------------------------------------------------

------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........   Date: August 2, 2014.
                                          Rain Date: August 30,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position 40[deg]
                                          38'37.72'' N,
                                          073[deg]11'58.52'' W (NAD 83).
2 Baker Family Celebration Fireworks...   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Flanders Bay near
                                          Jamesport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]55'51.84'' N,
                                          072[deg]35'07.92'' W (NAD 83).
                               Swim Event
------------------------------------------------------------------------
3 Riverhead Rocks Triathlon............   Date: August 3, 2014
                                          Time: 6:20 a.m. to
                                          8:30 a.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------

    Dated: July 31, 2014.
E.J. Cubanski, III
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-19404 Filed 8-15-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27842-27845]
[FR Doc No: 2012-11462]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0107]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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

SUMMARY: FMCSA announces receipt of applications from 23 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 11, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0107using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may 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 23 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 the
statutes.

Qualifications of Applicants

Christopher M. Anderson

    Mr. Anderson, age 37, has had ITDM since 1996. His endocrinologist
examined him in 2011 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. Anderson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Anderson meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Arkansas.

Matthew R. Bagwell

    Mr. Bagwell, 21, has had ITDM since 1995. His endocrinologist
examined him in 2011 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. Bagwell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bagwell meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from New York.

Gary L. Bradburn

    Mr. Bradburn, 56, has had ITDM since 2002. His endocrinologist
examined him in 2012 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. Bradburn understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bradburn meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Virginia.

Eric J. Bright

    Mr. Bright, 31, has had ITDM since 1998. His endocrinologist
examined him in 2012 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. Bright understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bright meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Illinois.

Jeffrey M. Burgess

    Mr. Burgess, 36, has had ITDM since 1988. His endocrinologist
examined him in 2012 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. Burgess understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Burgess meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Montana.

Roberto Castaneda

    Mr. Castaneda, 62, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Castaneda understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Castaneda meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from California.

Kyle D. Dale

    Mr. Dale, 36, has had ITDM since 1994. His endocrinologist examined
him in 2011 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. Dale understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Dale meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and
certified that he does not have diabetic retinopathy. He holds a Class
F operator's license from Missouri.

Frank Glenn

    Mr. Glenn, 70, has had ITDM since 1978. His endocrinologist
examined him in 2011 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. Glenn understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Glenn meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Illinois.

Timothy T. Goggleye

    Mr. Goggleye, 43, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Goggleye understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Goggleye meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Minnesota.

Jose D. Gonzalez

    Mr. Gonzalez, 45, has had ITDM since 2000. His endocrinologist
examined him in 2012 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. Gonzalez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gonzalez meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have

diabetic retinopathy. He holds a Class C operator's license from
California.

Patrick J. Hempel

    Mr. Hempel, 50, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Hempel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hempel meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Tennessee.

Matthew M. Horgan

    Mr. Horgan, 28, has had ITDM since 1995. His endocrinologist
examined him in 2012 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. Horgan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Horgan meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class E operator's license from Missouri.

Mark C. Lucy

    Mr. Lucy, 66, has had ITDM since 1986. His endocrinologist examined
him in 2011 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. Lucy understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Lucy meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and
certified that he does not have diabetic retinopathy. He holds a Class
D operator's license from Iowa.

Richard M. McMahon

    Mr. McMahon, 50, has had ITDM since 2007. His endocrinologist
examined him in 2012 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. McMahon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McMahon meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Georgia.

Kevin N. Mitchell

    Mr. Mitchell, 32, has had ITDM since 1996. His endocrinologist
examined him in 2012 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. Mitchell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mitchell meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class C operator's license from Georgia.

Christopher J. Parr

    Mr. Parr, 29, has had ITDM since 2007. His endocrinologist examined
him in 2011 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. Parr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Parr meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from Indiana.

Gerald Perkins

    Mr. Perkins, 41, has had ITDM since 2000. His endocrinologist
examined him in 2011 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. Perkins understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Perkins meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class C operator's license from California.

Donald L. Philpott

    Mr. Philpott, 72, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Philpott understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Philpott meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Washington.

John Randolph

    Mr. Randolph, 44, has had ITDM since 1979. His endocrinologist
examined him in 2011 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. Randolph understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Randolph meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist

examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Oklahoma.

Courtney R. Schiebout

    Mr. Schriebout, 60, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Schiebout understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schiebout meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Iowa.

Barry L. Schwab

    Mr. Schwab, 49, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Schwab understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schwab meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class C chauffeur license from Michigan.

Charles L. Spencer

    Mr. Spencer, 47, has had ITDM since 2011. His endocrinologist
examined him in 2011 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. Spencer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Spencer meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from New York.

Curtis W. Stanley

    Mr. Stanley, 58, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Stanley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stanley meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Nebraska.

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 USC. 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.

    Issued on: April 30, 2012.
Larry W. Minor,
Associate Administrative for Policy.
[FR Doc. 2012-11462 Filed 5-10-12; 8:45 am]
BILLING CODE 4910-EX-P