[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]
[Page 59788-59792]
[DOCID:fr28se10-132]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2010-0288]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 32 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 October 28, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0288 using any of the
following methods:
     Federal Rulemaking Portal: Go to http://
www.regulations.gov. Follow the online 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 online.
    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: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
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 32 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

Shale W. Anderson

    Mr. Anderson, 37, has had ITDM since 2008. His endocrinologist
examined him in 2010 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;
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 requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Florida.

Charles L. Arnburg

    Mr. Anrburg, age 70, has had ITDM since 2007. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Arnburg meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class B Commercial Driver's License (CDL) from Iowa.

Ronald D. Ayers

    Mr. Ayers, 54, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Ayers meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class B CDL from West
Virginia.

Keith F. Blessing

    Mr. Blessing, 30, has had ITDM since 1988. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Blessing meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class D operator's license from New Jersey.

Ronald A. Boyle

    Mr. Boyle, 54, has had ITDM since 2002. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Boyle meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class D
operator's license from Arizona.

Garrett D. Couch

    Mr. Couch, 35, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Couch meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class C chauffeur's
license from Michigan.

Stanley P. Eickhoff

    Mr. Eickhoff, 56, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Eickhoff meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Indiana.

Peter B. Galvin

    Mr. Galvin, 40, has had ITDM since 1981. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Galvin meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class R operator's license from Colorado which allows him to

drive any motor vehicle with a gross weight of less than 26,001 pounds.

Mark W. Garver

    Mr. Garver, 42, has had ITDM since 1995. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Garver meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL license
from Minnesota.

Richard S. Jackson

    Mr. Jackson, 59, has had ITDM since 2005. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Jackson meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class C operator's license from Georgia.

Alfred K. Kataoka

    Mr. Kataoka, 63, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Kataoka meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Iowa.

Donald S. Keller

    Mr. Keller, 61, has had ITDM since 2006. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Keller meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL
license from Michigan.

Edwin I. Longstreth

    Mr. Longstreth, 66, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Longstreth meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class B CDL from
Iowa.

Jason M. Luper

    Mr. Luper, 39, has had ITDM since 1982. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Luper meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL license
from Missouri.

Craig S. Lynn

    Mr. Lynn, 41, has had ITDM since 1970. His endocrinologist examined
him in 2010 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; understands
diabetes management and monitoring; has stable control of his diabetes
using insulin; and is able to drive a CMV safely. Mr. Lynn meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from New
Mexico.

George M. Michael, Jr.

    Mr. Michael, 66, has had ITDM since 2008. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Michael meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Mississippi.

Thomas J. Millard

    Mr. Millard, 30, has had ITDM since 1986. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Millard meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class C
operator's license from Georgia.

Travis F. Moon

    Mr. Moon, 39, has had ITDM since 1987. His endocrinologist examined
him in 2010 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; understands
diabetes management and monitoring; has stable control of his diabetes
using insulin; and is able to drive a CMV safely. Mr. Moon meets the
requirements of the vision standard at 49 CFR 391.41(b) (10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL license from Georgia.

Kenneth M. Pachniak

    Mr. Pachniak, 58, has had ITDM since 2003. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Pachniak meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class C chauffeur's
license from Michigan.

Robert M. Pardoe

    Mr. Pardoe, 50, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Pardoe meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class C operator's
license from Pennsylvania.

James A. Patchett

    Mr. Patchett, 62, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Patchett meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Washington.

Joseph D. Pfandner

    Mr. Pfandner, 66, has had ITDM since 1996. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Pfandner meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Illinois.

Harold L. Phillips

    Mr. Phillips, 55, has had ITDM since 2001. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Phillips meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class D operator's license from Oklahoma.

William Rhoten, Jr.

    Mr. Rhoten, 44, has had ITDM since 1982. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Rhoten meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Ohio.

Heath A. Senkel

    Mr. Senkel, 35, has had ITDM since 2002. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Senkel meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Colorado.

Roland R. Unruh

    Mr. Unruh, 41, has had ITDM since 1995. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Unruh meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Kansas.

Norman J. Vantuyle, II

    Mr. Vantuyle, II, 43, has had ITDM since 2009. His endocrinologist
examined him in 2010 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; understands diabetes management and monitoring; has
stable control of his diabetes using insulin; and is able to drive a
CMV safely. Mr. Vantuyle meets the requirements of the vision standard
at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL license from Michigan.

Danny E. Vawn

    Mr. Vawn, 53, has had ITDM since 2009. His endocrinologist examined
him in 2010 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; understands
diabetes management and monitoring; has stable control of his diabetes
using insulin; and is able to drive a CMV safely. Mr. Vawn meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Iowa.

John M. Warden

    Mr. Warden, 48, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Warden meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Texas.

Donald E. Weadon

    Mr. Weadon, 55, has had ITDM since 1983. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Weadon meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A operator's license from Maryland.

Douglas W. Williams

    Mr. Williams, 49, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Williams meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Tennessee.

Thomas A. Woehrle

    Mr. Woehrle, 60, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Woehrle meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users 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.
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    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: September 21, 2010.
Larry W. Minor
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-24210 Filed 9-27-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Proposed Rules]
[Pages 53082-53084]
[FR Doc No: 2019-21618]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0614; Product Identifier 2019-NE-14-AD]
RIN 2120-AA64

Airworthiness Directives; International Aero Engines Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-11-08, which applies to all International Aero Engines, LLC (IAE)
PW1133G-JM, PW1133GA-JM, PW1130G-JM, PW1129G-JM, PW1127G-JM, PW1127GA-
JM, PW1127G1-JM, PW1124G-JM, PW1124G1-JM, and PW1122G-JM model turbofan
engines. AD 2019-11-08 requires the removal of the main gearbox (MGB)
assembly and electronic engine control (EEC) software and the
installation of a part and software version eligible for installation
for engines that operate on extended operations (ETOPS) flights. The
actions in AD 2019-11-08 were interim and only addressed engines that
operate on 180-minute or 120-minute ETOPS flights. The FAA now proposes
to supersede AD 2019-11-08 to require removal and replacement of the
MGB assembly on all affected engines, including engines that do not
operate on 180-minute or 120-minute ETOPS flights. This proposed AD
would retain all requirements of AD 2019-11-08 for ETOPS engines, and
would also require replacement of the affected MGB assembly and EEC
software at the next engine shop visit after the effective date of this
AD for engines that do not operate on ETOPS flights. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
18, 2019.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
International Aero Engines, LLC, 400 Main Street, East Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet: http://fleetcare.pw.utc.com. You may view this service information at the FAA,
Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0614; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin M. Clark, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7088; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2019-0614;
Product Identifier 2019-NE-14-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Discussion

    The FAA issued AD 2019-11-08, Amendment 39-19654 (84 FR 27511, June
13, 2019), (``AD 2019-11-08''), for all IAE PW1133G-JM, PW1133GA-JM,
PW1130G-JM, PW1129G-JM, PW1127G-JM, PW1127GA-JM, PW1127G1-JM, PW1124G-
JM, PW1124G1-JM, and PW1122G-JM model turbofan engines. AD 2019-11-08
requires the removal of the MGB assembly and EEC software and the
installation of a part and software version eligible for installation
for engines that operate on ETOPS flights. AD 2019-11-08 resulted from
multiple reports of in-flight engine shutdowns (IFSDs) as the result of
high-cycle fatigue causing fracture of certain parts of the MGB
assembly. The FAA issued AD 2019-11-08 to prevent failure of the MGB
assembly.

Actions Since AD 2019-11-08 Was Issued

    The actions in AD 2019-11-08 were interim and only addressed
engines that operate on 180-minute or 120-minute ETOPS flights. The FAA
now proposes to supersede AD 2019-11-08 to require removal and
replacement of the MGB assembly on all affected engines, including
engines that do not operate on 180-minute or 120-minute ETOPS flights.
    The FAA also determined the required actions should be revised to
update the required compliance times for engines that operate on 180-
minute ETOPS flights to ``before further flight,'' because the FAA
expects that all engines that operate on ETOPS flights have complied
with the required actions of AD 2019-11-08.

Related Service Information

    The FAA reviewed PW Service Bulletin (SB) PW1000G-C-72-00-0129-00A-
930A-D, Original Issue, dated April 18, 2019, and PW SB PW1000G-C-73-
00-0037-00A-930A-D, Original Issue, dated May 28, 2019. PW SB PW1000G-
C-72-00-0129-00A-930A-D, Original Issue, dated April 18, 2019,
describes procedures for replacing the IDG oil pump drive gearshaft
assembly in the MGB assembly. PW SB PW1000G-C-73-00-0037-00A-930A-D,
Original Issue, dated May 28, 2019, describes procedures for replacing
the EEC software to incorporate FCS 5.0 software.

FAA's Determination

    The FAA is proposing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2019-11-
08. For engines that operate on 180-minute ETOPS flights, this proposed
AD would require replacement of the affected MGB assembly before
further flight. For engines that operate on 120-minute ETOPS flights,
this proposed AD would require replacement of the affected MGB assembly
within 120 days after June 28, 2019 (the effective date of AD 2019-11-
08). This proposed AD would require replacement of the affected MGB
assembly at the next engine shop visit after the effective date of this
AD for engines that do not operate on ETOPS flights. This proposed AD
would also retain the replacement requirement of EEC software within
120 days after June 28, 2019 (the effective date of AD 2019-11-08).

Costs of Compliance

    The FAA estimates that this proposed AD affects 72 engines
installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the MGB assembly..............  13 work-hours x $85 per          $75,000         $76,105      $5,479,560
                                         hour = $1,105.
Replace the EEC software..............  3 work-hours x $85 per                 0             255          18,360
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no additional economic
burden.

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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 removing Airworthiness Directive (AD)
2019-11-08, Amendment 39-19654 (84 FR 27511, June 13, 2019), and adding
the following new AD:

International Aero Engines: Docket No. FAA-2019-0614; Product
Identifier 2019-NE-14-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by November 18,
2019.

(b) Affected ADs

    This AD replaces AD 2019-11-08, Amendment 39-19654 (84 FR 27511,
June 13, 2019).

(c) Applicability

    This AD applies to all International Aero Engines, LLC (IAE)
PW1133G-JM, PW1133GA-JM, PW1130G-JM, PW1129G-JM, PW1127G-JM,
PW1127GA-JM, PW1127G1-JM, PW1124G-JM, PW1124G1-JM, and PW1122G-JM
model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7260, Turbine Engine
Accessory Drive.

(e) Unsafe Condition

    This AD was prompted by multiple reports of in-flight engine
shutdowns as the result of high-cycle fatigue causing fracture of
certain parts of the main gearbox (MGB) assembly. The FAA is issuing
this AD to prevent failure of the MGB assembly. The unsafe
condition, if not addressed, could result in failure of one or more
engines, loss of thrust control, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Remove the MGB assembly, part number (P/N) 5322505, and
install a part eligible for installation as follows:
    (i) For engines that operate on 180-minute extended operations
(ETOPS) flights, before further flight after the effective date of
this AD;
    (ii) For engines that operate on 120-minute ETOPS flights,
within 120 days from June 28, 2019 (the effective date of AD 2019-
11-08), or before further flight after the effective date of this
AD, whichever occurs later;
    (iii) For engines that do not operate on ETOPS flights, at the
next engine shop visit after the effective date of this AD.
    (2) For engines with MGB assembly P/N 5322505, within 120 days
from June 28, 2019 (the effective date of AD 2019-11-08), or before
further flight after the effective date of this AD, whichever occurs
later, remove

electronic engine control (EEC) software earlier than FCS 5.0 from
the engine and install EEC software that is eligible for
installation.

(h) Installation Prohibition

    (1) After the effective date of this AD, do not install
integrated drive generator (IDG) oil pump drive gearshaft assembly,
P/N 5322630-01, into an MGB assembly.
    (2) After the effective date of this AD, do not load EEC
software earlier than FCS 5.0 on any engine identified in paragraph
(c) of this AD with an MGB assembly, P/N 5322505.

(i) Definitions

    (1) For the purpose of this AD, a ``part eligible for
installation'' is an MGB assembly with an IDG oil pump drive
gearshaft assembly other than P/N 5322630-01.
    (2) For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges, except that the
separation of engine flanges solely for the purposes of
transportation of the engine without subsequent engine maintenance
does not constitute an engine shop visit.
    (3) For the purpose of this AD, ``EEC software that is eligible
for installation'' is EEC software FCS 5.0 and later.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    (1) For more information about this AD, contact Kevin M. Clark,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
International Aero Engines, LLC, 400 Main Street, East Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet:
http://fleetcare.pw.utc.com. You may view this referenced service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on October 1, 2019.
Robert J. Ganley,
Manager, Engine & Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-21618 Filed 10-3-19; 8:45 am]
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