[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Proposed Rules]
[Page 66198-66200]
[DOCID:fr26oc11-15]

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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.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1092; Directorate Identifier 2011-NM-111-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model BD-700-1A10 and
BD-700-1A11 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

During a routine inspection, deformation was found at the neck of
the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA).
An investigation by the vendor * * * revealed that the deformation
was attributed to two (2) batches of raw material that did not meet
the required tensile strength. This may cause elongation of the
pressure regulator neck, which could result in rupture of the oxygen
cylinder, and in the case of cabin depressurization, oxygen not
being available when required.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 12,
2011.

ADDRESSES: You may send comments 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 proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
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: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; 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-2011-1092;
Directorate Identifier 2011-NM-111-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 Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-10, dated May 13, 2011 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During a routine inspection, deformation was found at the neck
of the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA).
    An investigation by the vendor, Avox Systems Inc., revealed that
the deformation was attributed to two (2) batches of raw material
that did not meet the required tensile strength. This may cause
elongation of the pressure regulator neck, which could result in
rupture of the oxygen cylinder, and in the case of cabin
depressurization, oxygen not being available when required.
    This [Canadian] directive mandates [an inspection to determine
if a certain oxygen CRA is installed and] the replacement of oxygen
CRAs containing pressure regulators, part number (P/N) 806370-06,
that do not meet the required material properties.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 700-1A11-35-010 (for Model
BD-700-1A11 airplanes) and 700-35-011 (for Model BD-700-1A10
airplanes), both Revision 01, both dated February 1, 2011. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 39 products of U.S. registry. We also estimate that
it would take about 10 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. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $33,150, or $850 per product.

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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1092; Directorate Identifier
2011-NM-111-AD.

Comments Due Date

    (a) We must receive comments by December 12, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-700-1A10 and
BD-700-1A11 airplanes, certificated in any category, serial numbers
(S/N) 9002 through 9126 inclusive, 9128 through 9312 inclusive, 9314
through 9322 inclusive, 9324 through 9335 inclusive, 9337, 9338,
9340, 9341, 9343, 9344, 9346, 9347, 9350, 9353, 9355, 9356, 9358,
9361, 9365, 9372, 9374, 9384, 9402, 9403, and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During a routine inspection, deformation was found at the neck
of the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA).
    An investigation by the vendor * * * revealed that the
deformation was attributed to two (2) batches of raw material that
did not meet the required tensile strength. This may cause
elongation of the pressure regulator neck, which could result in
rupture of the oxygen cylinder, and in the case of cabin
depressurization, oxygen not being available when required.
* * * * *

Compliance

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

Actions

    (g) For airplanes having S/N 9002 through 9126 inclusive, 9128
through 9312 inclusive, 9314 through 9322 inclusive, 9324 through
9335 inclusive, 9337, 9338, 9340, 9341, 9343, 9344, 9346, 9347,
9350, 9353, 9355, 9356, 9358, 9361, 9365, 9372, 9374, 9384, 9402,
9403: Within 7 months after the effective date of this AD, do an
inspection of oxygen pressure regulators having P/N 806370-06 to
determine if the serial number is listed in Table 2 of the
Accomplishment Instructions of Bombardier Service Bulletin 700-35-
011 (for Model BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model
BD-700-1A11 airplanes), both Revision 01, both dated February 1,
2011.
    (1) If the serial number of the pressure regulator having P/N
806370-06 is listed in Table 2 of the Accomplishment Instructions of
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes),
both Revision 01, both dated February 1, 2011, within 7 months after
the effective date of this AD, replace the affected oxygen CRA, in
accordance with paragraph 2.C. of the Accomplishment Instructions of
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes),
both Revision 01, both dated February 1, 2011.
    (2) If the serial number of the oxygen pressure regulator having
P/N 806370-06 is not listed in Table 2 of the Accomplishment
Instructions of Bombardier Service Bulletin 700-35-011 (for Model
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11
airplanes), both Revision 01,

both dated February 1, 2011, no further action is required by this
paragraph.

Parts Installation

    (h) For all airplanes: As of the effective date of this AD, no
person may install an oxygen pressure regulator (P/N 806370-06)
having any serial number listed in Table 2 of the Accomplishment
Instructions of Bombardier Service Bulletin 700-35-011 (for Model
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11
airplanes), both Revision 01, both dated February 1, 2011, on any
airplane, unless a suffix ``-A'' is beside the serial number.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    The MCAI applicability specifies only airplanes having certain
serial numbers and prohibits installation of the affected part on
those airplanes. Because the affected part could be rotated onto any
of the Model BD-700-1A10 and BD-700-1A11 airplanes, this AD applies
to S/N 9002 through 9126 inclusive, 9128 through 9312 inclusive,
9314 through 9322 inclusive, 9324 through 9335 inclusive, 9337,
9338, 9340, 9341, 9343, 9344, 9346, 9347, 9350, 9353, 9355, 9356,
9358, 9361, 9365, 9372, 9374, 9384, 9402, 9403, and subsequent. This
has been coordinated with the Transport Canada Civil Aviation
(TCCA).

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to Attn: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Transport Canada Civil Aviation (TCCA)
Airworthiness Directive CF-2011-10, dated May 13, 2011; Bombardier
Service Bulletin 700-35-011, Revision 01, dated February 1, 2011;
and Bombardier Service Bulletin 700-1A11-35-010, Revision 01, dated
February 1, 2011; for related information.

    Issued in Renton, Washington, on October 17, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-27650 Filed 10-25-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22517-22518]
[FR Doc No: 2023-07823]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0183]

Agency Information Collection Activities; New Information
Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment
Form, MCSA-5872

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval and invites public comment on the approval of a new ICR
titled, Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872. This Information Collection (IC) is voluntary and may be utilized
by medical examiners (MEs) responsible for issuing Medical Examiner's
Certificates, Form MCSA-5876, to individuals diagnosed with non-
insulin-treated diabetes mellitus who operate commercial motor vehicles
(CMV) in interstate commerce. MEs choosing to use this IC will do so in
an effort to communicate with treating healthcare providers who manage
the diabetes care of individuals diagnosed with non-insulin-treated
diabetes mellitus who operate CMVs. The information obtained by MEs
will assist them in determining whether an individual diagnosed with
non-insulin-treated diabetes mellitus meets FMCSA's physical
qualification standards.

DATES: Comments must be received on or before June 12, 2023.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Docket Number FMCSA-2021-0183 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/docket/FMCSA-2021-0183/document. Follow the online instructions for
submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m. ET Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call<PHONE_NUMBER> or (202)
366-9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the docket, or go to the street address
listed above.
    Privacy Act: In accordance with the Paperwork Reduction Act, FMCSA
solicits comments from the public to better inform the Agency about the
burden of the proposed ICR. FMCSA posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System), which can be reviewed at
www.transportation.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``FAQ'' section
of the Federal eRulemaking Portal website.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The primary mission of FMCSA is to reduce crashes, injuries, and
fatalities involving CMVs (large trucks and buses). CMVs are longer,
heavier, and more difficult to maneuver than automobiles. Not only does
it take a skilled driver to operate them safely, it takes a physically
and mentally fit driver to do so as well. Information used to determine
and certify driver medical fitness helps to promote and maintain safety
on our nation's highways.
    FMCSA is required by statute to establish minimum standards for the
physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and
31502(b)). The regulations applicable to this collection are outlined
in the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part
391, subpart E. The FMCSRs in Sec.  391.41(b) \1\ set forth the

physical qualification standards that individuals operating CMVs in
interstate commerce who are subject to part 391 must meet. The FMCSRs
covering the performance of the CMV physical qualification examination
of individuals who operate in interstate commerce by an ME and the
related recordkeeping requirements are found at Sec.  391.43. The
results of the examination must be recorded in accordance with the
requirements set forth in that section; they include preparing and
maintaining a Medical Examination Report Form, MCSA-5875, and, if the
individual is physically qualified, issuing a Medical Examiner's
Certificate, Form MCSA-5876.
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    \1\ 49 CFR 391.41; Physical qualifications for drivers.
Available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E.
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    The FMCSRs in Sec.  391.41(b)(1) through (13) generally include the
physical qualification standards required for the medical certification
of individuals who operate a CMV in interstate commerce. The physical
qualification standards in Sec.  391.46 address the physical
qualification requirements for medical certification of individuals who
are diagnosed with diabetes mellitus and are treated with insulin.
However, the FMCSRs do not specifically address individuals who are
diagnosed with diabetes mellitus and are treated with non-insulin
therapy. The type of diabetes mellitus that is not treated with insulin
(commonly known as Type 2 diabetes) is recognized as a health concern
for the general public.
    Non-insulin-treated diabetes mellitus that is not properly managed
and controlled may result in diabetes complications and/or target organ
damage and in the individual's physical condition being inadequate to
enable the driver to operate a CMV safely. The physical qualification
standards in the FMCSRs broadly address some of the conditions and
symptoms that may be attributable to complications from non-insulin-
treated diabetes mellitus. Examples include the loss of limb and limb
impairment standards (Sec.  391.41(b)(1) and (2)); the cardiovascular
standard (Sec.  391.41(b)(4)); the rheumatic, arthritic, orthopedic,
muscular, neuromuscular, or vascular standard (Sec.  391.41(b)(7)); and
the loss of consciousness standard (Sec.  391.41(b)(8)).
    In performing a thorough assessment and evaluation of an individual
diagnosed with non-insulin-treated diabetes mellitus, the ME may need
to consult with the individual's treating healthcare provider who
manages the individual's diabetes. The ME may find this helpful in
determining whether the individual has any medical conditions or
symptoms, such as frequent episodes of severe hypoglycemia, that may
prevent the individual from meeting the physical qualification
standards and receiving a Medical Examiner's Certificate, Form MCSA-
5876. This voluntary collection would assist the ME by ensuring that
the treating healthcare provider includes the appropriate information,
via the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, in a standardized manner, which would assist the ME in making an
informed and sound physical qualification determination.
    In May 2021, FMCSA's Medical Review Board (MRB) deliberated on the
topic and contents of a draft Non-Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA-5872 (Task 21-2). FMCSA directed the MRB to
review and comment on whether the information on the proposed form
provided sufficient information concerning the treatment, management,
and control of an individual's non-insulin-treated diabetes mellitus
condition to assist a ME in making an appropriate physical
qualification determination. The Agency also requested that the MRB
identify any areas of ambiguity as well as additional information that
FMCSA should include on the form. Based on its review, the MRB made
some recommendations to improve the clarity and quality of information
on the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, which is provided from the individual's treating healthcare
provider to the ME.
    There is no required collection frequency for the Non-Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5872, because the use
of this IC is voluntary and at the discretion of the ME.
    The Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, will be available as a fillable pdf and may be downloaded from
the FMCSA website. Treating healthcare providers may provide the form
to the individual, or fax or scan and email the form directly to the
ME. Consistent with OMB's commitment to minimizing respondents'
recordkeeping and paperwork burdens and the increased use of secure
electronic modes of communication, the Agency anticipates that
approximately 50 percent of the Non-Insulin-Treated Diabetes Mellitus
Assessment Forms, MCSA-5872, will be transmitted electronically.
    The information collected on the Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5872, will be used by the ME who
requests completion of the form and will not be available to the
public. The Non-Insulin-Treated Diabetes Mellitus Assessment Form,
MCSA-5872, will become a part of the individual's physical
qualification examination records that are maintained and retained by
the ME for a period of at least 3 years from the date of the
examination.\2\
---------------------------------------------------------------------------

    \2\ The burden for the ME to file and retain the driver
examination forms is covered in the Medical Qualification
Requirements ICR, OMB Control Number 2126-0006, which is currently
due to expire on March 31, 2025.
---------------------------------------------------------------------------

    Title: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872.
    OMB Control Number: 2126-00XX.
    Type of Request: New collection.
    Respondents: Treating healthcare providers of individuals who are
diagnosed with non-insulin treated diabetes mellitus who operate CMVs.
    Estimated Number of Respondents: 242,057 respondents.
    Estimated Time per Response: 8 minutes.
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: Other (Voluntary use at the medical
discretion of the ME).
    Estimated Total Annual Burden: 32,274 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this IC, including: (1) whether the proposed collection is necessary
for FMCSA to perform its functions; (2) the accuracy of the estimated
burden; (3) ways for FMCSA to enhance the quality, usefulness, and
clarity of the collected information; and (4) ways that the burden
could be minimized without reducing the quality of the collected
information. The Agency will summarize or include your comments in the
request for OMB's clearance of this information collection.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-07823 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33303-33304]
[FR Doc No: 2022-11567]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0190]

Aviation Consumer Protection Advisory Committee Matters

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of public meeting.

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SUMMARY: The U.S. Department of Transportation (Department) announces
that the public meeting of the Aviation Consumer Protection Advisory
Committee (ACPAC) which was originally scheduled to be held on March 21
and 22, 2022 is rescheduled to June 28 and 29, 2022. In addition, one
of the topics planned for discussion at the rescheduled meeting has
changed from Airline Ticket Refunds to Airline Ancillary Service Fees.

DATES: The meeting, which was originally scheduled to be held on March
21 and 22, 2022, will now be held from 9:30 a.m.-5:00 p.m. (ET) on June
28 and 29, 2022.

ADDRESSES: The June 28 and 29 meeting will take place in-person at the
DOT headquarters building, at 1200 New Jersey Avenue SE in Washington,
DC, and will be livestreamed. Attendance is open to the public, up to
the room's capacity. A detailed agenda will be available on the ACPAC
website at least one week before the meeting.

FOR FURTHER INFORMATION CONTACT: To register for the next in-person
meeting, please contact the Department by email at [email protected].
Attendance is open to the public subject to any capacity limitations.
For further information, contact Kimberly Graber, Deputy Assistant
General Counsel, by telephone at<PHONE_NUMBER> or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The ACPAC evaluates current aviation consumer protection programs
and provides recommendations to the Secretary for improving them, as
well as recommending any additional consumer protections that may be
needed.
    On November 11, 2021, the Department issued a Federal Register
notice announcing two meetings of the ACPAC, the first to be held on
December 2, 2021 and the second to be held on March 21 and 22, 2022.
The ACPAC held the December 2, 2021 meeting as planned. One of the
topics discussed at the December 2, 2021 meeting was Airline Ticket
Refunds. The Department planned to continue discussion of the Airline
Ticket Refunds topic at the March 21 and 22, 2022 meeting concurrently
with the projected date of the public comment period for the Notice of
Proposed Rulemaking (NPRM) on Airline Ticket Refund and Consumer
Protections (RIN 2105-AF04). However, due to delays associated with the
rulemaking process and the

availability of the ACPAC members, the meeting originally scheduled for
March 21 and 22, 2022 will now be held on June 28 and 29, 2022.

II. Agenda

    As previously indicated, the Department intended to use the June 28
and 29, 2022 meeting to continue the discussion on Airline Ticket
Refunds and to discuss Enhancing Consumer Access to Airline Flight
Information. While the NPRM on Airline Ticket Refunds was submitted to
the Office of Information and Regulatory Affairs (OIRA) for its review,
the NPRM is not expected to be issued before the date of this ACPAC
meeting. As a result, the Department will schedule a meeting at a
future date to discuss the NPRM on Airline Ticket Refunds.
    The Department still plans to discuss Enhancing Consumer Access to
Airline Flight Information at the June meeting. The Executive Order on
Promoting Competition in the American Economy, issued on July 9, 2021
(Competition Executive Order), directed the Department to take action
to protect consumers and promote competition. Specifically, the
Department is directed, among other things, to ``promote enhanced
transparency and consumer safeguards, as appropriate and consistent
with applicable law, including through potential rulemaking,
enforcement actions, or guidance documents, with the aims of: (1)
Enhancing consumer access to airline flight information so that
consumers can more easily find a broader set of available flights,
including by new or lesser known airlines . . . .'' The ACPAC will
consider the topic of enhancing access to airline flight information,
including examining what is meant by airline flight information and how
best to ensure that consumers can more easily find a broader set of
available flights.
    The Competition Executive Order also directs the Department to
consider initiating a rulemaking to ensure that consumers have
ancillary fee information, including baggage fees, change fees, and
cancellation fees at the time of ticket purchase. The Department has
announced that it has initiated such a rulemaking and plans to issue a
notice of proposed rulemaking on transparency of airline ancillary
service fees this calendar year. The Department, after consultation
with the ACPAC members, has decided to discuss enhancing airline
ancillary service fees at the June 28 and 29, 2022 meeting. The ACPAC
will consider how best to ensure the disclosure of ancillary service
fee information to consumers and whether the sharing of information
between airlines and ticket agents is needed to ensure that consumers
have access to ancillary fee information when they purchase air
transportation from ticket agents.

III. Public Participation

    The meetings will be open to the public; however, attendance may be
limited due to constraints of the physical meeting space. To register,
please send an email to the Department at [email protected] as set forth in
the FOR FURTHER INFORMATION CONTACT section. The Department is
committed to providing equal access to this meeting for all
participants. If you need alternative formats or services because of a
disability, such as sign language interpreter or other ancillary aids,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Members of the public may also present written comments at any
time. The docket number referenced above (DOT-OST-2018-0190) has been
established for committee documents including any written comments that
may be filed. At the discretion of the Chairperson or Designated
Federal Officer, after completion of the planned agenda, individual
members of the public may provide oral comments time permitting. Any
oral comments presented must be limited to the objectives of the
committee and will be limited to five (5) minutes per person.
Individual members of the public who wish to present oral comments must
notify the Department of Transportation via email at [email protected] that
they wish to attend and present oral comments no later than Friday,
June 21, 2022.
    Speakers are requested to submit a written copy of their prepared
remarks for inclusion in the meeting records and for circulation to
ACPAC members by June 21, 2022. All prepared remarks submitted on time
will be accepted and considered as part of the meeting's record.

IV. Viewing Documents

    You may view documents mentioned in this notice at https://www.regulations.gov. After entering the docket number (DOT-OST-2018-
0190), click the link to ``Open Docket Folder'' and choose the document
to review.

    Issued in Washington, DC, on or around this 25th day of May
2022.
John E. Putnam,
General Counsel.
[FR Doc. 2022-11567 Filed 5-31-22; 8:45 am]
BILLING CODE 4910-9X-P