81_FR_45337 81 FR 45204 - Petition for Exemption; Summary of Petition Received; (Southwest Airlines Company)

81 FR 45204 - Petition for Exemption; Summary of Petition Received; (Southwest Airlines Company)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range45204-45205
FR Document2016-16413

This notice contains a summary of a petition seeking relief from specified requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

Federal Register, Volume 81 Issue 133 (Tuesday, July 12, 2016)
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45204-45205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16413]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2016-50]


Petition for Exemption; Summary of Petition Received; (Southwest 
Airlines Company)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket 
number and must be received on or before August 1, 2016.

ADDRESSES: Send comments identified by docket number (FAA-2002-11485) 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Nia Daniels, 800 Independence Ave. SW., 
Washington, DC 20591, (202) 267-7626.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 29, 2016.
Dale Bouffiou,
Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2002-11485.
    Petitioner: Southwest Airlines Company.
    Section of 14 CFR Affected: 121.434(c)(1)(ii).
    Description of Relief Sought: Southwest Airlines Company 
(Southwest) requests an amendment to Exemption No. 7132 which permits 
Southwest to substitute a qualified and authorized check airman in 
place of an FAA inspector to observe a qualifying pilot in command 
(PIC) during at least one flight leg that includes a takeoff and a 
landing while that PIC is completing the initial or upgrade training. 
Southwest seeks an amendment to delete Condition and Limitation No. 
1.b. of the exemption to remove the requirement that the qualifying PIC 
candidate has completed no less than 10

[[Page 45205]]

hours of supervised operating experience and no fewer than two 
landings.

[FR Doc. 2016-16413 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                  45204                           Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

                                                  from specified requirements of Title 14                    Issued in Washington, DC, on June 29,               Transportation (DOT), 1200 New Jersey
                                                  of the Code of Federal Regulations. The                  2016.                                                 Avenue SE., Room W12–140, West
                                                  purpose of this notice is to improve the                 Dale Bouffiou,                                        Building Ground Floor, Washington, DC
                                                  public’s awareness of, and participation                 Deputy Director, Office of Rulemaking.                20590–0001.
                                                  in, the FAA’s exemption process.                                                                                 • Hand Delivery or Courier: Take
                                                                                                           Petition for Exemption
                                                  Neither publication of this notice nor                                                                         comments to Docket Operations in
                                                  the inclusion or omission of information                   Docket No.: FAA–2016–2706.                          Room W12–140 of the West Building
                                                  in the summary is intended to affect the                   Petitioner: Ameristar Air Cargo, Inc.               Ground Floor at 1200 New Jersey
                                                                                                             Section of 14 CFR Affected: 121.436.                Avenue SE., Washington, DC, between 9
                                                  legal status of the petition or its final                  Description of Relief Sought:
                                                  disposition.                                                                                                   a.m. and 5 p.m., Monday through
                                                                                                           Ameristar Air Cargo, Inc. (Ameristar)
                                                                                                                                                                 Friday, except Federal holidays.
                                                  DATES: Comments on this petition must                    seeks an exemption to allow experience                  • Fax: Fax comments to Docket
                                                  identify the petition docket number and                  gained as a pilot in command (PIC)                    Operations at 202–493–2251.
                                                  must be received on or before August 1,                  under part 121 prior to July 31, 2013, to               Privacy: In accordance with 5 U.S.C.
                                                  2016.                                                    count towards the experience                          553(c), DOT solicits comments from the
                                                                                                           requirement of § 121.436(a)(3), even                  public to better inform its rulemaking
                                                  ADDRESSES:   Send comments identified                    though the pilot was not serving as PIC               process. DOT posts these comments,
                                                  by docket number FAA–2016–2706                           in part 121 operations on that date. The              without edit, including any personal
                                                  using any of the following methods:                      FAA has previously granted similar                    information the commenter provides, to
                                                    • Federal eRulemaking Portal: Go to                    relief in response to petitions from                  http://www.regulations.gov, as
                                                  http://www.regulations.gov and follow                    individual airmen. Ameristar requests                 described in the system of records
                                                  the online instructions for sending your                 that this relief be granted to the air                notice (DOT/ALL–14 FDMS), which can
                                                  comments electronically.                                 carrier so that any pilot employed by                 be reviewed at http://www.dot.gov/
                                                                                                           Ameristar with prior part 121 PIC
                                                    • Mail: Send comments to Docket                                                                              privacy.
                                                                                                           experience could use that time towards                  Docket: Background documents or
                                                  Operations, M–30; U.S. Department of                     the § 121.436(a)(3) requirement, if
                                                  Transportation (DOT), 1200 New Jersey                                                                          comments received may be read at
                                                                                                           needed.                                               http://www.regulations.gov at any time.
                                                  Avenue SE., Room W12–140, West
                                                                                                           [FR Doc. 2016–16412 Filed 7–11–16; 8:45 am]           Follow the online instructions for
                                                  Building Ground Floor, Washington, DC
                                                  20590–0001.                                              BILLING CODE 4910–13–P                                accessing the docket or go to the Docket
                                                                                                                                                                 Operations in Room W12–140 of the
                                                    • Hand Delivery or Courier: Take
                                                                                                                                                                 West Building Ground Floor at 1200
                                                  comments to Docket Operations in                         DEPARTMENT OF TRANSPORTATION                          New Jersey Avenue SE., Washington,
                                                  Room W12–140 of the West Building
                                                                                                                                                                 DC, between 9 a.m. and 5 p.m., Monday
                                                  Ground Floor at 1200 New Jersey                          Federal Aviation Administration
                                                                                                                                                                 through Friday, except Federal holidays.
                                                  Avenue SE., Washington, DC, between 9
                                                                                                           [Summary Notice No. 2016–50]                          FOR FURTHER INFORMATION CONTACT: For
                                                  a.m. and 5 p.m., Monday through
                                                  Friday, except Federal holidays.                                                                               technical questions concerning this
                                                                                                           Petition for Exemption; Summary of                    action, contact Nia Daniels, 800
                                                    • Fax: Fax comments to Docket                          Petition Received; (Southwest Airlines                Independence Ave. SW., Washington,
                                                  Operations at 202–493–2251.                              Company)                                              DC 20591, (202) 267–7626.
                                                    Privacy: In accordance with 5 U.S.C.                   AGENCY: Federal Aviation                                This notice is published pursuant to
                                                  553(c), DOT solicits comments from the                   Administration (FAA), DOT.                            14 CFR 11.85.
                                                  public to better inform its rulemaking                   ACTION: Notice.                                         Issued in Washington, DC, on June 29,
                                                  process. DOT posts these comments,                                                                             2016.
                                                  without edit, including any personal                     SUMMARY:   This notice contains a                     Dale Bouffiou,
                                                  information the commenter provides, to                   summary of a petition seeking relief
                                                                                                                                                                 Deputy Director, Office of Rulemaking.
                                                  http://www.regulations.gov, as                           from specified requirements of Title 14
                                                  described in the system of records                       of the Code of Federal Regulations. The               Petition for Exemption
                                                  notice (DOT/ALL–14 FDMS), which can                      purpose of this notice is to improve the                 Docket No.: FAA–2002–11485.
                                                  be reviewed at http://www.dot.gov/                       public’s awareness of, and participation                 Petitioner: Southwest Airlines
                                                  privacy.                                                 in, the FAA’s exemption process.                      Company.
                                                    Docket: Background documents or                        Neither publication of this notice nor                   Section of 14 CFR Affected:
                                                  comments received may be read at                         the inclusion or omission of information              121.434(c)(1)(ii).
                                                  http://www.regulations.gov at any time.                  in the summary is intended to affect the                 Description of Relief Sought:
                                                  Follow the online instructions for                       legal status of the petition or its final             Southwest Airlines Company
                                                  accessing the docket or go to the Docket                 disposition.                                          (Southwest) requests an amendment to
                                                  Operations in Room W12–140 of the                        DATES: Comments on this petition must                 Exemption No. 7132 which permits
                                                  West Building Ground Floor at 1200                       identify the petition docket number and               Southwest to substitute a qualified and
                                                  New Jersey Avenue SE., Washington,                       must be received on or before August 1,               authorized check airman in place of an
                                                  DC, between 9 a.m. and 5 p.m., Monday                    2016.                                                 FAA inspector to observe a qualifying
                                                  through Friday, except Federal holidays.                 ADDRESSES: Send comments identified                   pilot in command (PIC) during at least
                                                                                                                                                                 one flight leg that includes a takeoff and
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                                                                                                           by docket number (FAA–2002–11485)
                                                  FOR FURTHER INFORMATION CONTACT:    For                                                                        a landing while that PIC is completing
                                                                                                           using any of the following methods:
                                                  technical questions concerning this                        • Federal eRulemaking Portal: Go to                 the initial or upgrade training.
                                                  action, contact Nia Daniels, 800                         http://www.regulations.gov and follow                 Southwest seeks an amendment to
                                                  Independence Avenue SW.,                                 the online instructions for sending your              delete Condition and Limitation No. 1.b.
                                                  Washington, DC 20591, (202) 267–7626.                    comments electronically.                              of the exemption to remove the
                                                    This notice is published pursuant to                     • Mail: Send comments to Docket                     requirement that the qualifying PIC
                                                  14 CFR 11.85.                                            Operations, M–30; U.S. Department of                  candidate has completed no less than 10


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                                                                                  Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices                                           45205

                                                  hours of supervised operating                            II. Background                                        insulin regimen. These drivers report no
                                                  experience and no fewer than two                            On December 14, 2015, FMCSA                        other disqualifying conditions,
                                                  landings.                                                published a notice of receipt of Federal              including diabetes-related
                                                  [FR Doc. 2016–16413 Filed 7–11–16; 8:45 am]              diabetes exemption applications from                  complications. Each meets the vision
                                                  BILLING CODE 4910–13–P                                   44 individuals and requested comments                 requirement at 49 CFR 391.41(b)(10).
                                                                                                                                                                   The qualifications and medical
                                                                                                           from the public (80 FR 77408). The
                                                                                                                                                                 condition of each applicant were stated
                                                                                                           public comment period closed on
                                                  DEPARTMENT OF TRANSPORTATION                                                                                   and discussed in detail in the December
                                                                                                           January 13, 2016.
                                                                                                              FMCSA has evaluated the eligibility                14, 2015, Federal Register notice and
                                                  Federal Motor Carrier Safety                             of the 44 applicants and determined that              they will not be repeated in this notice.
                                                  Administration                                           granting the exemptions to these                      IV. Discussion of Comments
                                                                                                           individuals would achieve a level of                    FMCSA received no comments in this
                                                  [FMCSA Docket No. FMCSA–2015–0338]                       safety equivalent to or greater than the              proceeding.
                                                                                                           level that would be achieved by
                                                  Qualification of Drivers; Exemption                      complying with the current regulation                 V. Basis for Exemption Determination
                                                  Applications; Diabetes Mellitus                          49 CFR 391.41(b)(3).                                     Under 49 U.S.C. 31136(e) and 31315,
                                                  AGENCY: Federal Motor Carrier Safety                     III. Diabetes Mellitus and Driving                    FMCSA may grant an exemption from
                                                  Administration (FMCSA), DOT.                             Experience of the Applicants                          the diabetes requirement in 49 CFR
                                                  ACTION: Notice of final disposition.                                                                           391.41(b)(3) if the exemption is likely to
                                                                                                              The Agency established the current                 achieve an equivalent or greater level of
                                                  SUMMARY:   FMCSA confirms its decision                   requirement for diabetes in 1970                      safety than would be achieved without
                                                  to exempt 44 individuals from its rule                   because several risk studies indicated                the exemption. The exemption allows
                                                  prohibiting persons with insulin-treated                 that drivers with diabetes had a higher               the applicants to operate CMVs in
                                                  diabetes mellitus (ITDM) from operating                  rate of crash involvement than the                    interstate commerce.
                                                  commercial motor vehicles (CMVs) in                      general population. The diabetes rule                    To evaluate the effect of these
                                                  interstate commerce. The exemptions                      provides that ‘‘A person is physically                exemptions on safety, FMCSA
                                                  enable these individuals to operate                      qualified to drive a commercial motor                 considered medical reports about the
                                                  CMVs in interstate commerce.                             vehicle if that person has no established             applicants’ ITDM and vision, and
                                                                                                           medical history or clinical diagnosis of              reviewed the treating endocrinologists’
                                                  DATES: The exemptions were effective
                                                                                                           diabetes mellitus currently requiring                 medical opinion related to the ability of
                                                  on January 14, 2016. The exemptions                      insulin for control’’ (49 CFR
                                                  expire on January 14, 2018.                                                                                    the driver to safely operate a CMV while
                                                                                                           391.41(b)(3)).                                        using insulin.
                                                  FOR FURTHER INFORMATION CONTACT:                            FMCSA established its diabetes                        Consequently, FMCSA finds that in
                                                  Christine A. Hydock, Chief, Medical                      exemption program, based on the                       each case exempting these applicants
                                                  Programs Division, (202) 366–4001,                       Agency’s July 2000 study entitled ‘‘A                 from the diabetes requirement in 49 CFR
                                                  fmcsamedical@dot.gov, FMCSA,                             Report to Congress on the Feasibility of              391.41(b)(3) is likely to achieve a level
                                                  Department of Transportation, 1200                       a Program to Qualify Individuals with                 of safety equal to that existing without
                                                  New Jersey Avenue SE., Room W64–                         Insulin-Treated Diabetes Mellitus to                  the exemption.
                                                  113, Washington, DC 20590–0001.                          Operate in Interstate Commerce as
                                                  Office hours are from 8:30 a.m. to 5 p.m.                Directed by the Transportation Act for                VI. Conditions and Requirements
                                                  e.t., Monday through Friday, except                      the 21st Century.’’ The report concluded                 The terms and conditions of the
                                                  Federal holidays.                                        that a safe and practicable protocol to               exemption will be provided to the
                                                  SUPPLEMENTARY INFORMATION:                               allow some drivers with ITDM to                       applicants in the exemption document
                                                                                                           operate CMVs is feasible. The                         and they include the following: (1) That
                                                  I. Electronic Access                                                                                           each individual submit a quarterly
                                                                                                           September 3, 2003 (68 FR 52441),
                                                     You may see all the comments online                   Federal Register notice in conjunction                monitoring checklist completed by the
                                                  through the Federal Document                             with the November 8, 2005 (70 FR                      treating endocrinologist as well as an
                                                  Management System (FDMS) at: http://                     67777), Federal Register notice provides              annual checklist with a comprehensive
                                                  www.regulations.gov.                                     the current protocol for allowing such                medical evaluation; (2) that each
                                                     Docket: For access to the docket to                   drivers to operate CMVs in interstate                 individual reports within 2 business
                                                  read background documents or                             commerce.                                             days of occurrence, all episodes of
                                                  comments, go to http://                                     These 44 applicants have had ITDM                  severe hypoglycemia, significant
                                                  www.regulations.gov and/or Room                          over a range of 1 to 37 years. These                  complications, or inability to manage
                                                  W12–140 on the ground level of the                       applicants report no severe                           diabetes; also, any involvement in an
                                                  West Building, 1200 New Jersey Avenue                    hypoglycemic reactions resulting in loss              accident or any other adverse event in
                                                  SE., Washington, DC, between 9 a.m.                      of consciousness or seizure, requiring                a CMV or personal vehicle, whether or
                                                  and 5 p.m., Monday through Friday,                       the assistance of another person, or                  not it is related to an episode of
                                                  except Federal holidays.                                 resulting in impaired cognitive function              hypoglycemia; (3) that each individual
                                                     Privacy Act: In accordance with 5                     that occurred without warning                         provide a copy of the ophthalmologist’s
                                                  U.S.C. 553(c), DOT solicits comments                     symptoms, in the past 12 months and no                or optometrist’s report to the medical
                                                  from the public to better inform its                     recurrent (2 or more) severe                          examiner at the time of the annual
mstockstill on DSK3G9T082PROD with NOTICES




                                                  rulemaking process. DOT posts these                      hypoglycemic episodes in the past 5                   medical examination; and (4) that each
                                                  comments, without edit, including any                    years. In each case, an endocrinologist               individual provide a copy of the annual
                                                  personal information the commenter                       verified that the driver has                          medical certification to the employer for
                                                  provides, to www.regulations.gov, as                     demonstrated a willingness to properly                retention in the driver’s qualification
                                                  described in the system of records                       monitor and manage his/her diabetes                   file, or keep a copy in his/her driver’s
                                                  notice (DOT/ALL–14 FDMS), which can                      mellitus, received education related to               qualification file if he/she is self-
                                                  be reviewed at www.dot.gov/privacy.                      diabetes management, and is on a stable               employed. The driver must also have a


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Document Created: 2016-07-12 01:59:08
Document Modified: 2016-07-12 01:59:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on this petition must identify the petition docket number and must be received on or before August 1, 2016.
ContactFor technical questions concerning this action, contact Nia Daniels, 800 Independence Ave. SW., Washington, DC 20591, (202) 267-7626.
FR Citation81 FR 45204 

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