[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Proposed Rules]
[Pages 38406-38408]
[FR Doc No: 2015-16293]

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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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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Proposed
Rules

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2466; Directorate Identifier 2015-CE-018-AD]
RIN 2120-AA64

Airworthiness Directives; Piaggio Aero Industries S.p.A Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Piaggio Aero Industries S.p.A Model P-180 airplanes. 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 the need to restore the safe fatigue life of
the bulkhead structure. We are issuing this proposed AD to require
actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 20, 2015.

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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Piaggio Aero Industries S.p.A, Airworthiness Office, Viale Generale
Disegna, 1-17038 Villanova d'Albenga, Savona, Italy; telephone: +39 010
6481800; fax: +39<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet:
www.piaggioaerospace.it/en/customer-support#care. You may review this
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. 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-2015-
2466; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2015-2466;
Directorate Identifier 2015-CE-018-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 because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2015-0071, dated: April 30, 2015 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    In 1997, Piaggio Aero Industries S.p.A (PAI) developed a
modification of the forward pressurized bulkhead, published through
PAI Service Bulletin (SB) 80-0081, aiming to restore the safe
fatigue life of the bulkhead structure.
    Consequently, ENAC Italy (formerly RAI) issued Prescrizione di
Aeronavigabilita (PA) 97-148 to require compliance with this SB.
    After RAI PA 97-148 was issued, PAI issued SB 80-0081 Revision 2
to provide improved instructions for specific serial numbers.
Prompted by this development, EASA issued AD 2010-0146 superseding
PA 97-148 and requiring accomplishment of instruction of PAI issued
SB 80-0081 Revision 2.
    After that AD was issued, PAI issued SB 80-0081 Revision 3 to
make the instructions for inspection (and, depending on findings,
rework/reinforcement) applicable to all aeroplanes.
    For the reasons described above, this AD retains the
requirements of EASA AD 2010-0146, which is superseded, requires
inspection and, depending on findings, reinforcement of the
pressurized bulkhead structure on extended population of aeroplanes.
This AD also specifies that certain aeroplanes modified in
accordance with SB 80-0081 up to Revision 2 need to be inspected
and, depending on findings, reinforced as required by this AD.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2466.

Related Service Information Under 1 CFR Part 51

    Piaggio Aero Industries S.p.A has issued Piaggio Aero Industries
S.p.A. Service Bulletin 80-0081, Revision No. 3, dated: January 20,
2015. The service information describes procedures for inspection and,
depending on findings, rework/reinforcement of the bulkhead. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means

identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 28 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $2,380, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 88 work-hours and require parts costing $30,000, for a cost
of $37,480 per product. We have no way of determining the number of
products that may need these actions.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Piaggio Aero Industries S.p.A: Docket No. FAA-2015-2466; Directorate
Identifier 2015-CE-018-AD.

(a) Comments Due Date

    We must receive comments by August 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piaggio Aero Industries S.p.A P-180 Model P-
180 airplanes, serial numbers (S/N) 1004 through 1033, certificated
in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by 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 the need to
restore the safe fatigue life of the bulkhead structure. We are
issuing this AD to correct the safe fatigue life of the airplane.

(f) Actions and Compliance

    (1) Unless already done, do the actions in paragraphs (f)(2)
through (f)(4) of this AD at whichever of the following compliance
times occurs later:
    (i) Within 1,500 hours time-in-service (TIS) after the effective
date of this AD, but not to exceed 6,000 hours total hours TIS on
the airplane; or
    (ii) Within 200 hours TIS after the effective date of this AD or
6 months after the effective date of this AD, whichever occurs
first.
    (2) Inspect (visually or using a standard endoscope) the forward
pressurized bulkhead to verify presence of bulkhead reinforcement
following Part A1 of the Accomplishment Instructions of Piaggio Aero
Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated:
January 20, 2015.
    (i) If the inspection results indicate that the reinforcements
are properly installed, ascertain (visually or by means of standard
endoscope equipment) that there are no cracks or defects. If cracks
or defects are identified, before further flight, repair using
instructions from Piaggio Aero Industries as identified in Service
Letter 80-0097.
    (ii) If the inspection results indicate that the reinforcements
are not installed, reinforce the forward pressurized bulkhead
following Part A2 of the Accomplishment Instructions of Piaggio Aero
Industries S.p.A. Service Bulletin 80-0081, Revision No. 3, dated:
January 20, 2015.
    (3) Modify the forward pressurized bulkhead following Part C of
the Accomplishment Instructions of Piaggio Aero Industries S.p.A.
Service Bulletin 80-0081, Revision No. 3, dated: January 20, 2015.
    (4) This AD allows credit for the actions required in paragraphs
(f)(2)(ii) and (f)(3) of this AD if done before the effective date
of this AD following the instructions of Piaggio Aero Industries
S.p.A. Service Bulletin 80-0081, Original Issue, dated: April 28,
1997; Piaggio Aero Industries S.p.A. Service Bulletin 80-0081,
Revision No. 1, dated: May 11, 2010; or Piaggio Aero Industries
S.p.A. Service Bulletin 80-0081, Revision No. 2, dated: July 19,
2010.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane

to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2015-0071, dated April 30, 2015; Piaggio Aero Industries S.p.A.
Service Bulletin 80-0081, Original Issue, dated: April 28, 1997;
Piaggio Aero Industries S.p.A. Service Bulletin 80-0081, Revision
No. 1, dated: May 11, 2010; or Piaggio Aero Industries S.p.A.
Service Bulletin 80-0081, Revision No. 2, dated: July 19, 2010, for
related information. You may examine the MCAI on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2015-2466. For service information related to this AD, contact
Piaggio Aero Industries S.p.A, Airworthiness Office, Viale Generale
Disegna, 1-17038 Villanova d'Albenga, Savona, Italy; telephone: +39
010 6481800; fax: +39<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet:
www.piaggioaerospace.it/en/customer-support#care. You may review
this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on June 25, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-16293 Filed 7-2-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Rules and Regulations]
[Pages 20719-20721]
[FR Doc No: 2022-07561]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0495; FRL-8920-01-OCSPP]

Bacillus Subtilis Strain AFS032321; Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus subtilis strain AFS032321 in or
on all food commodities when used in accordance with label directions
and good agricultural practices. AFS32321 Crop Protection, Inc.,
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of Bacillus subtilis strain AFS032321
under FFDCA when used in accordance with this exemption.

DATES: This regulation is effective April 8, 2022. Objections and
requests for hearings must be received on or before June 7, 2022 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0495, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room are closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://ecfr.federalregister.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2020-0495 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
June 7, 2022. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b), although EPA
strongly encourages those interested in submitting objections or a
hearing request to submit objections and hearing requests
electronically. See Order Urging Electronic Service and Filing (April
10, 2020), https://www.epa.gov/sites/production/files/2020-05/

documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
At this time, because of the COVID-19 pandemic, the judges and staff of
the Office of Administrative Law Judges are working remotely and not
able to accept filings or correspondence by courier, personal delivery,
or commercial delivery, and the ability to receive filings or
correspondence by U.S. Mail is similarly limited. When submitting
documents to the U.S. EPA Office of Administrative Law Judges (OALJ), a
person should utilize the OALJ e-filing system at https://yosemite.epa.gov/OA/EAB/EAB-ALJ_upload.nsf.
    Although EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to treat submissions filed via electronic means
as properly filed submissions during this time that the Agency
continues to maximize telework due to the pandemic; therefore, EPA
believes the preference for submission via electronic means will not be
prejudicial. If it is impossible for a person to submit documents
electronically or receive service electronically, e.g., the person does
not have any access to a computer, the person shall so advise OALJ by
contacting the Hearing Clerk at<PHONE_NUMBER>. If a person is without
access to a computer and must file documents by U.S. Mail, the person
shall notify the Hearing Clerk every time it files a document in such a
manner. The address for mailing documents is U.S. Environmental
Protection Agency, Office of Administrative Law Judges, Mail Code
1900R, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0495, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background

    In the Federal Register of December 21, 2020 (85 FR 82998) (FRL-
10016-93), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
exemption petition (PP 9F8816) by AFS32321 Crop Protection, Inc., P.O.
Box 14069, Research Triangle Park, NC 27709. The petition requested
that 40 CFR part 180 be amended by establishing an exemption from the
requirement of a tolerance for residues of the bactericide and
fungicide Bacillus subtilis strain AFS032321 in or on all food
commodities. That document referenced a summary of the petition
prepared by the petitioner AFS32321 Crop Protection, Inc. and available
in the docket via https://www.regulations.gov. No comments were
received on the notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption and
to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on
Bacillus subtilis strain AFS032321 and considered their validity,
completeness, and reliability, as well as the relationship of this
information to human risk. A full explanation of the data upon which
EPA relied and its risk assessment based on those data can be found
within the document entitled ``Bacillus subtilis strain AFS032321 (PC
Code: 006072) Human Health Risk Assessment in support of Section 3
Product Registration under PRIA Action Code B590--New active
ingredient; food use; petition to establish a tolerance exemption''
(Bacillus subtilis strain AFS032321 Human Health Risk Assessment). This
document, as well as other relevant information, is available in the
docket for this action as described under ADDRESSES.
    The available data and rationale demonstrated that, with regard to
humans, Bacillus subtilis strain AFS032321 is not toxic, pathogenic, or
infective via the oral route of exposure when administered by oral
gavage at a single dose of 5.4 x 10\8\ colony-forming units per test
animal; is not anticipated to be toxic, pathogenic, or infective via
the pulmonary route of exposure; is not anticipated to be toxic via the
dermal route of exposure; and is moderately irritating via the dermal
route of exposure. Additionally, the acute oral toxicity/pathogenicity
study demonstrated a pattern of clearance of Bacillus subtilis strain
AFS032321 from the organs and feces of the test animals. Although there
may be some dietary and non-occupational exposures to residues of
Bacillus subtilis strain AFS032321 when used in accordance with label
directions and good agricultural practices, there is not a concern due
to the lack of potential for adverse effects. For example, no
significant adverse effects have been associated with dietary exposure
to Bacillus subtilis group strains, of which this active ingredient is
a part, and these organisms are often present in agricultural settings
(i.e., water, soil, and plant roots) and are commonly found on various
types of fresh produce. Because there are no threshold levels of
concern with the toxicity, pathogenicity, or infectivity of Bacillus
subtilis strain AFS032321, EPA determined that no additional margin of
safety is necessary to protect infants and children as part of the
qualitative assessment conducted. Based upon its

evaluation in the Bacillus subtilis strain AFS032321 Human Health Risk
Assessment, which concludes that there are no risks of concern from
aggregate exposure to Bacillus subtilis strain AFS032321, EPA concludes
that there is a reasonable certainty that no harm will result to the
U.S. population, including infants and children, from aggregate
exposure to residues of Bacillus subtilis strain AFS032321.

B. Analytical Enforcement Methodology

    An analytical method is not required for Bacillus subtilis strain
AFS032321 because EPA is establishing an exemption from the requirement
of a tolerance without any numerical limitation.

C. Conclusion

    Therefore, an exemption from the requirement of a tolerance is
established for residues of Bacillus subtilis strain AFS032321 in or on
all food commodities when used in accordance with label directions and
good agricultural practices.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or Tribal
Governments, on the relationship between the National Government and
the States or Tribal Governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian Tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (2 U.S.C.
1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: April 1, 2022.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  180.1386 to subpart D to read as follows:

Sec.  180.1386  Bacillus subtilis strain AFS032321; exemption from the
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacillus subtilis strain AFS032321 in or on all food
commodities when used in accordance with label directions and good
agricultural practices.

[FR Doc. 2022-07561 Filed 4-7-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57883-57887]
[FR Doc No: 2021-22711]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7006; FMCSA-
2000-7918; FMCSA-2000-8398; FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-
2003-14504; FMCSA-2003-15268; FMCSA-2004-19477; FMCSA-2005-20560;
FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2007-27897;
FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0398; FMCSA-2009-0154;
FMCSA-2009-0206; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0385;
FMCSA-2011-0057; FMCSA-2011-0102; FMCSA-2011-0124; FMCSA-2011-0140;
FMCSA-2011-0141; FMCSA-2011-0142; FMCSA-2012-0039; FMCSA-2012-0160;
FMCSA-2012-0280; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0029;
FMCSA-2013-0166; FMCSA-2013-0169; FMCSA-2014-0003; FMCSA-2014-0007;
FMCSA-2014-0011; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2016-0207; FMCSA-2017-0014;
FMCSA-2017-0017; FMCSA-2017-0019; FMCSA-2017-0022; FMCSA-2017-0023;
FMCSA-2018-0208; FMCSA-2019-0005; FMCSA-2019-0008; FMCSA-2019-0009;
FMCSA-2019-0011; FMCSA-2019-0013; FMCSA-2019-0015]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 102
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before November
18, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-5578, Docket No. FMCSA-
1999-5748, Docket No. FMCSA-2000-7006, Docket No. FMCSA-2000-7918,
Docket No. FMCSA-2000-8398, Docket No. FMCSA-2001-9561, Docket No.
FMCSA-2002-11714, Docket No. FMCSA-2003-14504, Docket No. FMCSA-2003-
15268, Docket No. FMCSA-2004-19477, Docket No. FMCSA-2005-20560, Docket
No. FMCSA-2006-24783, Docket No. FMCSA-2006-26653, Docket No. FMCSA-
2007-27333, Docket No. FMCSA-2007-27897, Docket No. FMCSA-2007-29019,
Docket No. FMCSA-2008-0106, Docket No. FMCSA-2008-0398, Docket No.
FMCSA-2009-0154, Docket No. FMCSA-2009-0206, Docket No. FMCSA-2009-
0321, Docket No. FMCSA-2010-0114, Docket No. FMCSA-2010-0385, Docket
No. FMCSA-2011-0057, Docket No. FMCSA-2011-0102, Docket No. FMCSA-2011-
0124, Docket No. FMCSA-2011-0140, Docket No. FMCSA-2011-0141, Docket
No. FMCSA-2011-0142, Docket No. FMCSA-2012-0039, Docket No. FMCSA-2012-
0160, Docket No. FMCSA-2012-0280, Docket No. FMCSA-2013-0025, Docket
No. FMCSA-2013-0027, Docket No. FMCSA-2013-0029, Docket No. FMCSA-2013-
0166, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2014-0003, Docket
No. FMCSA-2014-0007, Docket No. FMCSA-2014-0011, Docket No. FMCSA-2014-
0298, Docket No. FMCSA-2014-0300, Docket No. FMCSA-2014-0301, Docket
No. FMCSA-2014-0305, Docket No. FMCSA-2015-0049, Docket No. FMCSA-2015-
0052, Docket No. FMCSA-2015-0053, Docket No. FMCSA-2015-0055, Docket
No. FMCSA-2015-0056, Docket No. FMCSA-2016-0207, Docket No. FMCSA-2017-
0014, Docket No. FMCSA-2017-0017, Docket No. FMCSA-2017-0019, Docket
No. FMCSA-2017-0022, Docket No. FMCSA-2017-0023, Docket No. FMCSA-2018-
0208, Docket No. FMCSA-2019-0005, Docket No. FMCSA-2019-0008, Docket
No. FMCSA-2019-0009, Docket No. FMCSA-2019-0011, Docket No. FMCSA-2019-
0013, or Docket No. FMCSA-2019-0015 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-1999-5578, FMCSA-1999-5748, FMCSA-2000-
7006, FMCSA-2000-7918, FMCSA-2000-8398, FMCSA-2001-9561, FMCSA-2002-
11714, FMCSA-2003-14504, FMCSA-2003-15268, FMCSA-2004-19477, FMCSA-
2005-20560, FMCSA-2006-24783, FMCSA-2006-26653, FMCSA-2007-27333,
FMCSA-2007-27897, FMCSA-2007-29019, FMCSA-2008-0106, FMCSA-2008-0398,
FMCSA-2009-0154, FMCSA-2009-0206, FMCSA-2009-0321, FMCSA-2010-0114,
FMCSA-2010-0385, FMCSA-2011-0057, FMCSA-2011-0102, FMCSA-2011-0124,
FMCSA-2011-0140, FMCSA-2011-0141, FMCSA-2011-0142, FMCSA-2012-0039,
FMCSA-2012-0160, FMCSA-2012-0280, FMCSA-2013-0025, FMCSA-2013-0027,
FMCSA-2013-0029, FMCSA-2013-0166, FMCSA-2013-0169, FMCSA-2014-0003,
FMCSA-2014-0007, FMCSA-2014-0011, FMCSA-2014-0298, FMCSA-2014-0300,
FMCSA-2014-0301, FMCSA-2014-0305, FMCSA-2015-0049, FMCSA-2015-0052,
FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2016-0207,
FMCSA-2017-0014, FMCSA-2017-0017, FMCSA-2017-0019, FMCSA-2017-0022,
FMCSA-2017-0023, FMCSA-2018-0208, FMCSA-2019-0005, FMCSA-2019-0008,
FMCSA-2019-0009, FMCSA-2019-0011, FMCSA-2019-0013, or FMCSA-2019-0015
in the keyword box, and click ``Search.'' Next, sort the results by
``Posted (Newer-Older),'' choose the first notice listed, and click on
the ``Comment'' button. 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. 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:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7006;
FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2001-9561; FMCSA-2002-11714;
FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2004-19477; FMCSA-2005-20560;
FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2007-27897;
FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0398; FMCSA-2009-0154;
FMCSA-2009-0206; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0385;
FMCSA-2011-0057; FMCSA-2011-0102; FMCSA-2011-0124; FMCSA-2011-0140;
FMCSA-2011-0141; FMCSA-2011-0142; FMCSA-2012-0039; FMCSA-2012-0160;
FMCSA-2012-0280; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0029;
FMCSA-2013-0166; FMCSA-2013-0169; FMCSA-2014-0003; FMCSA-2014-0007;
FMCSA-2014-0011; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2016-0207; FMCSA-2017-0014;
FMCSA-2017-0017; FMCSA-2017-0019; FMCSA-2017-0022; FMCSA-2017-0023;
FMCSA-2018-0208; FMCSA-2019-0005; FMCSA-2019-0008; FMCSA-2019-0009;
FMCSA-2019-0011; FMCSA-2019-0013; FMCSA-2019-0015), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-1999-5578, FMCSA-1999-5748, FMCSA-2000-7006,
FMCSA-2000-7918, FMCSA-2000-8398, FMCSA-2001-9561, FMCSA-2002-11714,
FMCSA-2003-14504, FMCSA-2003-15268, FMCSA-2004-19477, FMCSA-2005-20560,
FMCSA-2006-24783, FMCSA-2006-26653, FMCSA-2007-27333, FMCSA-2007-27897,
FMCSA-2007-29019, FMCSA-2008-0106, FMCSA-2008-0398, FMCSA-2009-0154,
FMCSA-2009-0206, FMCSA-2009-0321, FMCSA-2010-0114, FMCSA-2010-0385,
FMCSA-2011-0057, FMCSA-2011-0102, FMCSA-2011-0124, FMCSA-2011-0140,
FMCSA-2011-0141, FMCSA-2011-0142, FMCSA-2012-0039, FMCSA-2012-0160,
FMCSA-2012-0280, FMCSA-2013-0025, FMCSA-2013-0027, FMCSA-2013-0029,
FMCSA-2013-0166, FMCSA-2013-0169, FMCSA-2014-0003, FMCSA-2014-0007,
FMCSA-2014-0011, FMCSA-2014-0298, FMCSA-2014-0300, FMCSA-2014-0301,
FMCSA-2014-0305, FMCSA-2015-0049, FMCSA-2015-0052, FMCSA-2015-0053,
FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2016-0207, FMCSA-2017-0014,
FMCSA-2017-0017, FMCSA-2017-0019, FMCSA-2017-0022, FMCSA-2017-0023,
FMCSA-2018-0208, FMCSA-2019-0005, FMCSA-2019-0008, FMCSA-2019-0009,
FMCSA-2019-0011, FMCSA-2019-0013, or FMCSA-2019-0015 in the keyword
box, and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-1999-5578, FMCSA-1999-5748, FMCSA-2000-7006, FMCSA-2000-
7918, FMCSA-2000-8398, FMCSA-2001-9561, FMCSA-2002-11714, FMCSA-2003-
14504, FMCSA-2003-15268, FMCSA-2004-19477, FMCSA-2005-20560, FMCSA-
2006-24783, FMCSA-2006-26653, FMCSA-2007-27333, FMCSA-2007-27897,
FMCSA-2007-29019, FMCSA-2008-0106, FMCSA-2008-0398, FMCSA-2009-0154,
FMCSA-2009-0206, FMCSA-2009-0321, FMCSA-2010-0114, FMCSA-2010-0385,
FMCSA-2011-0057, FMCSA-2011-0102, FMCSA-2011-0124, FMCSA-2011-0140,
FMCSA-2011-0141, FMCSA-2011-0142, FMCSA-2012-0039, FMCSA-2012-0160,
FMCSA-2012-0280, FMCSA-2013-0025, FMCSA-2013-0027, FMCSA-2013-0029,
FMCSA-2013-0166, FMCSA-2013-0169, FMCSA-2014-0003, FMCSA-2014-0007,
FMCSA-2014-0011, FMCSA-2014-0298, FMCSA-2014-0300, FMCSA-2014-0301,
FMCSA-2014-0305, FMCSA-2015-0049, FMCSA-2015-0052, FMCSA-2015-0053,
FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2016-0207, FMCSA-2017-0014,
FMCSA-2017-0017, FMCSA-2017-0019, FMCSA-2017-0022, FMCSA-2017-0023,
FMCSA-2018-0208, FMCSA-2019-0005, FMCSA-2019-0008, FMCSA-2019-0009,
FMCSA-2019-0011, FMCSA-2019-0013, or FMCSA-2019-0015 in the keyword
box, and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
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<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of

at least 20/40 (Snellen) in each eye without corrective lenses or
visual acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 102 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 102
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 27027, 64 FR 40404, 64 FR
51568, 64 FR 66962, 65 FR 20245, 65 FR 57230, 65 FR 66286, 65 FR 78256,
66 FR 13825, 66 FR 16311, 66 FR 30502, 66 FR 41654, 66 FR 48504, 66 FR
63289, 67 FR 15662, 67 FR 37907, 67 FR 57266, 68 FR 13360, 68 FR 19598,
68 FR 33570, 68 FR 37197, 68 FR 44837, 68 FR 48989, 68 FR 54775, 68 FR
64944, 69 FR 26206, 69 FR 62741, 69 FR 64806, 70 FR 2705, 70 FR 12265,
70 FR 17504, 70 FR 25878, 70 FR 30997, 70 FR 41811, 70 FR 42615, 70 FR
53412, 70 FR 67776, 71 FR 26601, 71 FR 32183, 71 FR 41310, 71 FR 62147,
72 FR 1056, 72 FR 5489, 72 FR 8417, 72 FR 11426, 72 FR 12666, 72 FR
25831, 72 FR 27624, 72 FR 28093, 72 FR 36099, 72 FR 39879, 72 FR 40360,
72 FR 40362, 72 FR 52419, 72 FR 58362, 72 FR 62896, 72 FR 64273, 72 FR
67344, 73 FR 35194, 73 FR 36955, 73 FR 48273, 73 FR 74565, 73 FR 76440,
74 FR 7097, 74 FR 8302, 74 FR 15584, 74 FR 15586, 74 FR 19270, 74 FR
20253, 74 FR 26466, 74 FR 26471, 74 FR 34395, 74 FR 34632, 74 FR 37295,
74 FR 43217, 74 FR 43221, 74 FR 48343, 74 FR 57551, 74 FR 57553, 74 FR
62632, 75 FR 1835, 75 FR 9482, 75 FR 34211, 75 FR 36778, 75 FR 36779,
75 FR 44050, 75 FR 47888, 75 FR 66423, 75 FR 77492, 75 FR 80887, 76 FR
5425, 76 FR 11215, 76 FR 12215, 76 FR 15361, 76 FR 18824, 76 FR 21796,
76 FR 25762, 76 FR 29022, 76 FR 29024, 76 FR 29026, 76 FR 34133, 76 FR
34136, 76 FR 37169, 76 FR 37173, 76 FR 40445, 76 FR 44082, 76 FR 44652,
76 FR 49528, 76 FR 49531, 76 FR 50318, 76 FR 53708, 76 FR 53710, 76 FR
55463, 76 FR 61143, 76 FR 66123, 76 FR 70212, 76 FR 70215, 77 FR 20879,
77 FR 31427, 77 FR 38381, 77 FR 38384, 77 FR 40945, 77 FR 48590, 77 FR
51846, 77 FR 64839, 77 FR 68199, 77 FR 68202, 77 FR 75494, 78 FR 800,
78 FR 4531, 78 FR 12813, 78 FR 12822, 78 FR 14410, 78 FR 16761, 78 FR
20376, 78 FR 22596, 78 FR 24798, 78 FR 26106, 78 FR 30954, 78 FR 34141,
78 FR 34143, 78 FR 46407, 78 FR 51268, 78 FR 52602, 78 FR 56993, 78 FR
57677, 78 FR 57679, 78 FR 62935, 78 FR 64274, 78 FR 64280, 78 FR 76395,
78 FR 77778, 78 FR 77782, 78 FR 78477, 79 FR 4531, 79 FR 14571, 79 FR
24298, 79 FR 28588, 79 FR 35218, 79 FR 38659, 79 FR 40945, 79 FR 41740,
79 FR 53514, 79 FR 56099, 79 FR 65759, 79 FR 65760, 79 FR 68199, 79 FR
69985, 79 FR 70928, 80 FR 603, 80 FR 2473, 80 FR 3723, 80 FR 6162, 80
FR 8751, 80 FR 8927, 80 FR 12254, 80 FR 12547, 80 FR 15859, 80 FR
16502, 80 FR 18693, 80 FR 20562, 80 FR 22773, 80 FR 25766, 80 FR 26320,
80 FR 29149, 80 FR 31636, 80 FR 31957, 80 FR 31962, 80 FR 35699, 80 FR
36395, 80 FR 36398, 80 FR 37718, 80 FR 40122, 80 FR 41548, 80 FR 44185,
80 FR 44188, 80 FR 45573, 80 FR 48404, 80 FR 48413, 80 FR 49302, 80 FR
50915, 80 FR 50917, 80 FR 53383, 80 FR 59225, 80 FR 59230, 80 FR 62161,
80 FR 62163, 80 FR 63869, 81 FR 1284, 81 FR 15401, 81 FR 70248, 81 FR
80161, 81 FR 90046, 81 FR 90050, 81 FR 91239, 81 FR 96165, 81 FR 96180,
81 FR 96196, 82 FR 13043, 82 FR 13048, 82 FR 15277, 82 FR 17736, 82 FR
18818, 82 FR 18949, 82 FR 20962, 82 FR 22379, 82 FR 23712, 82 FR 26224,
82 FR 32919, 82 FR 33542, 82 FR 35043, 82 FR 35050, 82 FR 37499, 82 FR
37504, 82 FR 43647, 82 FR 47295, 82 FR 47309, 82 FR 47312, 83 FR 2289,
83 FR 3861, 83 FR 4537, 83 FR 28325, 83 FR 34661, 83 FR 40638, 83 FR
53724, 83 FR 56902, 83 FR 60954, 84 FR 2305, 84 FR 2311, 84 FR 2314, 84
FR 2326, 84 FR 10389, 84 FR 12665, 84 FR 16320, 84 FR 16333, 84 FR
21393, 84 FR 21397, 84 FR 21401, 84 FR 23629, 84 FR 27688, 84 FR 33801,
84 FR 46088, 84 FR 47038, 84 FR 47045, 84 FR 47047, 84 FR 47052, 84 FR
47057, 84 FR 52160, 84 FR 52166, 84 FR 52585, 84 FR 58437, 84 FR
66444). They have submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at Sec.
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past 2 years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of 2 years is likely to achieve a level of safety equal to that
existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of November
and are discussed below. As of November 1, 2021, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 87 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (64 FR
27027, 64 FR 51568, 65 FR 20245, 65 FR 57230, 65 FR 66286, 65 FR 78256,
66 FR 13825, 66 FR 16311, 66 FR 30502, 66 FR 41654, 66 FR 48504, 67 FR
15662, 67 FR 37907, 67 FR 57266, 68 FR 13360, 68 FR 19598, 68 FR 33570,
68 FR 37197, 68 FR 44837, 68 FR 48989, 68 FR 54775, 69 FR 26206, 69 FR
62741, 69 FR 64806, 70 FR 2705, 70 FR 12265, 70 FR 17504, 70 FR 25878,
70 FR 30997, 70 FR 41811, 70 FR 42615, 70 FR 53412, 71 FR 26601, 71 FR
32183, 71 FR 41310, 71 FR 62147, 72 FR 1056, 72 FR 5489, 72 FR 8417, 72
FR 11426, 72 FR 12666, 72 FR 25831, 72 FR 27624, 72 FR 28093, 72 FR
36099, 72 FR 39879, 72 FR 40360, 72 FR 40362, 72 FR 52419, 72 FR 62896,
73 FR 35194, 73 FR 36955, 73 FR 48273, 73 FR 74565, 73 FR 76440, 74 FR
7097, 74 FR 8302, 74 FR 15584, 74 FR 15586, 74 FR 19270, 74 FR 20253,
74 FR 26466, 74 FR 26471, 74 FR 34395, 74 FR 34632, 74 FR 37295, 74 FR
43221, 74 FR 48343, 75 FR 1835, 75 FR 9482, 75 FR 34211, 75 FR 36778,
75 FR 36779, 75 FR 44050, 75 FR 47888, 75 FR 66423, 75 FR 77492, 75 FR
80887, 76 FR 5425, 76 FR 11215, 76 FR 12215, 76 FR 15361, 76 FR 21796,
76 FR 25762, 76 FR 29022, 76 FR 29026, 76 FR 34133, 76 FR 34136, 76 FR
37169, 76 FR 37173, 76 FR 44082, 76 FR 44652, 76 FR 49528, 76 FR 49531,
76 FR 50318, 76 FR 53708, 76 FR 55463, 76 FR 61143, 77 FR 20879, 77 FR
31427, 77 FR 38381, 77 FR 38384, 77 FR 40945, 77 FR 48590, 77 FR 51846,
77 FR 64839, 77 FR 68199, 77 FR 68202, 77 FR 75494, 78 FR 800, 78 FR
4531, 78 FR 12813, 78 FR 12822, 78 FR 14410, 78 FR 16761, 78 FR 20376,
78 FR 22596, 78 FR 24798, 78 FR 26106, 78 FR 30954, 78 FR 3414, 78 FR
46407, 78 FR 51268,

78 FR 56993, 78 FR 57677, 78 FR 57679, 78 FR 62935, 78 FR 64274, 78 FR
76395, 78 FR 77778, 78 FR 77782, 78 FR 78477, 79 FR 4531, 79 FR 14571,
79 FR 28588, 79 FR 35218, 79 FR 38659, 79 FR 40945, 79 FR 41740, 79 FR
53514, 79 FR 56099, 79 FR 65759, 79 FR 65760, 79 FR 68199, 79 FR 69985,
79 FR 70928, 80 FR 603, 80 FR 2473, 80 FR 3723, 80 FR 6162, 80 FR 8751,
80 FR 8927, 80 FR 12254, 80 FR 12547, 80 FR 15859, 80 FR 16502, 80 FR
18693, 80 FR 20562, 80 FR 22773, 80 FR 25766, 80 FR 26320, 80 FR 29149,
80 FR 31636, 80 FR 31957, 80 FR 31962, 80 FR 35699, 80 FR 36395, 80 FR
36398, 80 FR 37718, 80 FR 40122, 80 FR 41548, 80 FR 44185, 80 FR 44188,
80 FR 45573, 80 FR 48404, 80 FR 48413, 80 FR 49302, 80 FR 50915, 80 FR
53383, 80 FR 59225, 80 FR 62161, 80 FR 62163, 81 FR 15401, 81 FR 70248,
81 FR 80161, 81 FR 90046, 81 FR 90050, 81 FR 91239, 81 FR 96165, 81 FR
96180, 81 FR 96196, 82 FR 13043, 82 FR 13048, 82 FR 15277, 82 FR 17736,
82 FR 18818, 82 FR 18949, 82 FR 20962, 82 FR 22379, 82 FR 23712, 82 FR
26224, 82 FR 32919, 82 FR 33542, 82 FR 35043, 82 FR 35050, 82 FR 37499,
82 FR 37504, 82 FR 43647, 82 FR 47295, 82 FR 47309, 82 FR 47312, 83 FR
2289, 83 FR 4537, 83 FR 28325, 83 FR 34661, 83 FR 40638, 83 FR 53724,
83 FR 56902, 83 FR 60954, 84 FR 2305, 84 FR 2311, 84 FR 2314, 84 FR
2326, 84 FR 10389, 84 FR 12665, 84 FR 16320, 84 FR 16333, 84 FR 21393,
84 FR 21397, 84 FR 21401, 84 FR 23629, 84 FR 27688, 84 FR 33801, 84 FR
46088, 84 FR 47038, 84 FR 47045, 84 FR 47047, 84 FR 47052, 84 FR 47057,
84 FR 52160, 84 FR 52166, 84 FR 58437, 84 FR 66444):

Michael K. Adams (OH)
Harold D. Albrecht (IL)
Jawad K. Al-Shaibani (AZ)
Scott R. Barber (IL)
Edmund J. Barron (PA)
Michael R. Bradford (MD)
Ronald G. Bradley (IN)
Steven R. Brinegar (TX)
Kevin W. Cannon (TX)
Roger C. Carson (IN)
Sherman W. Clapper (ID)
Glenn E. Coombes (TX)
Jimmie E. Curtis (NM)
Paul W. Dawson (CO)
Brandon G. Dills (NC)
Timothy H. DuBois (MN)
Raymond C. Favreau (VT)
Kevin M. Finn (NY)
Ronald D. Flanery (KY)
Andrew G. Fornsel (NY)
Ronald R. Fournier (NY)
Kamal A. Gaddah (OH)
Leslie W. Good (OR)
Danny G. Goodman (TX)
David N. Groff (PA)
Harlan L. Gunter (VA)
James P. Guth (PA)
Refugio Haro (IL)
Tyrane Harper (AL)
James W. Harris (TX)
Kevin L. Harrison (TN)
Brett K. Hasty (GA)
Larry R. Hayes (KS)
Jerome A. Henderson (VA)
Stephen T. Hines (NJ)
Wesley D. Hogue (AR)
Steven P. Holden (MD)
Tommie T. Hudson (VA)
Edgar A. Ideler (IL)
Michael W. Ireland (MA)
Johnny L. Irvin (MS)
Wayne E. Jakob (IL)
Gregory R. Johnson (SC)
Harry L. Jones (OH)
James A. Jones (MD)
Thomas W. Kent (IN)
Ibrahim F. Khashan (GA)
Mark V. Kneib (MO)
Earney J. Knox (MO)
Russell P. Kosinko (PA)
Roosevelt Lawson (AL)
Louis R. LeMonds (WA)
Stephen M. Lovell (TX)
Michael M. Martinez (NM)
Jonathan D. Matlasz (CT)
Joe L. Meredith, Jr. (VA)
Anthony R. Miles (NV)
Vincent P. Miller (CA)
William H. Moore (AL)
Benny R. Morris (WV)
Robert A. Moss (MO)
Jay C. Naccarato (WA)
Kenneth L. Nau (MD)
Edward P. Paloskey (PA)
Armando F. Pedroso Jimenez (MN)
Gonzalo Pena (FL)
Bobby G. Pool, Sr. (TX)
Edward J. Puto (CT)
Barry L. Pylant (GA)
Scott K. Richardson (OH)
Thomas E. Riley (NJ)
Glen E. Robbins (WY)
Elvis E. Rogers, Jr. (TX)
Terrence F. Ryan (FL)
Kirby R. Sands (IA)
William D. Shelt (AL)
Peter M. Shirk (PA)
Charles P. Smith (MO)
Hoyt V. Smith (SC)
Marcial Soto-Rivas (OR)
David A. Stinelli (PA)
James T. Sullivan (KY)
David C. Sybesma (ID)
Curtis M. Tharpe (VA)
Steven M. Veloz (CA)
Forrest L. Wright (AL)
Kurt A. Yoder (OH)

    The drivers were included in docket numbers FMCSA-1999-5578, FMCSA-
2000-7006, FMCSA-2000-7918, FMCSA-2000-8398, FMCSA-2001-9561, FMCSA-
2002-11714, FMCSA-2003-14504, FMCSA-2003-15268, FMCSA-2004-19477,
FMCSA-2005-20560, FMCSA-2006-24783, FMCSA-2006-26653, FMCSA-2007-27333,
FMCSA-2007-27897 FMCSA-2008-0106, FMCSA-2008-0398, FMCSA-2009-0154,
FMCSA-2009-0321, FMCSA-2010-0114, FMCSA-2010-0385, FMCSA-2011-0102,
FMCSA-2011-0124, FMCSA-2011-0140, FMCSA-2011-0142, FMCSA-2012-0039,
FMCSA-2012-0160, FMCSA-2012-0280, FMCSA-2013-0025, FMCSA-2013-0027,
FMCSA-2013-0166, FMCSA-2013-0169, FMCSA-2014-0003, FMCSA-2014-0007,
FMCSA-2014-0011, FMCSA-2014-0298, FMCSA-2014-0300, FMCSA-2014-0301,
FMCSA-2014-0305, FMCSA-2015-0049, FMCSA-2015-0052, FMCSA-2015-0053,
FMCSA-2015-0055, FMCSA-2016-0207, FMCSA-2017-0014, FMCSA-2017-0017,
FMCSA-2017-0019, FMCSA-2017-0022, FMCSA-2017-0023, FMCSA-2018-0208,
FMCSA-2019-0005, FMCSA-2019-0008, FMCSA-2019-0009, FMCSA-2019-0011,
FMCSA-2019-0013, and FMCSA-2019-0015. Their exemptions are applicable
as of November 1, 2021 and will expire on November 1, 2023.
    As of November 3, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 40445, 76 FR 53710, 78 FR
34143, 78 FR 52602, 79 FR 4531, 80 FR 50917, 80 FR 59230, 81 FR 1284,
82 FR 32919, 82 FR 47312, 83 FR 3861, 84 FR 52585):

Walter A. Hanselman (IN)
Amos S. Hostetter (OH)
Michael A. Kelly (TX)
Jesse A. Nosbush (MN)
Danny L. Watson (TN)

    The drivers were included in docket numbers FMCSA-2011-0141, FMCSA-
2013-0029, and FMCSA-2015-0056. Their exemptions are applicable as of
November 3, 2021 and will expire on November 3, 2023.
    As of November 6, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (74 FR 43217, 74
FR 57551, 76 FR 18824, 76 FR 29024, 76 FR 66123, 78 FR 77782, 79 FR
24298, 80 FR 63869, 83 FR 3861, 84 FR 52585):

Steven R. Lechtenberg (NE)
Jesse R. McClary, Sr. (MO)
Halman Smith (DE)

    The drivers were included in docket numbers FMCSA-2009-0206 and
FMCSA-2011-0057. Their exemptions

are applicable as of November 6, 2021 and will expire on November 6,
2023.
    As of November 28, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (72 FR 58362, 72 FR 67344, 74 FR
57553, 76 FR 70212, 80 FR 63869, 83 FR 3861, 84 FR 52585):

Robert W. Bequeaith (IA)
Loren H. Geiken (SD)
Amilton T. Monteiro (MA)
David G. Oakley (SC)

    The drivers were included in docket number FMCSA-2007-29019. Their
exemptions are applicable as of November 28, 2021 and will expire on
November 28, 2023.
    As of November 30, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (64 FR 27027, 64
FR 40404, 64 FR 51568, 64 FR 66962, 66 FR 63289, 68 FR 64944, 70 FR
67776, 72 FR 64273, 74 FR 62632, 76 FR 70215, 78 FR 64280, 80 FR 63869,
83 FR 3861, 84 FR 52585):

Terry J. Aldridge (MS)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)

    The drivers were included in docket numbers FMCSA-1999-5578 and
FMCSA-1999-5748. Their exemptions are applicable as of November 30,
2021 and will expire on November 30, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 102 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-22711 Filed 10-18-21; 8:45 am]
BILLING CODE 4910-EX-P