[Federal Register: August 4, 2009 (Volume 74, Number 148)]
[Rules and Regulations]
[Page 38536-38544]
[DOCID:fr04au09-12]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0033; FRL-8939-7]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. This revision establishes
budget trading programs for nitrogen oxides (NOX) annual, NOx ozone
season, and sulfur dioxides (SO2) annual emissions to
address the requirements of EPA's Clean Air Interstate Rule (CAIR), and
recodifies and revises provisions pertaining to internal combustion
engines and cement kilns that are subject to the NOX SIP Call. West
Virginia will meet its CAIR requirements by participating in the EPA-
administered regional cap-and-trade program for NOX annual, NOX ozone
season, and SO2 annual emissions. EPA is determining that
the SIP revision fully implements the CAIR requirements for West
Virginia. Although the D.C. Circuit found CAIR to be flawed, the rule
was remanded without vacatur and thus remains in place. Thus, EPA is
continuing to take action on CAIR SIPs as appropriate. CAIR, as
promulgated, requires States to reduce emissions of SO2 and
NOX that significantly contribute to, or interfere with maintenance of,
the national ambient air quality standards (NAAQS) for fine
particulates and/or ozone in any downwind State. CAIR establishes
budgets for SO2 and NOX for States that
contribute significantly to nonattainment in downwind States and
requires the significantly contributing States to submit SIP revisions
that implement these budgets. States have the flexibility to choose
which control measures to adopt to achieve the budgets, including
participation in EPA-administered cap-and-trade programs addressing
SO2, NOX annual, and NOX ozone season
emissions. In the SIP revision that EPA is approving, West Virginia
will meet CAIR requirements by participating in these cap-and-trade
programs. EPA is approving the SIP revision, as interpreted and
clarified herein, as fully implementing the CAIR requirements for West
Virginia. Consequently, this action will also cause the CAIR Federal
Implementation Plans (CAIR FIPs) concerning SO2,
NOX annual, and NOX ozone season emissions by
West Virginia sources to be automatically withdrawn.

DATES: Effective Date: The final rule is effective on August 4, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0033. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 601 57th Street, SE., Charleston, WV 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Did EPA Propose?
II. Summary of West Virginia SIP Revision
III. Final Action
IV. What Is the Effective Date?
V. Statutory and Executive Order Reviews

I. What Action Did EPA Propose?

    On June 11, 2009 (74 FR 27731), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. The NPR proposed
approval of a revision to the West Virginia SIP that

addresses EPA's CAIR requirements and recodifies and revises provisions
pertaining to internal combustion engines and cement kilns that are
subject to the NOX SIP Call. The formal SIP revision was submitted by
West Virginia on April 22, 2008.

II. Summary of West Virginia SIP Revision

    On April 22, 2008, the West Virginia Department of Environmental
Protection (WVDEP) submitted a full CAIR SIP revision to meet the
requirements of CAIR, which was promulgated on May 12, 2005 (70 FR
25162), and subsequently revised on April 28, 2006, and December 13,
2006. The SIP revision is comprised of new regulations as follows:
45CSR39--NOX Annual Trading Program; 45CSR40--NOx Ozone Season Trading
Program; and 40CSR41--SO2 Annual Trading Program. The
regulations address all the requirements of the part 96 model rules set
forth in the May 12, 2005 CAIR rulemaking.
    On June 11, 2009 (74 FR 27731), EPA published a notice of proposed
rulemaking (NPR) to approve West Virginia's CAIR SIP revision. A
detailed discussion of the CAIR requirements, the CAIR history
(including the CAIR remand), West Virginia's CAIR submittal, and EPA's
rationale for approval of West Virginia's CAIR SIP revision may be
found in the NPR and will not be repeated here. The NPR also includes a
discussion of the recodification and revisions pertaining to internal
combustion engines and cement kilns that are subject to the NOX SIP
Call.
    On June 11, 2009, EPA received a comment from the West Virginia
Department of Environmental Protection noting that the amount of
Compliance Supplement Pool allowances in the NPR was incorrect. This
comment was addressed by a correction notice published on July 6, 2009
(74 FR 31904).

III. Final Action

    EPA is approving West Virginia's CAIR SIP revision submitted on
April 22, 2008. Under the SIP revision, West Virginia will participate
in the EPA-administered cap-and-trade programs for NOX annual, NOX
ozone season, and SO2 annual emissions. The SIP revision
meets the applicable requirements in 40 CFR 51.123(o) and (aa), with
regard to NOX annual and NOX ozone season
emissions, and 40 CFR 51.124(o), with regard to SO2
emissions. As a consequence of the SIP approval, the CAIR FIPs for West
Virginia are automatically withdrawn, in accordance with the automatic
withdrawal provisions of EPA's November 2, 2007 rulemaking (72 FR
62338). The automatic withdrawal is reflected in the rule text that
accompanies this notice and deletes and reserves the provisions in Part
52 that establish the CAIR FIPs for West Virginia sources. EPA is also
approving the recodification and revisions to West Virginia provisions
pertaining to internal combustion engines and cement kilns.

IV. What Is the Effective Date?

    EPA finds that there is good cause for this approval to become
effective upon publication because a delayed effective date is
unnecessary due to the nature of the approval, which allows the State,
as indicated in the NPR for this rulemaking, to include its non-
electric generating units, implement its allowance allocations and
remove the opt in provisions of the FIP. The expedited effective date
for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction'' and section 5 U.S.C. 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.''
    CAIR SIP approvals relieve states and CAIR sources within states
from being subject to provisions in the CAIR FIPs that otherwise would
apply to them, allowing states to implement CAIR based on their SIP-
approved State rule. The relief from these obligations is sufficient
reason to allow an expedited effective date of this rule under 5 U.S.C.
553(d)(1). In addition, West Virginia's relief from these obligations
provides good cause to make this rule effective immediately upon
publication, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule relieves
obligations rather than imposes obligations, affected parties, such as
the State of West Virginia and CAIR sources within the State, do not
need time to adjust and prepare before the rule takes effect.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 5, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action.
    This action to approve West Virginia's CAIR rules may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: July 22, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by:
0
a. Adding entries for Sections 45-39-1 through 45-39-8, 45-39-10
through 45-39-15, 45-39-20 through 45-39-24, 45-39-43, 45-39-51 through
45-39-57, 45-39-60 through 45-39-62, and 45-39-70 through 45-39-75, 45-
39-90.
0
b. Revising the entries for 45-39-40, 45-39-41, and 45-39-42.
0
c. Adding entries for 45-40-1 through 45-40-8, 45-40-10 through 45-40-
15, 45-40-20 through 45-40-24, 45-40-43, 45-40-51 through 45-40-57, 45-
40-60 through 45-40-62, 45-40-70 through 45-40-75, and 45-40-90 through
45-40-110.
0
d. Revising the entries for 45-40-40, 45-40-41, and 45-40-42.
0
e. Adding entries at the end of the table for 45-41-1 through 45-41-8,
45-41-10 through 45-41-15, 45-41-20 through 45-41-24, 45-41-51 through
45-41-57, 45-41-60 through 45-41-62, 45-41-70 through 45-41-75, and 45-
41-90.
    The amendment reads as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
 State citation [Chapter 16-20                                State                              explanation/
           or 45 CSR]                  Title/subject        effective    EPA approval date    citation at 40 CFR
                                                               date                                52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport of Fine Particle
                                           Matter and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-39-1................  General.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-2................  Definitions.............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-3................  Measurements,                  5/1/08  8/4/09 [Insert page
                                  Abbreviations and                      number where the
                                  Acronyms.                              document begins].
Section 45-39-4................  Applicability...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-5................  Retired Unit Exemptions.       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-6................  Standard Requirements...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-7................  Computation of Time.....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-8................  Appeal Procedures.......       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-10...............  Authorization and              5/1/08  8/4/09 [Insert page
                                  Responsibilities of the                number where the
                                  CAIR Designated                        document begins].
                                  Representative.

Section 45-39-11...............  Alternate CAIR                 5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative.                        document begins].
Section 45-39-12...............  Changing the CAIR              5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  Alternate CAIR
                                  Designated
                                  Representative; Changes
                                  in Owners and Operators.
Section 45-39-13...............  Certificate of                 5/1/08  8/4/09 [Insert page
                                  Representation.                        number where the
                                                                         document begins].
Section 45-39-14...............  Objections Concerning          5/1/08  8/4/09 [Insert page
                                  the CAIR Designated                    number where the
                                  Representative.                        document begins].
Section 45-39-15...............  Delegation by CAIR             5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  alternate CAIR
                                  Designated
                                  Representative.
Section 45-39-20...............  General CAIR NOX Annual        5/1/08  8/4/09 [Insert page
                                  Trading Program Permit                 number where the
                                  Requirements.                          document begins].
Section 45-39-21...............  Submission of CAIR             5/1/08  8/4/09 [Insert page
                                  Permit Applications.                   number where the
                                                                         document begins].
Section 45-39-22...............  Information Requirements       5/1/08  8/4/09 [Insert page
                                  for CAIR Permit                        number where the
                                  Applications.                          document begins].
Section 45-39-23...............  CAIR Permit Contents and       5/1/08  8/4/09 [Insert page
                                  Term.                                  number where the
                                                                         document begins].
Section 45-39-24...............  CAIR Permit Revisions...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-40...............  CAIR NOX Annual Trading        5/1/08  8/4/09 [Insert page  Adding annual
                                  Budget.                                number where the     trading budget for
                                                                         document begins].    2015 and
                                                                                thereafter.
Section 45-39-41...............  Timing Requirements for        5/1/08  8/4/09 [Insert page  Adding requirements
                                  CAIR NOX Annual                        number where the     that apply to 2015
                                  Allowance Allocations.                 document begins].    and thereafter.
Section 45-39-42...............  CAIR NOX Annual                5/1/08  8/4/09 [Insert page  Adding requirements
                                  Allowance Allocations.                 number where the     that apply to 2015
                                                                         document begins].    and thereafter.
Section 45-39-43...............  Compliance Supplement          5/1/08  8/4/09 [Insert page
                                  Pool.                                  number where the
                                                                         document begins].
Section 45-39-51...............  Establishment of               5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-39-52...............  Responsibilities of CAIR       5/1/08  8/4/09 [Insert page
                                  Authorized Account                     number where the
                                  Representative.                        document begins].
Section 45-39-53...............  Recordation of CAIR NOX        5/1/08  8/4/09 [Insert page
                                  Annual Allowance                       number where the
                                  Allocations.                           document begins].
Section 45-39-54...............  Compliance with CAIR NOX       5/1/08  8/4/09 [Insert page
                                  Emissions Limitation.                  number where the
                                                                         document begins].
Section 45-39-55...............  Banking.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-56...............  Account Error...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-57...............  Closing of General             5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-39-60...............  Submission of CAIR NOX         5/1/08  8/4/09 [Insert page
                                  Annual Allowance                       number where the
                                  Transfers.                             document begins].
Section 45-39-61...............  U.S. EPA Recordation....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].

Section 45-39-62...............  Notification............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-70...............  General Monitoring and         5/1/08  8/4/09 [Insert page
                                  Reporting Requirements.                number where the
                                                                         document begins].
Section 45-39-71...............  Initial Certification          5/1/08  8/4/09 [Insert page
                                  and Recertification                    number where the
                                  Procedures.                            document begins].
Section 45-39-72...............  Out of Control Periods..       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-73...............  Notifications...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-74...............  Recordkeeping and              5/1/08  8/4/09 [Insert page
                                  Reporting.                             number where the
                                                                         document begins].
Section 45-39-75...............  Petitions...............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-39-90...............  Inconsistency Between          5/1/08  8/4/09 [Insert page
                                  Rules.                                 number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------
  [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions To Mitigate Interstate Transport of Ozone
                                               and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-40-1................  General.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-2................  Definitions.............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-3................  Measurements,                  5/1/08  8/4/09 [Insert page
                                  Abbreviations and                      number where the
                                  Acronyms.                              document begins].
Section 45-40-4................  Applicability...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-5................  Retired Unit Exemption..       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-6................  Standard Requirements...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-7................  Computation of Time.....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-8................  Appeal Procedures.......       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-10...............  Authorization and              5/1/08  8/4/09 [Insert page
                                  Responsibilities of the                number where the
                                  CAIR Designated                        document begins].
                                  Representative.
Section 45-40-11...............  Alternate CAIR                 5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative.                        document begins].
Section 45-40-12...............  Changing the CAIR              5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  Alternate CAIR
                                  Designated
                                  Representative; Changes
                                  in Owners and Operators.
Section 45-40-13...............  Certificate of                 5/1/08  8/4/09 [Insert page
                                  Representation.                        number where the
                                                                         document begins].
Section 45-40-14...............  Objections Concerning          5/1/08  8/4/09 [Insert page
                                  the CAIR Designated                    number where the
                                  Representative.                        document begins].
Section 45-40-15...............  Delegation by CAIR             5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  alternate CAIR
                                  Designated
                                  Representative.

Section 45-40-20...............  General CAIR NOX Ozone         5/1/08  8/4/09 [Insert page
                                  Season Trading Program                 number where the
                                  Permit Requirements.                   document begins].
Section 45-40-21...............  Submission of CAIR             5/1/08  8/4/09 [Insert page
                                  Permit Applications.                   number where the
                                                                         document begins].
Section 45-40-22...............  Information Requirements       5/1/08  8/4/09 [Insert page
                                  for CAIR Permit                        number where the
                                  Applications.                          document begins].
Section 45-40-23...............  CAIR Permit Contents and       5/1/08  8/4/09 [Insert page
                                  Term.                                  number where the
                                                                         document begins].
Section 45-40-24...............  CAIR Permit Revisions...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-40...............  CAIR NOX Ozone Season          5/1/08  8/4/09 [Insert page  Adding ozone season
                                  Trading Budget.                        number where the     trading budget for
                                                                         document begins].    2015 and
                                                                                thereafter, and
                                                                                non-EGU budget.
Section 45-40-41...............  Timing Requirements for        5/1/08  8/4/09 [Insert page  Adding requirements
                                  CAIR NOX Ozone Season                  number where the     that apply to 2015
                                  Allowance Allocations.                 document begins].    and thereafter.
Section 45-40-42...............  CAIR NOX Ozone Season          5/1/08  8/4/09 [Insert page  Adding requirements
                                  Allowance Allocations.                 number where the     that apply to 2015
                                                                         document begins].    and thereafter.
Section 45-40-43...............  CAIR NOX Ozone Season          5/1/08  8/4/09 [Insert page
                                  Allowance Allocation                   number where the
                                  for PPG Unit 002.                      document begins].
Section 45-40-51...............  Establishment of               5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-40-52...............  Responsibilities of CAIR       5/1/08  8/4/09 [Insert page
                                  Authorized Account                     number where the
                                  Representative.                        document begins].
Section 45-40-53...............  Recordation of CAIR NOX        5/1/08  8/4/09 [Insert page
                                  Ozone Season Allowance                 number where the
                                  Allocations.                           document begins].
Section 45-40-54...............  Compliance with CAIR NOX       5/1/08  8/4/09 [Insert page
                                  Emissions Limitation.                  number where the
                                                                         document begins].
Section 45-40-55...............  Banking.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-56...............  Account Error...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-57...............  Closing of General             5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-40-60...............  Submission of CAIR NOX         5/1/08  8/4/09 [Insert page
                                  Ozone Season Allowance                 number where the
                                  Transfers.                             document begins].
Section 45-40-61...............  U.S. EPA Recordation....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-62...............  Notification............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-70...............  General Monitoring and         5/1/08  8/4/09 [Insert page
                                  Reporting Requirements.                number where the
                                                                         document begins].
Section 45-40-71...............  Initial Certification          5/1/08  8/4/09 [Insert page
                                  and Recertification                    number where the
                                  Procedures.                            document begins].
Section 45-40-72...............  Out of Control Periods..       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-73...............  Notifications...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].

Section 45-40-74...............  Recordkeeping and              5/1/08  8/4/09 [Insert page
                                  Reporting.                             number where the
                                                                         document begins].
Section 45-40-75...............  Petitions...............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-40-90...............  Ozone Season NOX               5/1/08  8/4/09 [Insert page
                                  Reduction Requirements                 number where the
                                  for Stationary Internal                document begins].
                                  Combustion Engines.
Section 45-40-100..............  Ozone Season NOX               5/1/08  8/4/09 [Insert page
                                  Reduction Requirements                 number where the
                                  for Emissions of NOX                   document begins].
                                  from Cement
                                  Manufacturing Kilns.
Section 45-40-110..............  Inconsistency Between          5/1/08  8/4/09 [Insert page
                                  Rules.                                 number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------
    [45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions To Mitigate Interstate Transport of Sulfur
                                                     Dioxide
----------------------------------------------------------------------------------------------------------------
Section 45-41-1................  General.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-2................  Definitions.............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-3................  Measurements,                  5/1/08  8/4/09 [Insert page
                                  Abbreviations and                      number where the
                                  Acronyms.                              document begins].
Section 45-41-4................  Applicability...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-5................  Retired Unit Exemption..       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-6................  Standard Requirements...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-7................  Computation of Time.....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-8................  Appeal Procedures.......       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-10...............  Authorization and              5/1/08  8/4/09 [Insert page
                                  Responsibilities of the                number where the
                                  CAIR Designated                        document begins].
                                  Representative.
Section 45-41-11...............  Alternate CAIR                 5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative.                        document begins].
Section 45-41-12...............  Changing the CAIR              5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  Alternate CAIR
                                  Designated
                                  Representative; Changes
                                  in Owners and Operators.
Section 45-41-13...............  Certificate of                 5/1/08  8/4/09 [Insert page
                                  Representation.                        number where the
                                                                         document begins].
Section 45-41-14...............  Objections Concerning          5/1/08  8/4/09 [Insert page
                                  the CAIR Designated                    number where the
                                  Representative.                        document begins].
Section 45-41-15...............  Delegation by CAIR             5/1/08  8/4/09 [Insert page
                                  Designated                             number where the
                                  Representative and                     document begins].
                                  alternate CAIR
                                  Designated
                                  Representative.
Section 45-41-20...............  General CAIR SO2 Trading       5/1/08  8/4/09 [Insert page
                                  Program Permit                         number where the
                                  Requirements.                          document begins].
Section 45-41-21...............  Submission of CAIR             5/1/08  8/4/09 [Insert page
                                  Permit Applications.                   number where the
                                                                         document begins].
Section 45-41-22...............  Information Requirements       5/1/08  8/4/09 [Insert page
                                  for CAIR Permit                        number where the
                                  Applications.                          document begins].

Section 45-41-23...............  CAIR Permit Contents and       5/1/08  8/4/09 [Insert page
                                  Term.                                  number where the
                                                                         document begins].
Section 45-41-24...............  CAIR Permit Revisions...       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-51...............  Establishment of               5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-41-52...............  Responsibilities of CAIR       5/1/08  8/4/09 [Insert page
                                  Authorized Account                     number where the
                                  Representative.                        document begins].
Section 45-41-53...............  Recordation of CAIR SO2        5/1/08  8/4/09 [Insert page
                                  Allowances.                            number where the
                                                                         document begins].
Section 45-41-54...............  Compliance with CAIR SO2       5/1/08  8/4/09 [Insert page
                                  Emission Limitation.                   number where the
                                                                         document begins].
Section 45-41-55...............  Banking.................       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-56...............  Account Error...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-57...............  Closing of General             5/1/08  8/4/09 [Insert page
                                  Accounts.                              number where the
                                                                         document begins].
Section 45-41-60...............  Submission of CAIR SO2         5/1/08  8/4/09 [Insert page
                                  Allowance Transfers.                   number where the
                                                                         document begins].
Section 45-41-61...............  U.S. EPA Recordation....       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-62...............  Notification............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-70...............  General Monitoring and         5/1/08  8/4/09 [Insert page
                                  Reporting Requirements.                number where the
                                                                         document begins].
Section 45-41-71...............  Initial Certification          5/1/08  8/4/09 [Insert page
                                  and Recertification                    number where the
                                  Procedures.                            document begins].
Section 45-41-72...............  Out of Control Periods..       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-73...............  Notifications...........       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-74...............  Recordkeeping and              5/1/08  8/4/09 [Insert page
                                  Reporting.                             number where the
                                                                         document begins].
Section 45-41-75...............  Petitions...............       5/1/08  8/4/09 [Insert page
                                                                         number where the
                                                                         document begins].
Section 45-41-90...............  Inconsistency Between          5/1/08  8/4/09 [Insert page
                                  Rules.                                 number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  52.2540  [Removed and Reserved]

0
3. Section 52.2540 is removed and reserved.

Sec.  52.2541  [Removed and Reserved]

0
4. Section 52.2541 is removed and reserved.

[FR Doc. E9-18536 Filed 8-3-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Proposed Rules]
[Pages 38956-38958]
[FR Doc No: 2010-16528]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0670; Directorate Identifier 2009-SW-42-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France (ECF) Model SA330F,
G, and J; and AS332C, L, L1, and L2 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
specified ECF model helicopters. This proposed AD results from a
mandatory continuing airworthiness information (MCAI) AD issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI AD states
that EASA received a report of a rear hinged door on a Model AS332L1
helicopter opening in flight without loss of the door. Examinations
revealed incorrect positioning of a door catch that resulted in
incorrect locking and uncontrolled opening of the door. This condition,
if not detected and corrected, can lead to the loss of the hinged door
in flight, damage to the main or tail rotor blades, and subsequent loss
of control of the helicopter.

DATES: We must receive comments on this proposed AD by August 6, 2010.

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.
    You may get the service information identified in this proposed AD
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie,
TX 75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at
http://www.eurocopter.com.
    Examining the Docket: You may examine the AD docket on the Internet

at http://www.regulations.gov or in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is
stated in the ADDRESSES section of this proposal. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Gary Roach,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations
and Guidance Group, 2601 Meacham Blvd, Fort Worth, Texas 76137,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written data, views, or arguments about
this proposed AD. Send your comments to an address listed in the
ADDRESSES section of this proposal. Include ``Docket No. FAA-2010-0670;
Directorate Identifier 2009-SW-42-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD No. 2009-0015, dated January 21,
2009, to correct an unsafe condition for the specified ECF model
helicopters.
    The MCAI AD states that EASA received a report of a rear hinged
door on a Model AS332L1 helicopter opening in flight without loss of
the door. Examinations revealed incorrect positioning of a door catch
that ``induced incorrect locking and resulted in uncontrolled opening
of the door.'' This condition, if not detected and corrected, can lead
to the loss of the hinged door in flight, damage to the main or tail
rotor blades, and subsequent loss of control of the helicopter.
    You may obtain further information by examining the MCAI AD and any
related service information in the AD docket.

Related Service Information

    ECF has issued Alert Service Bulletin (ASB) Nos. 52.13 for the
SA330F, G, and J helicopters, and 52.00.38 for the AS332C, C1, L, L1,
and L2 helicopters, both ASBs dated December 1, 2008. The ASBs specify
inspecting the upper and lower catches of the hinged doors to ensure
the catches are correctly positioned. The actions described in the MCAI
AD are intended to correct the unsafe condition identified in the
service information. The AS332C1 is not type certificated in the United
States.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, their Technical Agent, has
notified us of the unsafe condition described in the MCAI AD. We are
proposing this AD because we evaluated all information provided by EASA
and determined the unsafe condition exists and is likely to exist or
develop on other helicopters of these same type designs. This proposed
AD would require the following:
     Within the next 220 hours time-in-service (TIS) or 6
months, whichever occurs first, inspecting the positioning of each
lower and upper door catch.
     If any door catch is improperly installed, before further
flight, replacing the affected catch, adjusting the micro-switches, and
doing a functional test of the hinged door indicating system.
    The requirements would be done by following the specified portions
of the ASBs.

Differences Between This AD and the MCAI AD

    We refer to flight hours as hours TIS. This AD does not apply to
the Model AS332C1 because that model is not FAA type certificated.

Costs of Compliance

    We estimate that this proposed AD would affect about 10 helicopters
of U.S. registry. We also estimate that it would take about 2 work-
hours per helicopter to inspect each door catch for correct position of
the door hinges, replace an affected catch, adjust the micro-switches
of the hinged door, and do a functional test. The average labor rate is
$85 per work-hour. The cost of the required parts is minimal. Based on
these figures, we estimate the cost of the proposed AD on U.S.
operators would be $1,700.

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 product(s) 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.
    Therefore, I certify this proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

EUROCOPTER FRANCE: FAA-2010-0670; Directorate Identifier 2009-SW-42-
AD.

Comments Due Date

    (a) We must receive your comments by August 6, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model SA330F, G, J, and AS332C, L, L1,
and L2 helicopters, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD
states that EASA received a report of a rear hinged door on a Model
AS332L1 helicopter opening in flight without loss of the door.
Examinations revealed incorrect positioning of a door catch that
resulted in incorrect locking and uncontrolled opening of the door.
This condition, if not detected and corrected, can lead to the loss
of the hinged door in flight, damage to the main or tail rotor
blades, and subsequent loss of control of the helicopter.

Actions and Compliance

    (e) Required as indicated.
    (1) Within the next 220 hours time-in-service (TIS) or 6 months,
whichever occurs first, unless done previously, inspect the position
of each upper and lower door catch:
    (i) As depicted in Figures 1 through 4 and by following the
Accomplishment Instructions, Table 1 of paragraph 2.B.2., of Alert
Service Bulletin (ASB) No. 52.13, dated December 1, 2008 (ASB 52.13)
for the Model SA330F, G, and J helicopters, or
    (ii) As depicted in Figures 1 through 5 and by following the
Accomplishment Instructions, Table 1 of paragraph 2.B.2. of ASB No.
52.00.38, dated December 1, 2008 (ASB 52.00.38) for the Model
AS332C, L, L1, and L2 helicopters.
    (2) Before further flight, replace each improperly positioned
catch by following the Accomplishment Instructions, paragraphs
2.B.3. and 2.B.4., of ASB 52.13 or ASB 52.00.38, as appropriate for
your model helicopter.
    (3) Before further flight, adjust each micro-switch, and conduct
a functional test of the hinged-door indicating system:
    (i) By following the Accomplishment Instructions, paragraph
2.B.5. and 2.B.6., of ASB 52.13, for the Model SA330F, G, and J
helicopters, or
    (ii) By following the Accomplishment Instructions, paragraph
2.B.5.a. through 2.B.5.b. of ASB 52.00.38 for the Model AS332C, L,
L1, and L2 helicopters.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours TIS. This AD does not
apply to the Model AS332C1 because that model is not FAA type
certificated.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, ATTN: DOT/FAA Southwest Region, Gary Roach,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate,
Regulations and Guidance Group, 2601 Meacham Blvd, Fort Worth, Texas
76137, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) EASA MCAI AD No. 2009-0015, dated January 21, 2009, contains
related information.

Joint Aircraft System/Component (JASC) Code

    (i) The JASC Code is 5200: Doors.

    Issued in Fort Worth, Texas, on June 11, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-16528 Filed 7-6-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32652-32654]
[DOCID:fr13jn07-71]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0283; FRL-8132-8]

Nitrapyrin; Notice of Receipt of Request to Voluntarily Cancel
Nitrapyrin Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
the registration of a product containing the pesticide nitrapyrin.
Nitrapyrin is used to delay nitrification of ammonia and urea nitrogen
fertilizer compositions in the soil by controlling the nitrification
process. The request would terminate one of three remaining nitrapyrin
end-use products registered for use in the United States. EPA intends
to grant this request at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the request, or
unless the registrant withdraws its request within this period. Upon
acceptance of this request, any sale, distribution, or use of the
product listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before July 13, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0283, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0283. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov

website is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jude Andreasen, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests to Cancel Registrations

    This notice announces receipt by EPA of a written request dated
April 13, 2007 from Dow AgroSciences, one of two registrants of
nitrapyrin, to cancel one nitrapyrin product registration. Nitrapyrin
is a nitrification inhibitor. A list of the affected product is
provided in Table 1. There are two other end-use nytrapyrin products
registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant
to cancel one nitrapyrin product registration. The affected product and
the registrant making the request are identified in Table 1 and Table 2
of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    Dow AgroSciences, a nitrapyrin registrant, in a letter dated April
26, 2007, has requested that EPA waive the 180-day comment period. EPA
will provide a 30-day comment period on the proposed request.
    Unless the request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registration.

  Table 1.-- Nitrapyrin Product Registration with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
62719-019                         N-Serve 24E         Dow AgroSciences
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the product listed in Table 1 of this unit.

          Table 2--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
62719                                       Dow AgroSciences
                                            9330 Zionsville Road
                                            Indianapolis, IN 46248-1054
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Nitrapyrin

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before July 13, 2007. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to this request for cancellation of
a product registration, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
identified or referenced in Table 1: The registrant will be allowed to
sell and distribute the subject products for two years from the date
that the cancellations are made final. In addition, existing stocks of
nitrapyrin N-Serve 24E may be sold or used until they are depleted.
    If the request for voluntary cancellation is granted as discussed
above, the Agency intends to issue a cancellation order that will allow
persons other than the registrant to continue to sell and/or use
existing stocks of cancelled products until such stocks are exhausted,
provided that such use is consistent with the terms of the previously
approved labeling on, or that accompanied, the cancelled product. The
order will specifically prohibit any use of existing stocks that is not
consistent with such previously approved labeling. If, as the Agency
currently intends, the final cancellation order contains the existing
stocks provision just described, the order will be sent only to the
affected registrants of the cancelled products. If the Agency
determines that the final cancellation order should contain existing
stocks provisions different than the ones just described, the Agency
will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 30, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-11210 Filed 6-12-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11411-11413]
[FR Doc No: 2018-05049]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0986; Airspace Docket No. 17-ANM-16]

Amendment of Class D and Class E Airspace; Lewiston, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This actions amends controlled airspace at Lewiston-Nez Perce
County Airport, Lewiston, ID, by enlarging Class D airspace, and Class
E surface airspace, and reducing Class E airspace designated as an
extension, and Class E airspace extending upward from 700 feet above
the surface. Also, this action removes the part-time Notice to Airmen
(NOTAM) status from Class E airspace designated as an extension.
Additionally, an editorial change is made to the legal descriptions
replacing ``Airport/Facility Directory'' with the term ``Chart
Supplement''. This action enhances safety and management of instrument
flight rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class D and E airspace at Lewiston-Nez Perce County
Airport, Lewiston, ID, in support of IFR operations at the airport.

History

    The FAA published in the Federal Register (82 FR 57558; December 6,
2017) for Docket FAA-2017-0986, a notice of proposed rulemaking to
modify Class D airspace, Class E surface area airspace, Class E
airspace designated as an extension, and Class E airspace extending
upward from 700 feet above the surface at Lewiston-Nez Perce County
Airport, Lewiston, ID. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. One comment was received.

Discussion of Comments

    The commenter objected to the expansion of Class D airspace based
on a belief that the FAA erred in calculating the Class D area radius
as described in FAA Order 7400.2K, Procedures for Handling Airspace
Matters, Chapter 17, Figure 17-2-1, specifically by enlarging the Class
D area from a 4.1-mile radius to a 4.3-mile radius. After a second
review, the FAA agrees a 4.1-mile radius for some areas of the Class D
is sufficient. The proposed enlargement of Class D airspace to a 4.3-
mile radius was not based on Figure 17-2-1, but instead was intended to
contain all IFR circling aircraft utilizing an expanded circling
approach maneuvering airspace radius. After a second review the FAA has
determined the proposed Class D airspace east, southeast, and west
would adequately contain the circling aircraft. The FAA will therefore
preserve Class D airspace within a 4.1-mile radius of the airport where
additional airspace is not required.

    The commenter also objected to the proposed expansion of Class D
airspace greater than 2 miles beyond the 4.1-mile radius based on FAA
Order 7400.2K paragraph 17-2-7 (d) ARRIVAL EXTENSIONS, stating all
extensions should be Class E. The FAA does not agree. The proposed
expansion areas of Class D airspace east, southeast, and west are not
arrival extensions, but are designed to contain the specific departure
procedures for the airport in accordance with paragraph 17-2-6
DEPARTURES. The expanded areas are therefore a part of the Class D and
should not be Class E extensions.
    The commenter also states that ``Class D should be a basic round
circle''. The FAA does not agree. Paragraph 17-2-1 CONFIGURATION states
that the Class D size and shape may vary to allow for safe and
efficient handling of operations, and must be sized to contain the
intended operations. Use of a basic circle of Class D airspace would
result in an excessive degree of airspace restriction. The shape of the
proposed Class D airspace area is designed to contain the existing IFR
operations at the airport with a minimum of airspace restriction,
thereby protecting the public's right to freedom of transit.
    Lastly, the commenter suggests the FAA has not complied with
paragraph 17-1-2, REGIONAL/SERVICE AREA OFFICE EVALUATION, by failing
to follow the policies and procedures within FAA Order 7400.2L. The FAA
does not agree. The proposed airspace modifications were designed based
on the requirements contained within FAA Order 7400.2L. This action by
its very nature is intended to ensure the airspace configuration at
Lewiston-Nez Perce County Airport, Lewiston, ID is in compliance with
FAA policies and guidelines.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11B, dated
August 3, 2017, and effective September 15, 2017, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class D airspace, Class E airspace designated as a
surface area, Class E airspace designated as an extension, and Class E
airspace extending upward from 700 feet above the surface at Lewiston-
Nez Perce County Airport, Lewiston, ID. This airspace redesign is
necessary for the safety and management of instrument flight rules
operations at the airport.
    Class D and Class E surface area airspace are amended to within a
4.1-mile radius of the airport (no change) from the airport 290[deg]
bearing clockwise to the airport 066[deg] bearing; and within a 5.1-
mile radius of the airport (from the 4.1-mile radius) from the airport
066[deg] bearing clockwise to the airport 115[deg] bearing; and within
a 6.6-mile radius of the airport (from the 4.1-mile radius) from the
airport 115[deg] bearing clockwise to the airport 164[deg] bearing; and
within a 4.3-mile radius of the airport (from the 4.1-mile radius) from
the airport 164[deg] bearing clockwise to the airport 230[deg] bearing;
and within a 6.6-mile radius of the airport (from the 4.1-mile radius)
from the airport 230[deg] bearing clockwise to the airport 290[deg]
bearing. Also, the class D airspace extending upward from the surface
is reduced to up to and including 2,700 feet MSL (from 3,900 feet).
    Class E airspace designated as an extension is modified to within
1.0 mile each side of the 100[deg] bearing from the airport extending
from the 5.1-mile radius of the airport to 7.9 miles east of the
airport (from 2.7 miles each side of the Lewiston-Nez Perce ILS
localizer course extending from the 4.1-mile radius of the airport to
14 miles east), and within 1.0 mile each side of the 313[deg] bearing
from the airport extending from the airport 4.1-mile radius to 6.1
miles northwest of the airport (from 3.5 miles each side of the Nez
Perce VOR/DME 266[deg] radial extending from the 4.1-mile radius of the
airport to 13.1 miles west of the airport). Also, the part-time Notice
to Airmen (NOTAM) status is removed.
    Class E airspace extending upward from 700 feet above the surface
is modified to within a 6.3-mile radius of the airport, and within 8.5
miles north and 4.3 miles south of the airport 099[deg] and 279[deg]
bearings extending to 27.8 miles east and 22.5 miles west of the
airport (from an irregularly shaped polygon generally extending to 19
miles northeast, 24 miles east, 19 miles southeast, and 25 miles west).
    Additionally, this action replaces the term ``Airport/Facility
Directory'' with the term ``Chart Supplement'' in the Class D and Class
E surface airspace.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and

effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM ID D Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N, long. 117[deg]00'55'' W)

    That airspace extending upward from the surface to and including
2,700 feet MSL within a 4.1-mile radius from Lewiston-Nez Perce
County Airport clockwise from the airport 290[deg] bearing to the
066[deg] bearing, and within a 5.1-mile radius of the airport from
the 066[deg] bearing to the airport 115[deg] bearing and within a
6.6-mile radius of the airport from the 115[deg] bearing to the
airport 164[deg] bearing, and within a 4.1-mile radius of the
airport from the airport 164[deg] bearing to the airport 230[deg]
bearing, and within a 6.6-mile radius of the airport from the
230[deg] bearing to the airport 290[deg] bearing. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ANM ID E2 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N, long. 117[deg]00'55'' W)

    That airspace extending upward from the surface within a 4.1-
mile radius from the Lewiston-Nez Perce County Airport clockwise
from the airport 290[deg] bearing to the 066[deg] bearing, and
within a 5.1-mile radius of the airport from the 066[deg] bearing to
the airport 115[deg] bearing and within a 6.6-mile radius of the
airport from the 115[deg] bearing to the airport 164[deg] bearing,
and within a 4.1-mile radius of the airport from the airport
164[deg] bearing to the airport 230[deg] bearing, and within a 6.6-
mile radius of the airport from the 230[deg] bearing to the airport
290[deg] bearing. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area

* * * * *

ANM ID E4 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N, long. 117[deg]00'55'' W)

    That airspace within one mile each side of the 100[deg] bearing
from the Lewiston-Nez Perce County Airport extending from the
airport 5.1-mile radius to 7.9 miles east of the airport, and within
1.0 mile each side of the 313[deg] bearing from the airport
extending from the airport 4.1-mile radius to 6.1 miles northwest of
the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ANM ID E5 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N, long. 117[deg]00'55'' W)

    That airspace upward from 700 feet above the surface within a
6.3-mile radius of Lewiston-Nez Perce County Airport, and within 8.5
miles north and 4.3 miles south of the airport 099[deg] and 279[deg]
bearings extending to 27.8 miles east and 22.5 miles west of the
airport; that airspace extending upward from 1,200 feet above the
surface within a 62-mile radius of the Lewiston-Nez Perce County
Airport, and within 24 miles each side of the 056[deg] bearing from
the airport extending from the 62-mile radius to 92 miles northeast
of the airport.

    Issued in Seattle, Washington, on March 5, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-05049 Filed 3-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54957]
[DOCID:fr09se10-138]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 97 applications from individuals
who requested an exemption from the Federal vision standard applicable
to interstate truck and bus drivers and the reasons for the denials.
FMCSA has statutory authority to exempt individuals from the vision
requirement if the exemptions granted will not compromise safety. The
Agency has concluded that granting these exemptions does not provide a
level of safety that will be equivalent to, or greater than, the level
of safety maintained without the exemptions for these commercial motor
vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director Medical
Programs,<PHONE_NUMBER>, U.S. Department of Transportation, FMCSA,
1200 New Jersey Avenue, SE., Room W64-224, Washington, DC 20590-0001.
Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal vision standard for a renewable 2-year period if it
finds ``such an exemption would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent such an exemption.'' The procedures for requesting an exemption
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 97 individual exemption requests on
their merit and made a determination that these applicants do not
satisfy the criteria eligibility or meet the terms and conditions of
the Federal exemption program. Each applicant has, prior to this
Notice, received a letter of final disposition on his/her exemption
request. Those decision letters fully outlined the basis for the denial
and constitute final Agency action. The list published today summarizes
the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by
periodically publishing names and reasons for denial.
    The following 7 applicants lacked sufficient driving experience
during the 3-year period prior to the date of their application:

Larry Cornelius, William M. Dunn, Thomas C. Furcht, Michael E. Herrera,
Jr., William Moore, Steve Scriven, Carey A. Willoughby

    The following 15 applicants had no experience operating a CMV:

Leon Andrews, Clay Burns, Tracy E. Duke, James R. Gladden, Yi D. Guo,
Eric G. Harmann, Meridith J. Karppinen, Jackson D. Mason, Thomas G.
Moffett, Kenneth Olsen, Gabriel A. Oubre, Chris Patton, Carlos Quezada,
Angelina Rayes, David G. Stringer

    The following 27 applicants did not have 3 years of experience
driving a CMV on public highways with the vision deficiency:

James R. Bodine, Robert L. Borsh, Larry E. Carter, Albert M. DiVella,
Steven Gahart, Martin E. Holden, Lee J. Hollister, Steven M. Keller,
Jr., Ray V. Kuhaneck, Christopher Love, Frank S. Martinez, William M.
Mercer, Ronald S. Milkowski, Noel V. Munoz, Curtis A. Norris, John P.
O'Day, William Offord, Paul C. Pallini, Jerry L. Parks, Douglas L.
Peterson, Charles D. Settles, Raeford W. Sink, William J. Statts,
Robert D. Swaite, Edwin Treloar, Jr., Ronald Turner, Brent Wheeler, Jr

    The following 12 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency:

Ale Algarra, Lee S. Angelo, Eli J. Borkholder, Steven Keyes, Scott
Murphy, Dennis R. Overman, Michael J. Peschong, Harry W. Richards,
David Smith, Jeffrey M. Thorpe, Charles Watts, Donald Wright

    The following 10 applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions:

Rick A. Ervin, Stephen P. Goodall, John R. Kelly, Osvaldo R. Maldonado,
Frank G. Merrill, Alberto Mireles, Jr., Montie Price, Daniel R. Rosas,
David M. Sims, Stephen W. Verrette

    One applicant, Albert D. Agardi, had more than 2 commercial motor
vehicle violations during the 3-year review period and/or application
process. Each applicant is only allowed 2 moving citations.
    One applicant, William R. Hammond, had commercial driver's license
suspensions during the 3-year review period for moving violations.
Applicants do not qualify for an exemption with a suspension during the
3-year period.
    One applicant, John L. Broadway, had 2 serious commercial motor
vehicle violations within a 3-year period. Each applicant is only
allowed a total of 2 moving citations, 1, which can be serious.
    One applicant, Kerrie L. Smith, did not have verifiable proof of
commercial driving experience over the past 3 years under normal
highway operating conditions that would serve as an adequate predictor
of future safe performance.
    The following 3 applicants did not hold a license which allowed
operation of vehicles over 10,000 pounds for all or part of the 3-year
period:
Adam O. Carson, Joe H. Saine, Joseph W. Schmit.
    One applicant, James McKnight, did not have an Optometrist/
Ophthalmologist willing to state that he is able to operate a
commercial vehicle safely with his vision deficiency.
    The following 10 applicants were denied for miscellaneous/multiple
reasons:

Carl H. Block, Robert D. Fink, Felix M. Gonzalez, William A. Green,
Tina L. Hernandez, Ramon L. Suarez, Clarence Taylor, Reginald D.
Taylor, Ricky A. Teel, Jr., Cardell F. Thomas

    One applicant, William A. Rochester, was disqualified for holding 2
commercial driver's licenses simultaneously.
    One applicant, Soledad R. Martinez, did not meet the vision
standard in his better eye.
    The following 6 applicants met the current federal vision
standards. Exemptions are not required for these applicants that meet
the current regulations for vision:

A. B. Brown, Ryan M. Cook, Brian R. Hastins, Terry A. Jordan, Daniel
Provencio, Keith Snyder.

    Issued on: August 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-22538 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P