From:  DECIOCCIO, CHRIS M<EMAIL_ADDRESS>Sent: Thursday, April 13, 2017 2:15 PM To:  <EMAIL_ADDRESS>Cc: Jones, DonnaLee; BATTEN, KATIE M Subject:  ICR testing dates

Jeff,

As previously mentioned and as noted in the protocol for Consent Decree (CD) required testing submitted on February 27, 2017, GECC will be conducting testing at a bypass vent stack pursuant to an Information Collection Request (ICR) issued by USEPA.  The purpose of the ICR is to collect data for the Residual Risk and Technology Review of MACT CCCCC and MACT L.  The testing will be conducted in May, starting on or about May 3, 2017, in conjunction with the CD required testing.  Please let me know if you have any questions or wish to observe any of the testing.

Thank you,

Chris DeCioccio Environmental Manager

2585 Edwardsville Road Granite City, IL 62040 (618) 512-4918 Office (618) 610-5731 Cell


[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Page 16848]
[FR Doc No: 2013-06258]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-78-000.
    Applicants: Plains End LLC, Plains End II, LLC, Rathdrum Power,
LLC.
    Description: Application of Plains End, LLC, et al. under FPA 203
and Requesting Expedited Treatment.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5223.
    Comments Due: 5 p.m. ET 3/29/13.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG13-18-000.
    Applicants: Goldthwaite Wind Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Goldthwaite Wind Energy LLC.
    Filed Date: 3/7/13.
    Accession Number: 20130307-5125.
    Comments Due: 5 p.m. ET 3/28/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1059-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: Amendment to Exhibit A of WDAT Service
Agreement with SCE-RAP for CREST to be effective 5/8/2013.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5174.
    Comments Due: 5 p.m. ET 3/29/13.

    Docket Numbers: ER13-1060-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.13(a)(2)(iii: 2013-03-08 Transmission
Constraint Relaxation to be effective 5/10/2013.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5189.
    Comments Due: 5 p.m. ET 3/29/13.

    Docket Numbers: ER13-1061-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to Attachment H--Addendum 6--Lincoln
Electric System to be effective 1/1/2013.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5190.
    Comments Due: 5 p.m. ET 3/29/13.

    Docket Numbers: ER13-1062-000.
    Applicants: Copper Mountain Solar 1, LLC.
    Description: Copper Mountain Solar 1, LLC submits tariff filing per
35.13(a)(2)(iii: Copper Mountain Solar 1 LLC Joint Use Amendment to be
effective 4/25/2013.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5191.
    Comments Due: 5 p.m. ET 3/29/13.

    Docket Numbers: ER13-1063-000.
    Applicants: Copper Mountain Solar 2, LLC.
    Description: Copper Mountain Solar 2, LLC submits tariff filing per
35.13(a)(2)(iii: Copper Mountain Solar 2 LLC Concurrence to Joint Use
Amendment to be effective 4/25/2013.
    Filed Date: 3/8/13.
    Accession Number: 20130308-5194.
    Comments Due: 5 p.m. ET 3/29/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 11, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-06258 Filed 3-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31966-31967]
[FR Doc No: 2013-12579]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: [FEMA-2013-0019] OMB No. 1660-0110]

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on an extension, without change, of a currently approved
information collection. In accordance with the Paperwork Reduction Act
of 1995, this notice seeks comments concerning the information
collection activities for the Urban Areas Security Initiative (UASI)
Nonprofit Security Grant Program (NSGP).

DATES: Comments must be submitted on or before July 29, 2013.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2013-0019. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., Washington, DC 20472-3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Angel McLaurine-Qualls, Program
Specialist, FEMA, Grant Programs Directorate,<PHONE_NUMBER>. You may
contact the Records Management Division for copies of the proposed
collection of information at facsimile number<PHONE_NUMBER> or email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FEMA's Urban Areas Security Initiative
(UASI) Nonprofit Security Grant Program (NSGP) provides funding support
for target hardening activities to nonprofit organizations that are
determined by the Secretary of Homeland Security to be at high risk of
terrorist attack. The collection of information for the UASI Nonprofit
Security Grant Program is mandated by Section 2003 of the Homeland
Security Act of 2002, 6 U.S.C. 604, as amended by Section 101, Title I
of the Implementing Recommendations of the 9/11

Commission Act of 2007, Public Law 110-53.

Collection of Information

    Title: FEMA Preparedness Grants: Urban Areas Security Initiative
(UASI) Nonprofit Security Grant Program (NSGP).
    OMB Number: 1660-0110.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    FEMA Forms: FEMA Form 089-25, NSGP Investment Justification
Template; FEMA Form 089-24, NSGP Prioritization of the Investment
Justifications.
    Abstract: The NSGP is an important tool among a comprehensive set
of measures to help strengthen the Nation against risks associated with
potential terrorist attacks. FEMA uses the information to evaluate
applicants' familiarity with the national preparedness architecture and
identify how elements of this architecture have been incorporated into
regional/state/local planning, operations, and investments. Information
collected provides narrative details on proposed activities
(Investments) that will be accomplished with grant funds and
prioritizes the list of applicants from each requesting State. This
program is designed to promote coordination and collaboration in
emergency preparedness activities among public and private community
representatives, State and local government agencies, and Citizen Corps
Councils.
    Affected Public: Not-for-profit Institutions; State, Local or
Tribal Government.
    Number of Respondents: 1,133.
    Number of Responses: 1,133.
    Estimated Total Annual Burden Hours: 94,875 hours.

                                                 Table A.12--Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Avg.        Total
                                                       Number of      Number of       Total      burden per     annual        Avg.        Total annual
       Type of respondent         Form name/Form No.  respondents   responses per   number of     response   burden  (in     hourly     respondent  cost
                                                                     respondent     responses    (in hours)     hours)    wage  rate*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Not-for-profit Institutions.....  NSGP Investment           1,100               1        1,100           84       92,400       $37.09      $3,427,116.00
                                   Justification
                                   Template/FEMA
                                   Form 089-25.
State, Local or Tribal            NSGP                         33               1           33           75        2,475        48.13         119,121.75
 Government.                       Prioritization of
                                   the Investment
                                   Justifications/
                                   FEMA Form 089-24.
                                                     ---------------------------------------------------------------------------------------------------
    Total.......................  ..................        1,133  ..............        1,133  ...........       94,875  ...........       3,546,237.70
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: The ``Avg. Hourly Wage Rate'' for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $3,546,237.70. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$388,618.70.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: May 20, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-12579 Filed 5-24-13; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22699-22700]
[FR Doc No: 2019-10175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0037; Airspace Docket No. 19-ACE-2]
RIN 2120-AA66

Amendment of Class E Airspace; Denison, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Denison Municipal Airport, Denison, IA.
This action is due to the decommissioning of the Denison non-
directional radio beacon (NDB). Additionally, the geographic
coordinates are being updated to coincide with the FAA's aeronautical
database.

DATES: Effective 0901 UTC, August 15, 2019. 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 7400.11C, 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 FAA Order 7400.11C 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: John Witucki, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 amends Class E airspace extending upward from 700 feet above the
surface at Denison Municipal Airport in support of standard instrument
approach procedures for IFR operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 5622; February 22, 2019) for Docket No. FAA-2019-0037
to amend Class E airspace extending upward from 700 feet above the
surface at Denison Municipal Airport. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class 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 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by:
    Modifying the Class E airspace extending upward from 700 feet above
the surface within a 6.5-mile radius of Denison Municipal Airport,
Denison, IA and within 2.0 miles each side of the 124[deg] bearing from
the Denison Municipal Airport extending from the 6.5-mile radius to
10.9 miles southeast of the airport. This action is necessary due to
the decommissioning of the Denison NDB and for the safety and
management of instrument flight rules (IFR) operations at the airport.
Additionally, the geographic coordinates are being updated to coincide
with the FAA's aeronautical database.

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, does 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 5-6.5.a. 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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

ACE IA E5 Denison, IA [Amended]

Denison Municipal Airport, IA
    (Lat. 41[deg]59'12'' N, long. 95[deg]22'50'' W).

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Denison Municipal Airport and within 2.0
miles, each side of the 124[deg] bearing from the Denison Municipal
Airport extending from the 6.5-mile radius to 10.9 miles southeast
of the airport.

    Issued in Fort Worth, Texas, on May 9, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-10175 Filed 5-17-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63051-63053]
[FR Doc No: 2016-22048]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-8832; Special Conditions No. 25-638-SC]

Special Conditions: Lufthansa Technik, AG, Boeing Model 737-700
Airplanes; Large, Non-Structural Glass in the Passenger Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for Boeing Model 737-700
airplanes. This airplane, as modified by Lufthansa Technik, AG
(Lufthansa), will have a novel or unusual design feature when compared
to the state of technology envisioned in the airworthiness standards
for transport-category airplanes. This design feature is large, non-
structural glass panels in the passenger compartment of Very Important
Person (VIP) interiors of Model 737-700 airplanes modified by
Lufthansa. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Lufthansa on September 14, 2016. We
must receive your comments by October 31, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-8832
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Shelden, Airframe and Cabin
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2785; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
    In addition, the substance of these special conditions has been
subjected to the notice and comment period in several prior instances,
and has been

derived without substantive change from those previously issued. The
FAA made changes for clarity in response to one recent comment on
similar special conditions. It is unlikely that prior public comment
would result in a significant change from the substance contained
herein. Therefore, because a delay would significantly affect the
certification of the airplane, which is imminent, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On October 15, 2015, Lufthansa applied for a supplemental type
certificate to install a VIP interior and cabin system, which includes
installation of large, non-structural glass panels in the passenger
compartment of Boeing Model 737-700 airplanes. This airplane is a twin-
jet engine, transport-category airplane. The airplane seating
accommodates 34 passengers, 5 cabin crewmembers, and 4 flightcrew
members. Maximum takeoff weight is 171,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Lufthansa must show that the Boeing Model 737-700
airplane, as changed, continues to meet the applicable provisions of
the regulations listed in Type Certificate No. A16WE, or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-700 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-700 airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 737-700 airplane, as modified by Lufthansa, will
incorporate a novel or unusual design feature associated with a VIP
interior and cabin system, which is the installation of large, non-
structural glass panels in the passenger compartment.

Discussion

    No specific regulations address the design and installation of
large glass components in airplane passenger cabins. Existing
requirements, such as Sec. Sec.  25.561, 25.562, 25.601, 25.603,
25.613, 25.775, and 25.789, provide some design standards appropriate
for large glass component installations. However, additional design
standards for non-structural glass augmenting the existing design are
needed to complement the existing requirements. The addition of glass
involved in this installation, and the potentially unsafe conditions
caused by damage to such components from external sources, necessitate
assuring that adequate safety standards are applied to the design and
installation of the feature in Boeing Model 737-700 airplanes.
    For purposes of these special conditions, a large glass component
is defined as a glass component weighing 4 kg (9 lbs) or more.
Groupings of glass items that individually weigh less than 4 kg, but
collectively weigh 4 kg or more, also would need to be included. These
special conditions also apply when showing compliance with the
applicable performance standards in the regulations for the
installation of these components. For example, heat-release and smoke-
density testing must not result in fragmentation of the component.
    The use of glass has resulted in trade-offs between the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency--and the negative aspects of the
material, such as extreme notch-sensitivity, low fracture resistance,
low modulus of elasticity, and highly variable properties. While
reasonably strong, glass is nonetheless not a desirable material for
traditional airplane applications because it is heavy (about the same
density as aluminum), and when it fails, it breaks into extremely sharp
fragments that have the potential for injury and have been known to be
lethal. Likewise, the use of glass traditionally has been limited to
windshields, and instrument and display transparencies. The regulations
for certification of transport-category airplanes only address, and
thus only recognize, the use of glass in windshield or window
applications. These regulations do address the adverse properties of
glass, but even so, pilots are occasionally injured from shattered
glass windshields. FAA policy allows glass on instruments and display
transparencies.
    Other installations of large, non-structural glass items have
included the following:
     Glass panels integrated onto a stairway handrail closeout.
     Glass panels mounted in doors to allow visibility through
the door when desired.
     Glass doors on some galley compartments containing small
amounts of service items.
    These special conditions will reduce the hazards from breakage, or
from these panels' potential separation from the cabin interior.
    The FAA recently received comments on proposed special conditions
similar to the special conditions in this document. Notice of Proposed
Special Conditions no. 25-16-03-SC, for Lufthansa modifications to the
Boeing Model 747-8 airplane, was published in the Federal Register on
February 25, 2016 (81 FR 9363). The Boeing Company provided comments to
that notice by letter no. B-H020-REG-16-TLM-17, dated March 24, 2016.
The first comment referred to the first two conditions in Notice no.
25-16-03-SC, and recommended revising the text in special condition no.
2 to more clearly define how it is different from special condition no.
1. We agreed that those two conditions could be addressed with a single
test, so we combined those two conditions into a single condition,
special condition no. 1, for clarity. This document also reflects that
change.

    Boeing commented that the load conditions in special condition no.
4, in Notice no. 25-16-03-SC, which corresponds to special condition
no. 3 in this document, should include all flight and landing loads,
rather than only emergency landing. These special conditions are in
addition to the load requirements in the certification basis for the
glass installation, rather than in lieu of the load requirements. Thus,
is it not necessary to repeat that all of these loads apply to this
installation. The emergency-landing load condition is not normally
applied to installations of this type, but for the use of large glass
in the cabin, we determined that this additional safety standard is
necessary. We made no changes to special condition number 3 in response
to the Boeing comments.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to
Boeing Model 737-700 airplanes modified by Lufthansa. Should Lufthansa
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A16WE to incorporate the
same novel or unusual design feature, these special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

0
The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 737-700 airplanes
modified by Lufthansa.
    1. Material Fragmentation--The applicant must use tempered or
otherwise treated glass to ensure that, when fractured, the glass
breaks into small pieces with relatively dull edges. The glass
component installation must retain all glass fragments to minimize the
danger from flying glass shards or pieces. The applicant must
demonstrate this characteristic by impact and puncture testing, and
testing to failure. The applicant may conduct this test with or without
any glass coating that may be utilized in the design.
    2. Strength--In addition to meeting the load requirements for all
flight and landing loads, including any of the applicable emergency-
landing conditions in subparts C & D of 14 CFR part 25, the glass
components that are located such that they are not protected from
contact with cabin occupants must not fail due to abusive loading, such
as impact from occupants stumbling into, leaning against, sitting on,
or performing other intentional or unintentional forceful contact with
the glass component. The applicant must assess the effect of design
details such as geometric discontinuities or surface finish, including
but not limited to embossing and etching.
    3. Retention--The glass component, as installed in the airplane,
must not come free of its restraint or mounting system in the event of
an emergency landing, considering both the directional loading and
resulting rebound conditions. The applicant must assess the effect of
design details such as geometric discontinuities or surface finish,
including but not limited to embossing and etching.
    4. Instruction for Continued Airworthiness--The instructions for
continued airworthiness must reflect the glass-panel fastening method
used, and must ensure the reliability of the methods used (e.g., life
limit of adhesives, or clamp connection). Inspection methods and
intervals must be defined based upon adhesion data from the
manufacturer of the adhesive, or actual adhesion test data, if
necessary.

    Issued in Renton, Washington, on September 7, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2016-22048 Filed 9-13-16; 8:45 am]
 BILLING CODE 4910-13-P


                               \s \* MERGEFORMAT
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

                                                     OFFICE OF CHEMICAL SAFETY
                                                                                AND POLLUTION PREVENTION

MEMORANDUM

DATE:  	12/28/2010

SUBJECT:	Fluoxastrobin:  Chronic Dietary (Food and Drinking Water) Exposure Assessments for the Section 3 Registration Action use on Squash/Cucumber Subgroup 9B.

PC Code:  028869
DP Barcode: 380847
Decision No.: 433137
Registration No.: 66330-64
Petition No.: NA
Regulatory Action: Section 3 Registration
Risk Assessment Type: Dietary
Case No.: NA
TXR No.: NA
CAS No.: 361377-29-9
MRID No.: NA
40 CFR:   §180.609

REVIEWER:	Cassi L. Walls, Ph.D, Senior Biologist
            Risk Assessment Branch III
            Health Effects Division (7509P)

THROUGH:	Mohsen Sahafeyan, Chemist
		Donna Davis, Chemist
            Dietary Exposure Science Advisory Council (DESAC)
            Health Effects Division (7509P)

TO:		Nancy Tsaur, Risk Assessor
		Risk Assessment Branch III
		Health Effects Division (7509P)

		Tony Kish, RM Team #22
		Registration Division (7505P)

Executive Summary

Chronic dietary (food and drinking water) exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model (DEEM-FCID(TM), Version 2.03), which uses food consumption data from the U.S. Department of Agriculture's Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  The analyses were performed to support new uses on crop subgroup 9B.

Acute Dietary Exposure Results and Characterization:

No toxic effects attributable to a single exposure to fluoxastrobin have been identified; therefore, an acute reference dose (aRfD) has not been established and an acute dietary exposure assessment was not conducted.

Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization

A conservative dietary exposure assessment was performed for fluoxastrobin.  The assumptions of this dietary assessment included tolerance level residues and 100% crop treated (CT).  Estimated drinking water concentration (EDWC) values were also incorporated.  The estimated surface water concentration was incorporated directly into the dietary assessment using the 1-in-10 yr annual mean of 53 ug/L (DP379114, 384377).  The results of the chronic dietary analysis for food and drinking water are below the Agency's level of concern for all population subgroups.  The dietary exposure for food and water is estimated at 22% of the chronic Population Adjusted Dose (cPAD) for the general U.S. population and 47%, of the cPAD for children 1-2 yrs, the population subgroup with the highest estimated chronic dietary exposure to fluoxastrobin.

Cancer Dietary Exposure Results and Characterization

The Cancer Assessment Review Committee (CARC) recently concluded that fluoxastrobin is "not likely to be carcinogenic to humans;" therefore, cancer risk is not of concern.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to the reference dose point of departure (POD, NOAEL, LOAEL) divided by the required uncertainty and safety factors.

For acute and non-cancer chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  HED is generally concerned when estimated cancer risk exceeds one in one million.  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  "Available Information on Assessing Exposure from Pesticides, A User's Guide," 6/21/2000, web link:  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf; or see SOP 99.6 (8/20/99).

The last dietary risk assessment for fluoxastrobin was conducted by M. Negussie (01/22/2010, DP367050).  This dietary assessment is an update to the January 2010 fluoxastrobin dietary assessment to include the proposed new uses on squash/cucumber Subgroup 9B.

II.     Residue Information

Fluoxastrobin is a fungicide used for the control of fungal diseases in tuberous and corm vegetables, fruiting vegetables, the leaf petiole vegetables, peanuts, sweet corn, wheat, as a seed treatment for potato and peanut, and as a soilborne/seedling disease control.

The residues of concern in primary crops, rotational crops, and livestock, for tolerance enforcement and risk assessment are as follows: primary crops/rotational crops fluoxastrobin and its Z-isomer, livestock- fluoxastrobin, its Z-isomer and 6-(2-chlorophenoxy)-5-fluoro-4-pyrimidinol ( DP289106, W. Wassell, 01/25/2005).  Table 1 is a summary of the current food tolerances, Table 2 is a summary of pending tolerances, and Table 3 is a summary of the proposed tolerances for fluoxastrobin.

As stated above, Arysta is requesting the establishment of tolerances for fluoxastrobin for the new use on squash/cucumber Subgroup 9B.  HED recommends a food tolerance 0.50 ppm for residues of fluoxastrobin resulting from the proposed new use on squash/cucumbers (DP380846, M. Negussie, 11/17/2010).

TABLE 1. 	Summary of Current Tolerances for Fluoxastrobin
Commodity
                                Tolerance (ppm)
40 CFR §180.609(a)(1)
Berry, low growing, subgroup 13-07G
                                      1.9
Leaf petioles, subgroup 4B
                                      4.0
Soybean seed
                                     0.05
Tomato paste
                                      1.5
Vegetable, fruiting, group 8
                                      1.0
Vegetable, tuberous and corm, subgroup 1C
                                     0.01
40 CFR §180.609(a)(2)
Cattle, fat
Goat, fat
Horse, fat
Sheep, fat
                                     0.10
Cattle, meat
Goat, meat
Horse, meat
Sheep, meat
                                     0.05
Milk
                                     0.02
Milk, fat
                                     0.50

TABLE 2. 	Summary of Pending Tolerance for Fluoxastrobin
Commodity
                                Tolerance (ppm)
40 CFR §180.609(a)(1)
Corn, sweet, kernels plus cobs with husks removed (K+CWHR)
                                     0.01
Wheat, grain
                                     0.09
Wheat, bran
                                     0.15
Peanut*
                                     0.02
Peanut, refined oil*
                                     0.06
40 CFR §180.609(a)(2)
Cattle, meat byproducts*
Goat, meat byproducts
Horse, meat byproducts
Sheep, meat byproducts
                                     0.20
* Note that the current 40 CFR §180.609(a)(1) and (2) lists different tolerances for these commodities.   The tolerances listed in this table differ because the registrant provided additional data and requested tolerances for new uses that can be fed to livestock which affected the livestock commodity residues.  These tolerances are still pending. Detailed information on these data can be found in the previous dietary assessment (DP367050, M. Negussie, 01/22/2010).

TABLE 3. 	Summary of Proposed Tolerance for Fluoxastrobin
Commodity
                                Tolerance (ppm)
40 CFR §180.609(a)(1)
Squash/cucumber Subgroup 9B
                                     0.50

Residue Data used for Chronic Assessments:

Current, pending, and proposed tolerance level residues and 100% CT were used for all commodities included in the assessment.  Based on processing studies, the processing factors for tomato puree, potato, chips, dried potato (granules/flakes), and potato, flour were reduced to 1.  Separate tolerances were set for peanut oil, wheat bran and tomato paste; therefore, the processing factors for these commodities were set at 1 (DP289106, W.D. Wassell, 01/25/2005).  For all other processed commodities, DEEM version 7.81 default processing factors were assumed.

Residue values used for chronic assessments are listed in Tables 1, 2, and 3 while the processing factors are listed in Table 4.

TABLE 4.     Processing Factors (PF) for Fluoxastrobin Dietary Risk Assessment.
                              Processed Commodity
                                      PF
                                    Source
Beef, meat, dried
                                     1.92
DEEM Default
Corn grain, sugar/hfcs
                                      1.5
DEEM Default
Cranberries, juice
                                      1.1
DEEM Default
Peanut, butter
                                     1.89
DEEM Default
Peanut, oil
                                      1.0
Tolerance for peanut, oil accounts for processing.
Potato, dried and flour
                                      1.0
Processing Study
Tomato, dried
                                     14.3
DEEM Default
Tomato, juice
                                      1.5
DEEM Default
Tomato, paste
                                      1.0
Tolerance for tomato, paste accounts for processing.
Tomato, puree
                                      1.0
Processing Study
Wheat, bran
                                      1.0
Tolerance for wheat, bran accounts for processing.

III.     Drinking Water Data

The drinking water residues used in the dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED) (DP379114 and 384377, R. Bohaty, 12/15/10) and incorporated directly into this dietary assessment.  Water residues were incorporated in the DEEM-FCID into the food categories "water, direct, all sources" and "water, indirect, all sources."

Tier II EDWCs in surface water were estimated using PRZM/EXAMS while Tier I EDWCs in groundwater were estimated using the SCI-GROW Model.  The chronic Tier II EDWCs for the new use on squash/cucumbers are significantly lower (12 ug/L) than the exposures calculated based on the revised existing fluoxastrobin use on turf (53 ug/L).  The revised turf use provided the most conservative EDWC and was used in this assessment.

Fluoxastrobin EDWCs were estimated using the turf use based on an application interval of 7 days and total application rate of 2.2 lb ai/A resulting from 4 applications of 0.55 lb ai/A.  The currently approved label and the proposed label for fluoxastrobin allow for a 7 day application interval on turf.  Table 5 provides an updated Tier II EDWCs for turf in surface water.  In the chronic analysis, the 1- in 10 year peak surface water value of 53 ppb was used.  The models and their descriptions are available at the EPA internet site: http://www.epa.gov/oppefed1/models/water/.

TABLE 5.      Tier II EDWCs of Fluoxastrobin in surface water.

                                 Crop Scenario
         PRZM/EXAMS Estimated Concentrations in Surface Water (ug/L)

                       1-in-10 year Annual Peak (Acute)
                      1-in-10 year Annual Mean (Chronic)
                              30 year annual mean
                                   (Cancer)
Turf use
                                     60.7
                                     52.9
                                     23.5

IV.	DEEM-FCID(TM) Program and Consumption Information

Fluoxastrobin chronic dietary exposure assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID(TM), Version 2.03), which incorporates consumption data from USDA's Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods "as consumed" (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.  Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.     Toxicological Information

The toxicity endpoints pertinent for human dietary risk assessment are summarized in Table 6.

TABLE 6.  Summary of Toxicological Doses and Endpoints for Fluoxastrobin for Use in Dietary Exposure Risk Assessments
Exposure/
Scenario
                    Dose Used in Risk        Assessment, UF
FQPA SF and Endpoint for Risk Assessment
Study and Toxicological Effects
Acute Dietary (General Population)
No acute endpoint was identified for the general population.
Acute Dietary
(Females 13-49 years of age)

No acute endpoint was identified for females 13 to 49 years old.
Chronic Dietary all Populations
NOAEL = 1.5 mg/kg/day
UF = 100
Chronic RfD =
0.015 mg/kg/day
FQPA SF = 1X
cPAD = chronic RfD
              FQPA SF
= 0.015 mg/kg/day
Chronic toxicity study with dogs.
LOAEL = M/F:8.1/7.7 mg/kg/day based on body weight reductions and hepatocytomegaly and cytoplasmic changes associated with increased serum liver alkaline phosphatase indicative of cholestasis.

Cancer (oral, dermal, inhalation)
Classification: Not likely to be carcinogenic to humans.
NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level. UF = uncertainity factor.  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.

VI.	Results/Discussion

As stated above, for acute and chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID(TM) analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 7  are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years.

Results of Chronic Dietary Exposure Analysis

The results of the aggregate chronic dietary analysis for food and drinking water are below the Agency's level of concern (<100% cPAD) for the general U.S. population (19% cPAD) and all population subgroups.  The most highly exposed population subgroup is children 1-2 yrs at 47% of the cPAD.  The results of the chronic dietary exposure analyses are reported in Table 7 below.

Table 7.  Result of Acute and Chronic Dietary Exposure and Risk Estimates for Fluoxastrobin
                              Population Subgroup
                                PAD, mg/kg/day
                             DEEM-FCID (food only)
                          DEEM-FCID (food and water)

                              Exposure, mg/kg/day
                                     % PAD
                              Exposure, mg/kg/day
                                     %PAD
                           Chronic Dietary Estimates
U.S. Population

                                     0.015
                           0.002154
                                      14
                           0.003269
                                      22
All infants (< 1 yr)

                           0.001470
                                      9.8
                           0.005125
                                      34
Children 1-2 yrs

                           0.005323
                                      36
                           0.006979
                                      47
Children 3-5 yrs

                           0.004553
                                      30
                           0.006103
                                      41
Children 6-12 yrs

                           0.003055
                                      20
                           0.004125
                                      28
Youth 13-19 yrs

                           0.001914
                                      13
                           0.002720
                                      18
Adults 20-49 yrs

                           0.001780
                                      12
                           0.002821
                                      19
Adults 50+ yrs

                           0.001749
                                      12
                           0.002844
                                      19
Females 13-49 yrs

                           0.001728
                                      12
                           0.002765
                                      18

Cancer Dietary Exposure Results and Characterization

As noted above, the HED CARC has recently revisited the cancer classification for fluoxastrobin.  HED has reclassified fluoxastrobin as "not likely to be carcinogenic to humans," therefore cancer risk is not of concern.

VIII.	Characterization of Inputs/Outputs

The chronic dietary risk assessment is conservative.  For this assessment, tolerance level residues and 100% CT were incorporated in the dietary analyses.  Based on processing studies, the processing factors for tomato puree, potato, chips, dried potato (granules/flakes), and potato, flour were reduced to 1.  Separate tolerances were set for peanut oil, wheat bran and tomato paste; therefore, the processing factors for these commodities were set at 1.  For all other processed commodities, DEEM version 7.81 default processing factors were assumed.  The assessment can be refined using percent crop treated information and monitoring data, however, since there are no risks of concern, additional refinement was not required.

Estimated drinking water concentrations for surface water were also incorporated.  The contribution of residues in drinking water to the dietary risk is minimal.

IX.  	Conclusions

 Dietary risks for fluoxastrobin are below HED's level of concern for dietary exposure and risk.  Children 1-2 years old are the most highly exposed population subgroup for chronic exposure, with risks estimates at 47% of the cPAD.  Risks were lower for all other population subgroups, including the general U.S. population which has a %cPAD.  of 22%.  The chronic dietary exposure assessment is not likely to underestimate exposure.

X.	List of Attachments

Attachment 1.  Fluoxastrobin Chronic Dietary Analysis Input File - Food & Water
Attachment 2.  Fluoxastrobin Chronic Dietary Analysis Results - Food & Water
Attachment 3.  Fluoxastrobin Chronic Dietary Analysis Results - Food only

Filename: C:\Documents and Settings\cwalls\My Documents\Cassi\HED\Fluoxastrobin\Fluoxastrobin_tol+water_121510.R98
Chemical: Fluoxastrobin
RfD(Chronic): .015 mg/kg bw/day  NOEL(Chronic): 1.5 mg/kg bw/day
RfD(Acute): 0 mg/kg bw/day  NOEL(Acute):  0 mg/kg bw/day
Date created/last modified: 12-16-2010/15:27:05/8          Program ver. 2.03
Comment: proposed squash/cucumber use, new EDWC
-------------------------------------------------------------------------------
  EPA    Crop                                   Def Res     Adj.Factors   Comment
  Code    Grp  Commodity Name                    (ppm)       #1    #2
-------- ---- -------------------------------  ----------  ------ ------  -----
01030150 1CD  Arrowroot, flour                   0.010000   1.000  1.000
01030151 1CD  Arrowroot, flour-babyfood          0.010000   1.000  1.000
01030170 1CD  Artichoke, Jerusalem               0.010000   1.000  1.000
01030820 1CD  Cassava                            0.010000   1.000  1.000
01030821 1CD  Cassava-babyfood                   0.010000   1.000  1.000
01031390 1CD  Dasheen, corm                      0.010000   1.000  1.000
01031660 1CD  Ginger                             0.010000   1.000  1.000
01031661 1CD  Ginger-babyfood                    0.010000   1.000  1.000
01031670 1CD  Ginger, dried                      0.010000   1.000  1.000
01032960 1C   Potato, chips                      0.010000   1.000  1.000
01032970 1C   Potato, dry (granules/ flakes)     0.010000   1.000  1.000
01032971 1C   Potato, dry (granules/ flakes)-b   0.010000   1.000  1.000
01032980 1C   Potato, flour                      0.010000   1.000  1.000
01032981 1C   Potato, flour-babyfood             0.010000   1.000  1.000
01032990 1C   Potato, tuber, w/peel              0.010000   1.000  1.000
01032991 1C   Potato, tuber, w/peel-babyfood     0.010000   1.000  1.000
01033000 1C   Potato, tuber, w/o peel            0.010000   1.000  1.000
01033001 1C   Potato, tuber, w/o peel-babyfood   0.010000   1.000  1.000
01033660 1CD  Sweet potato                       0.010000   1.000  1.000
01033661 1CD  Sweet potato-babyfood              0.010000   1.000  1.000
01033710 1CD  Tanier, corm                       0.010000   1.000  1.000
01033870 1CD  Turmeric                           0.010000   1.000  1.000
01034060 1CD  Yam, true                          0.010000   1.000  1.000
01034070 1CD  Yam bean                           0.010000   1.000  1.000
04020760 4B   Cardoon                            4.000000   1.000  1.000
04020850 4B   Celery                             4.000000   1.000  1.000
04020851 4B   Celery-babyfood                    4.000000   1.000  1.000
04020860 4B   Celery, juice                      4.000000   1.000  1.000
04020870 4B   Celtuce                            4.000000   1.000  1.000
04021520 4B   Fennel, Florence                   4.000000   1.000  1.000
04023220 4B   Rhubarb                            4.000000   1.000  1.000
04023670 4B   Swiss chard                        4.000000   1.000  1.000
06003470 6    Soybean, seed                      0.050000   1.000  1.000
06003480 6    Soybean, flour                     0.050000   1.000  1.000
06003481 6    Soybean, flour-babyfood            0.050000   1.000  1.000
06003490 6    Soybean, soy milk                  0.050000   1.000  1.000
06003491 6    Soybean, soy milk-babyfood or in   0.050000   1.000  1.000
06003500 6    Soybean, oil                       0.050000   1.000  1.000
06003501 6    Soybean, oil-babyfood              0.050000   1.000  1.000
08001480 8    Eggplant                           1.000000   1.000  1.000
08002340 8    Okra                               1.000000   1.000  1.000
08002700 8    Pepper, bell                       1.000000   1.000  1.000
08002701 8    Pepper, bell-babyfood              1.000000   1.000  1.000
08002710 8    Pepper, bell, dried                1.000000   1.000  1.000
08002711 8    Pepper, bell, dried-babyfood       1.000000   1.000  1.000
08002720 8    Pepper, nonbell                    1.000000   1.000  1.000
08002721 8    Pepper, nonbell-babyfood           1.000000   1.000  1.000
08002730 8    Pepper, nonbell, dried             1.000000   1.000  1.000
08003740 8    Tomatillo                          1.000000   1.000  1.000
08003750 8    Tomato                             1.000000   1.000  1.000
08003751 8    Tomato-babyfood                    1.000000   1.000  1.000
08003760 8    Tomato, paste                      1.500000   1.000  1.000
08003761 8    Tomato, paste-babyfood             1.500000   1.000  1.000
08003770 8    Tomato, puree                      1.000000   1.000  1.000
08003771 8    Tomato, puree-babyfood             1.000000   1.000  1.000
08003780 8    Tomato, dried                      1.000000  14.300  1.000
08003781 8    Tomato, dried-babyfood             1.000000  14.300  1.000
08003790 8    Tomato, juice                      1.000000   1.500  1.000
09020210 9B   Balsam pear                        0.500000   1.000  1.000
09020880 9B   Chayote, fruit                     0.500000   1.000  1.000
09021020 9B   Chinese waxgourd                   0.500000   1.000  1.000
09021350 9B   Cucumber                           0.500000   1.000  1.000
09023080 9B   Pumpkin                            0.500000   1.000  1.000
09023090 9B   Pumpkin, seed                      0.500000   1.000  1.000
09023560 9B   Squash, summer                     0.500000   1.000  1.000
09023561 9B   Squash, summer-babyfood            0.500000   1.000  1.000
09023570 9B   Squash, winter                     0.500000   1.000  1.000
09023571 9B   Squash, winter-babyfood            0.500000   1.000  1.000
13020570 13B  Blueberry                          1.900000   1.000  1.000
13020571 13B  Blueberry-babyfood                 1.900000   1.000  1.000
15001200 15   Corn, field, flour                 0.020000   1.000  1.000
15001201 15   Corn, field, flour-babyfood        0.020000   1.000  1.000
15001210 15   Corn, field, meal                  0.020000   1.000  1.000
15001211 15   Corn, field, meal-babyfood         0.020000   1.000  1.000
15001220 15   Corn, field, bran                  0.020000   1.000  1.000
15001230 15   Corn, field, starch                0.020000   1.000  1.000
15001231 15   Corn, field, starch-babyfood       0.020000   1.000  1.000
15001240 15   Corn, field, syrup                 0.020000   1.500  1.000
15001241 15   Corn, field, syrup-babyfood        0.020000   1.500  1.000
15001250 15   Corn, field, oil                   0.020000   1.000  1.000
15001251 15   Corn, field, oil-babyfood          0.020000   1.000  1.000
15001270 15   Corn, sweet                        0.010000   1.000  1.000  DP#364
          Full comment: DP#364445
15001271 15   Corn, sweet-babyfood               0.010000   1.000  1.000
15004010 15   Wheat, grain                       0.090000   1.000  1.000  DP#364
          Full comment: DP#364445
15004011 15   Wheat, grain-babyfood              0.090000   1.000  1.000  DP#364
          Full comment: DP#364445
15004020 15   Wheat, flour                       0.090000   1.000  1.000  DP#364
          Full comment: DP#364445
15004021 15   Wheat, flour-babyfood              0.090000   1.000  1.000  DP#364
          Full comment: DP#364445
15004030 15   Wheat, germ                        0.090000   1.000  1.000  DP#364
          Full comment: DP#364445
15004040 15   Wheat, bran                        0.150000   1.000  1.000  DP#364
          Full comment: DP#364445
21000440 M    Beef, meat                         0.050000   1.000  1.000
21000441 M    Beef, meat-babyfood                0.050000   1.000  1.000
21000450 M    Beef, meat, dried                  0.050000   1.920  1.000
21000460 M    Beef, meat byproducts              0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
21000461 M    Beef, meat byproducts-babyfood     0.200000   1.000  1.000
21000470 M    Beef, fat                          0.100000   1.000  1.000
21000471 M    Beef,fat-babyfood                  0.100000   1.000  1.000
21000480 M    Beef, kidney                       0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
21000490 M    Beef, liver                        0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
21000491 M    Beef, liver-babyfood               0.200000   1.000  1.000
23001690 M    Goat, meat                         0.050000   1.000  1.000
23001700 M    Goat, meat byproducts              0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
23001710 M    Goat, fat                          0.100000   1.000  1.000
23001720 M    Goat, kidney                       0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
23001730 M    Goat, liver                        0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
24001890 M    Horse, meat                        0.050000   1.000  1.000
26003390 M    Sheep, meat                        0.050000   1.000  1.000
26003391 M    Sheep, meat-babyfood               0.050000   1.000  1.000
26003400 M    Sheep, meat byproducts             0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
26003410 M    Sheep, fat                         0.100000   1.000  1.000
26003411 M    Sheep, fat-babyfood                0.100000   1.000  1.000
26003420 M    Sheep, kidney                      0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
26003430 M    Sheep, liver                       0.200000   1.000  1.000  DP#364
          Full comment: DP#364445
27002220 D    Milk, fat                          0.500000   1.000  1.000
27002221 D    Milk, fat - baby food/infant for   0.500000   1.000  1.000
27012230 D    Milk, nonfat solids                0.020000   1.000  1.000
27012231 D    Milk, nonfat solids-baby food/in   0.020000   1.000  1.000
27022240 D    Milk, water                        0.020000   1.000  1.000
27022241 D    Milk, water-babyfood/infant form   0.020000   1.000  1.000
27032251 D    Milk, sugar (lactose)-baby food/   0.020000   1.000  1.000
86010000 O    Water, direct, all sources         0.052900   1.000  1.000
86020000 O    Water, indirect, all sources       0.052900   1.000  1.000
95001300 O    Cranberry                          1.900000   1.000  1.000
95001301 O    Cranberry-babyfood                 1.900000   1.000  1.000
95001310 O    Cranberry, dried                   1.900000   1.000  1.000
95001320 O    Cranberry, juice                   1.900000   1.100  1.000
95001321 O    Cranberry, juice-babyfood          1.900000   1.100  1.000
95002630 O    Peanut                             0.020000   1.000  1.000  DP#364
          Full comment: DP#364445
95002640 O    Peanut, butter                     0.020000   1.890  1.000  DP#364
          Full comment: DP#364445
95002650 O    Peanut, oil                        0.060000   1.000  1.000  DP#364
          Full comment: DP#364445
95003590 O    Strawberry                         1.900000   1.000  1.000
95003591 O    Strawberry-babyfood                1.900000   1.000  1.000
95003600 O    Strawberry, juice                  1.900000   1.000  1.000
95003601 O    Strawberry, juice-babyfood         1.900000   1.000  1.000

U.S. Environmental Protection Agency                                 Ver. 2.00
DEEM-FCID Chronic analysis for FLUOXASTROBIN                    (1994-98 data)
Residue file name: C:\Documents and Settings\cwalls\My Documents\Cassi\HED\Fluoxastrobin\Fluoxastrobin_tol+water_121510.R98
                                                 Adjustment factor #2 NOT used.
Analysis Date 12-16-2010/15:30:21     Residue file dated: 12-16-2010/15:27:05/8
Reference dose (RfD, Chronic) = .015 mg/kg bw/day
COMMENT 1: proposed squash/cucumber use, new EDWC
===============================================================================
                    Total exposure by population subgroup
-------------------------------------------------------------------------------

                                                    Total Exposure
                                         -----------------------------------
          Population                         mg/kg             Percent of
           Subgroup                       body wt/day             Rfd
--------------------------------------   -------------       ---------------
U.S. Population (total)                     0.003269                21.8%

U.S. Population (spring season)             0.003304                22.0%
U.S. Population (summer season)             0.003440                22.9%
U.S. Population (autumn season)             0.003180                21.2%
U.S. Population (winter season)             0.003151                21.0%

Northeast region                            0.003289                21.9%
Midwest region                              0.003335                22.2%
Southern region                             0.002977                19.8%
Western region                              0.003646                24.3%

Hispanics                                   0.003765                25.1%
Non-hispanic whites                         0.003245                21.6%
Non-hispanic blacks                         0.002856                19.0%
Non-hisp/non-white/non-black                0.003669                24.5%

All infants (< 1 year)                      0.005125                34.2%
Nursing infants                             0.002053                13.7%
Non-nursing infants                         0.006291                41.9%
Children 1-6  yrs                           0.006259                41.7%
Children 7-12 yrs                           0.003916                26.1%

Females 13-19 (not preg or nursing)         0.002568                17.1%
Females 20+ (not preg or nursing)           0.002839                18.9%
Females 13-50 yrs                           0.002933                19.6%
Females 13+ (preg/not nursing)              0.003156                21.0%
Females 13+ (nursing)                       0.003543                23.6%

Males 13-19 yrs                             0.002860                19.1%
Males 20+ yrs                               0.002804                18.7%
Seniors 55+                                 0.002859                19.1%

Children 1-2 yrs                            0.006979                46.5%
Children 3-5 yrs                            0.006103                40.7%
Children 6-12 yrs                           0.004125                27.5%
Youth 13-19 yrs                             0.002720                18.1%
Adults 20-49 yrs                            0.002821                18.8%
Adults 50+ yrs                              0.002844                19.0%
Females 13-49 yrs                           0.002765                18.4%

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

U.S. Environmental Protection Agency                                 Ver. 2.00
DEEM-FCID Chronic analysis for FLUOXASTROBIN                    (1994-98 data)
Residue file name: C:\Documents and Settings\cwalls\My Documents\Cassi\HED\Fluoxastrobin\Fluoxastrobin_tol_121510.R98
                                                 Adjustment factor #2 NOT used.
Analysis Date 12-28-2010/13:40:05     Residue file dated: 12-28-2010/13:39:07/8
Reference dose (RfD, Chronic) = .015 mg/kg bw/day
COMMENT 1: proposed squash/cucumber use; no water
===============================================================================
                    Total exposure by population subgroup
-------------------------------------------------------------------------------

                                                    Total Exposure
                                         -----------------------------------
          Population                         mg/kg             Percent of
           Subgroup                       body wt/day             Rfd
--------------------------------------   -------------       ---------------
U.S. Population (total)                     0.002154                14.4%

U.S. Population (spring season)             0.002199                14.7%
U.S. Population (summer season)             0.002242                14.9%
U.S. Population (autumn season)             0.002102                14.0%
U.S. Population (winter season)             0.002073                13.8%

Northeast region                            0.002272                15.1%
Midwest region                              0.002208                14.7%
Southern region                             0.001917                12.8%
Western region                              0.002368                15.8%

Hispanics                                   0.002500                16.7%
Non-hispanic whites                         0.002157                14.4%
Non-hispanic blacks                         0.001797                12.0%
Non-hisp/non-white/non-black                0.002302                15.3%

All infants (< 1 year)                      0.001470                 9.8%
Nursing infants                             0.000697                 4.6%
Non-nursing infants                         0.001763                11.8%
Children 1-6  yrs                           0.004701                31.3%
Children 7-12 yrs                           0.002903                19.4%

Females 13-19 (not preg or nursing)         0.001784                11.9%
Females 20+ (not preg or nursing)           0.001726                11.5%
Females 13-50 yrs                           0.001854                12.4%
Females 13+ (preg/not nursing)              0.002072                13.8%
Females 13+ (nursing)                       0.001999                13.3%

Males 13-19 yrs                             0.002040                13.6%
Males 20+ yrs                               0.001804                12.0%
Seniors 55+                                 0.001764                11.8%

Children 1-2 yrs                            0.005323                35.5%
Children 3-5 yrs                            0.004553                30.4%
Children 6-12 yrs                           0.003055                20.4%
Youth 13-19 yrs                             0.001914                12.8%
Adults 20-49 yrs                            0.001780                11.9%
Adults 50+ yrs                              0.001749                11.7%
Females 13-49 yrs                           0.001728                11.5%

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


[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14270-14272]
[FR Doc No: 2019-06821]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0723; FRL-9991-74-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Interstate Transport for the 2008 Ozone National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
submittal from the State of Wyoming that demonstrates that the Wyoming
State Implementation Plan (SIP) meets certain interstate transport
requirements of the Clean Air Act (Act or CAA) for the 2008 ozone
National Ambient Air Quality Standards (NAAQS). Specifically, the
submittal meets the requirement that Wyoming's SIP contain adequate
provisions to prohibit emissions in amounts which will interfere with
maintenance of the 2008 ozone NAAQS in any other state. The EPA is
taking this action pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on May 10, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0723. All documents in the docket are
listed on the http://www.regulations.gov website. 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 through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-7104, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    On February 3, 2017 (82 FR 9142), the EPA disapproved Wyoming's
February 6, 2014 2008 ozone infrastructure SIP

submittal with respect to the CAA section 110(a)(2)(D)(i)(I)
requirements regarding emissions from Wyoming that would interfere with
maintenance (``prong 2'') of the 2008 ozone NAAQS in any other state.
Under CAA section 110(c)(1), this disapproval started a 2-year clock
for the EPA to promulgate a federal implementation plan (FIP) unless
Wyoming submitted, and the EPA approved, a SIP revision correcting the
deficiency. On October 17, 2018, Wyoming submitted a SIP revision to
address the EPA's February 3, 2017 disapproval.
    On February 12, 2019 (84 FR 3389), the EPA proposed to approve
Wyoming's October 17, 2018 submittal. An explanation of the CAA
requirements, a detailed analysis of the submittal, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking and will not be restated here. The public comment period for
the proposed approval ended on March 14, 2019. We did not receive any
comments on the proposal.

II. Final Action

    For the reasons given in our February 12, 2019 notice, we are
approving Wyoming's October 17, 2018 submittal addressing CAA section
110(a)(2)(D)(i)(I), prong 2, for the 2008 ozone NAAQS. With this final
approval, the EPA no longer has an obligation under CAA section
110(c)(1) to promulgate a FIP addressing the deficiency identified in
the EPA's February 3, 2017 prong 2 disapproval (82 FR 9142).

III. Statutory and Executive Order Reviews

    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, the 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, 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 CAA; and
     Does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The 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).
    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 June 10, 2019. 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart ZZ--Wyoming

0
2. Section 52.2620 is amended by adding to the table in paragraph (e),
in numerical order, an entry for ``(33) XXXIII'' to read as follows:

Sec.  52.2620   Identification of plan.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                EPA effective     Final rule citation/
          Rule No.                     Rule title                  State effective date               date                 date              Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
(33) XXXIII.................  Interstate transport SIP for  August 30, 2018...................       5/10/2019   [Insert Federal
                               Section 110(a)(2)(D)(i)(I)                                                         Register citation] 4/
                               prong 2 for the 2008 Ozone                                                         10/2019.
                               NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-06821 Filed 4-9-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33664-33665]
[FR Doc No: 2023-11065]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0379; FMCSA-2016-0011; FMCSA-2016-0313; FMCSA-
2018-0057; FMCSA-2020-0045; FMCSA-2020-0047; FMCSA-2020-0053]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 13
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2014-0379, FMCSA-2016-0011, FMCSA-2016-0313, FMCSA-2018-
0057, FMCSA-2020-0045, FMCSA-2020-0047, or FMCSA-2020-0053) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On April 12, 2023, FMCSA published a notice announcing its decision
to renew exemptions for 13 individuals from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in
interstate commerce and requested comments from the public (88 FR
22084). The public comment period ended on May 12, 2023, and one
comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The commenter
believes the requirement for number of years an applicant is seizure
free should be extended for a longer period.
    FMCSA has granted these exemptions on the basis that all applicants
have maintained their medical monitoring and have not exhibited any
medical issues that would compromise their ability to safely operate a
CMV. In addition, these applicants have been consistently monitored
throughout their time of holding an exemption showing the maintenance
of their conditions.

IV. Conclusion

    Based on its evaluation of the 13 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the epilepsy and seizure disorders prohibition
in Sec.  391.41(b)(8).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below.
    As of April 2, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR
22084):

Sayed Abbed (IL)
Steven Claphan (MI)
Brian Klein (IN)
Thomas Marx (WA)
Jeb McCulla (LA)
Jeffrey Smith, Jr. (FL)
Eric Smits (WI)
    The drivers were included in docket number FMCSA-2020-0045, FMCSA-
2020-0047, or FMCSA-2020-0047. Their exemptions were applicable as of
April 2, 2023 and will expire on April 2, 2025.
    As of April 30, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR
22084):

Ryan Babler (WI)
Bradley Hollister (PA)
Sheldon Martin (NY)
Larry Nicholson (NC)
Edgar Snapp (IN)
Daniel Zielinski (OR)

    The drivers were included in docket number FMCSA-2014-0379, FMCSA-
2016-0011, FMCSA-2016-0313 or FMCSA-2018-0057. Their exemptions were
applicable as of April 30, 2023 and will expire on April 30, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid

for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-11065 Filed 5-23-23; 8:45 am]
BILLING CODE 4910-EX-P