[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Proposed Rules]
[Pages 85860-85861]
[FR Doc No: 2023-27083]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2275; Airspace Docket No. 23-AEA-22]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Lewisburg, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace, Class E
airspace designated as an extension to a Class D surface, and Class E
airspace extending upward from 700 feet above the surface area for
Greenbrier Valley Airport, Lewisburg, WV. This action would amend
verbiage in the descriptions, as well as adding additional extensions
to the northeast and southwest of the airport.

DATES: Comments must be received on or before January 25, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2275 and
Airspace Docket No. 23-AEA-223261 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions to send your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 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 for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 would amend Class D and Class E airspace in Lewisburg, WV. An
airspace evaluation determined that this update is necessary to support
IFR operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file all comments it receives in the docket and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible without incurring expense
or delay. The FAA may change this proposal in light of the comments it
receives.
    Privacy: In accordance with 5 U.S.C. 553(c), the DOT solicits
comments from the public to inform its rulemaking process better. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Eastern Service Center,
Federal Aviation

Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in
Paragraphs 5000, 6004, and 6005 of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 annually. This document proposes to amend the current
version of that order, FAA Order JO 7400.11H, Airspace Designations and
Reporting Points, dated August 11, 2023, and effective September 15,
2023. These updates would be published subsequently in the next update
to FAA Order JO 7400.11. FAA Order JO 7400.11H is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11H
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D
airspace and Class E airspace designated as an extension to a Class D
surface area by:
     Removing the city name from the airport header.
     Replacing Notice to Airmen with Notice to Air Missions and
Airport/Facility Directory with Chart Supplement.
     Removing the BUSHI NDB from the description, as it is
unnecessary in describing the airspace.
     Add a northeast extension and amend the southwest
extension.
    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface area by
removing the BUSHI NDB from the description, as it is unnecessary in
describing the airspace.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 will only affect air traffic
procedures and air navigation, it is certified that this proposed 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

    This proposal will be subject to an environmental analysis per FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
before any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA WV D Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from the surface to and including
4,000 feet MSL within a 4-mile radius of Greenbrier Valley Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Air Missions. The
effective date and time will thereafter be published continuously in
the Chart Supplement.
* * * * *

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

* * * * *

AEA WV E4 Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from the surface within 2 miles
on each side of the 216[deg] bearing of Greenbrier Valley Airport,
extending from the 4-mile radius of the airport to 6.8 miles
southwest of the airport and from the 009[deg] bearing of the
airport to the 044[deg] bearing of the airport, extending from the
4-mile radius to 6.8-miles northeast of the airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be published continuously in the Chart
Supplement.
* * * * *

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

* * * * *

AEA WV E5 Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 12-mile radius of Greenbrier Valley Airport and within 4.4
miles on each side of the 216[deg] bearing of the airport, extending
from the 12-mile radius to 16 miles southwest of the airport.
* * * * *

    Issued in College Park, Georgia, on December 1, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-27083 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Page 1924]
[FR Doc No: 2012-424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project Nos. P-13235-002 and P-13355-001]

Middlebury Electric, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filings: Notice of Intent To File License Application
and Request to Use the Traditional Licensing Process.
    b. Project Nos.: P-13235-002 and P-13355-001.
    c. Dates Filed: May 5, 2011, and June 20, 2011, respectively.
    d. Submitted By: Middlebury Electric, LLC.
    e. Name of Projects: Middlebury Upper Hydroelectric Project and
Middlebury Upper East Bank Hydroelectric Project, respectively.
    f. Location: On Otter Creek, in Addison County, Vermont. No federal
lands would be occupied by the project works or located within the
proposed project boundaries.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Alders Holm, Middlebury Electric,
LLC, 5 Frog Hollow Alley, Middlebury, VT 05753; (802) 388-
7037.
    i. FERC Contact: John Ramer at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Middlebury Electric, LLC filed its requests to use the
Traditional Licensing Process on May 5 and June 20, 2011, for
Middlebury Upper Project, P-13235-002 and Middlebury Upper East Bank
Project, P-13355-001, respectively. Middlebury Electric, LLC provided
public notice of its requests on May 2, 2011, and August 18, 2011,
respectively. In a letter dated October 5, 2011, the Director of the
Division of Hydropower Licensing approved Middlebury Electric, LLC's
requests to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) the U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR part 402; (b) NOAA Fisheries under section 305(b) of the
Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Vermont State
Historic Preservation Officer, as required by section 106, National
Historical Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. Middlebury Electric, LLC filed Pre-Application Documents (PADs;
including proposed process plans and schedules) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    m. Copies of the PADs are available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. For either project,
enter the docket number, excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll free at 1-(866)
208-3676, or for TTY,<PHONE_NUMBER>. Copies are also available for
inspection and reproduction at the address in paragraph h.
    n. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to these or other pending projects. For assistance, contact
FERC Online Support.

    Dated: January 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-424 Filed 1-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49728-49729]
[FR Doc No: 2019-20554]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10000-19-OLEM]

Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding
Guidance for State and Tribal Response Programs for Fiscal Year 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA Section 128(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended,
authorizes a noncompetitive $50 million grant program to establish and
enhance state and tribal response programs. These response programs
generally address the assessment, cleanup, and redevelopment of
brownfields sites and other sites with actual or perceived
contamination. For Fiscal Year (FY) 2020, EPA will consider grant
requests up to a maximum of $1.0 million per state or tribe. This
document announces the availability of guidance that will assist states
and tribes in the development and submission of grant applications and
the use of Fiscal Year 2020 section 128(a) funds.

DATES: The FY 2020 grant funding guidance is applicable as of October
1, 2019. EPA expects to make non-competitive grant awards to states and
tribes which apply during FY 2020.

FOR FURTHER INFORMATION CONTACT: Rachel Lentz, Office of Brownfields
and Land Revitalization, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number (202)
566-2745.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be affected by this action if you administer a State or
tribal response program that oversees assessment and cleanup activities
at brownfield sites across the country.

B. How can I get copies of the grant funding guidance and other related
information?

    1. Docket. The docket for this action, identified by docket
identification (ID) number EPA-HQ-OLEM-2019-0540, is available online
at https://www.regulations.gov or in person at the Office of Land and
Emergency Management Docket (OLEM Docket), Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OLEM Docket is
(202) 566-0270. Please review the visitor instructions and additional
information about the docket that is available at https://www.epa.gov/dockets.
    2. Electronic access. To access the grant funding guidance on EPA's
website, please go to https://www.epa.gov/brownfields/types-brownfields-grant-funding.

II. Authority

    CERCLA section 128(a) (42 U.S.C. 9628(a)) authorizes a
noncompetitive $50 million grant program to establish and enhance state
and tribal response programs. CERCLA section 128(a)(1)(B)(ii)(III)
authorizes a noncompetitive $1.5 million grant program to assist small
communities, Indian tribes, rural areas, or disadvantaged areas to
carry out CERCLA section 104(k)(7) (42 U.S.C. 9604(k)(7)) (i.e., by
providing training, research, and technical assistance to individuals
and organizations, as appropriate, to facilitate the inventory of
brownfields sites, site assessments, remediation of brownfield sites,
community involvement, or site preparation).

III. Background

    1. General. State and tribal response programs oversee assessment
and cleanup activities at brownfield sites across the country. The
depth and breadth of these programs vary. Some focus on CERCLA related
activities, while others are multi-faceted, addressing sites regulated
by both CERCLA and the Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.). Many states also offer accompanying financial
incentive programs to spur cleanup and redevelopment. In enacting the
Small Business Liability Relief and Brownfields Revitalization Act
(Pub. L. 107-118, 115 Stat. 2356), which added section 128 to CERCLA,
Congress recognized the value of state and tribal response programs in
cleaning up and redeveloping brownfield sites. Section 128(a)
recognizes the response programs' critical role in overseeing cleanups
and strengthens EPA's partnerships with states and tribes.
    CERCLA section 128(a) response program grants are funded with
categorical State and Tribal Assistance Grant (STAG) appropriations.
Categorical grants are issued by Congress to fund state and local
governments for narrowly defined purposes. This funding is intended for
those states and tribes that have the required management and
administrative capacity within their government to administer a federal
grant. The primary goal of this funding is to ensure that state and
tribal response programs include, or are taking reasonable steps to
include, certain elements of an environmental response program and that
the program establishes and maintains a public record of sites
addressed.
    Section 128(a) cooperative agreements are awarded and administered
by the EPA regional offices. Generally, these response programs address
the assessment, cleanup, and redevelopment of brownfields sites and
other sites with actual or perceived contamination. Subject to the

availability of funds, EPA regional personnel will provide technical
assistance to states and tribes as they apply for and carry out section
128(a) cooperative agreements.
    2. Catalogue of Federal Domestic Assistance (CFDA) and EPA Funding
Opportunity Number (FON). The CFDA entry for the section 128(a) State
and Tribal Response Program cooperative agreements is 66.817. The FON
for FY 2020 section 128(a) funds is EPA-CEP-02. This grant program is
eligible to be included in state and tribal Performance Partnership
Grants under 40 CFR part 35 Subparts A and B, with the exception of
funds used to capitalize a revolving loan fund for brownfield
remediation under CERCLA section 104(k)(3) or of funds received for a
Small Technical Assistance Grant under CERLCA section
128(a)(I)(B)(ii)(III); or purchase environmental insurance or
developing a risk sharing pool, an indemnity pool, or insurance
mechanism to provide financing for response actions under a State or
Tribal response program.
    3. Application period. Requests for funding will be accepted from
October 1, 2019 through December 6, 2019. Requests EPA receives after
December 6, 2019 will not be considered for FY 2020 funding. States or
tribes that do not submit the request in the appropriate manner may
forfeit their ability to receive funds. First time requestors are
strongly encouraged to contact their respective Regional EPA
Brownfields contacts, identified in Table 1, prior to submitting their
funding request. EPA will consider funding requests up to a maximum of
$1.0 million per state or tribe for FY 2020.
    Requests submitted by the December 6, 2019 request deadline are
preliminary; final cooperative agreement work plans and budgets will be
negotiated with the regional offices once final funding allocation
determinations are made. As in previous years, EPA will place special
emphasis on reviewing a cooperative agreement recipient's use of prior
section 128(a) funding in making allocation decisions and unexpended
balances are subject to 40 CFR 35.118 and 40 CFR 35.518 to the extent
consistent with this guidance. Also, EPA will prioritize funding for
recipients establishing their response programs.

Table 1--EPA Regional Brownfields Contacts for State and Tribal Response
                                Programs
------------------------------------------------------------------------
                                 State response        Tribal response
       Regional office           program contact       program contact
------------------------------------------------------------------------
Region 1 (CT, ME, MA, NH,     James Byrne, 5 Post   AmyJean McKeown, 5
 RI, VT).                      Office Square,        Post Office Square,
                               Suite 100 (OSRR07-    Suite 100 (OSRR07-
                               2), Boston, MA        2), Boston, MA
                               02109-3912, Phone:    02109-3912, Phone:
<PHONE_NUMBER>;<PHONE_NUMBER>;
                               Fax:<PHONE_NUMBER>.  Fax: (617) 918-
                                                     1294.
Region 2, (NJ, NY, PR, VI)..  John Struble, 290     Phillip Clappin, 290
                               Broadway, 18th        Broadway, 18th
                               Floor, New York, NY   Floor, New York, NY
                               10007-1866, Phone:    10007-1866, Phone:
<PHONE_NUMBER>;<PHONE_NUMBER>;
                               Fax:<PHONE_NUMBER>.  Fax: (212) 637-
                                                     3083.
Region 3, (DE, DC, MD, PA,    Michael Taurino,      Michael Taurino,
 VA, WV).                      1650 Arch Street      1650 Arch Street
                               (3HS51),              (3HS51),
                               Philadelphia, PA      Philadelphia, PA
                               19103, Phone: (215)   19103, Phone: (215)
                               814-3371; Fax:        814-3371; Fax:
<PHONE_NUMBER>.<PHONE_NUMBER>.
Region 4, (AL, FL, GA, KY,    Cindy Nolan, 61       Cindy Nolan, 61
 MS, NC, SC, TN).              Forsyth Street SW,    Forsyth Street SW,
                               10TH FL (9T25),       10TH FL (9T25),
                               Atlanta, GA 30303-    Atlanta, GA 30303-
                               8960, Phone: (404)    8960, Phone: (404)
                               562-8425; Fax:        562-8425; Fax:
<PHONE_NUMBER>.<PHONE_NUMBER>.
Region 5, (IL, IN, MI, MN,    Keary Cragan, 77      Rosita Clark, 77
 OH, WI).                      West Jackson          West Jackson
                               Boulevard (SB-5J),    Boulevard (SB-5J),
                               Chicago, IL 60604-    Chicago, IL 60604-
                               3507, Phone: (312)    3507, Phone: (312)
                               353-5669; Fax:        886-7251; Fax:
<PHONE_NUMBER>.<PHONE_NUMBER>.
Region 6, (AR, LA, NM, OK,    Roger Hancock, 1445   Roger Hancock, 1445
 TX).                          Ross Avenue, Suite    Ross Avenue, Suite
                               1200 (6SF), Dallas,   1200 (6SF), Dallas,
                               TX 75202-2733,        TX 75202-2733,
                               Phone: (214) 665-     Phone: (214) 665-
                               6688; Fax: (214)      6688; Fax: (214)
                               665-6660.             665-6660.
Region 7, (IA, KS, MO, NE)..  Susan Klein, 11201    Jennifer Morris,
                               Renner Boulevard      11201 Renner
                               (SUPRSTAR), Lenexa    Boulevard
                               KS 66219, Phone:      (SUPRSTAR), Lenexa
<PHONE_NUMBER>;       KS 66219, Phone:
                               Fax:<PHONE_NUMBER>.<PHONE_NUMBER>;
                                                     Fax: (913) 551-
                                                     9341.
Region 8, (CO, MT, ND, SD,    Christina Wilson,     Melisa Devincenzi,
 UT, WY).                      1595 Wynkoop Street   1595 Wynkoop Street
                               (EPR-AR), Denver,     (EPR-AR), Denver,
                               CO 80202-1129,        CO 80202-1129,
                               Phone: (303) 312-     Phone: (303) 312-
                               6706; Fax: (303)      6377; Fax: (303)
                               312-6065.             312-6962.
Region 9, (AZ, CA, HI, NV,    Jose Garcia, Jr.,     Jose Garcia, Jr.,
 AS, GU, MP).                  600 Wilshire Blvd,    600 Wilshire Blvd,
                               Suite 1460, Los       Suite 1460, Los
                               Angeles, CA 90017,    Angeles, CA 90017,
                               Phone: (213) 244-     Phone: (213) 244-
                               1811; Fax: (213)      1811; Fax: (213)
                               244-1850.             244-1850.
Region 10, (AK, ID, OR, WA).  Mary K. Goolie, 222   Mary K. Goolie, 222
                               West 7th Avenue #19   West 7th Avenue #19
                               (AOO), Anchorage,     (AOO), Anchorage,
                               AK 99513, Phone:      AK 99513, Phone:
<PHONE_NUMBER>;<PHONE_NUMBER>;
                               Fax:<PHONE_NUMBER>.  Fax: (907) 271-
                                                     3424.
------------------------------------------------------------------------

    Authority: 42 U.S.C. 9628(a).

    Dated: September 10, 2019.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization.
[FR Doc. 2019-20554 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45766-45767]
[DOCID:fr06au08-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0037; FRL-8374-9]

Chitin/Chitosan and Farnesol/Nerolidol Registration Review
Proposed Final Decision; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's proposed
registration review decisions for the pesticides cases Chitin/Chitosan
and Farnesol/Nerolidol and opens a public comment period on the
proposed registration review decisions. Registration review is EPA's
periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, that the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment.
Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

DATES: Comments must be received on or before October 6, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) numbers EPA-HQ-OPP-2007-0566 for Chitin and Chitosan, and EPA-HQ-
OPP-2006-0569 for Farnesol and Nerolidol, 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 numbers and the
regulatory contacts listed under Table 1 for each of the cases to which
you are submitting a comment. 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 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
website 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 (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: For information about the
biopesticides included in this document, contact the specific
Regulatory contact, as identified in the Table in Unit II.A. for the
biopesticide of interest. The mailing address and additional contact
information is Biopesticides and Pollution Prevention Division,
(7511P); Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>.
    For general questions on the registration review program, contact
Peter Caulkins, Special Review and Reregistration Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-6550; 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, farm worker, 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

A. What Action is the Agency Taking?

    This notice opens a 60-day public comment period on the subject
proposed registration review decisions. The Agency is proposing
registration review decisions for the pesticide cases shown in the
following Table.

    Table 1.--Registration Review Dockets - Proposed final decisions
------------------------------------------------------------------------
                                                      Regulatory Contact
  Registration Review Case Name    Pesticide Docket       name, Phone
           and Number                  ID Number        Number, E-mail
                                                            Address
------------------------------------------------------------------------
 Chitin and Chitosan; Case 6063   EPA-HQ-OPP-2007-05  Chris Pfeifer
                                   66<PHONE_NUMBER>
                                                      pfeifer.chris@epa.
                                                       gov
------------------------------------------------------------------------
Case 6061; Farnesol and           EPA-HQ-OPP-2007-05  Russell Jones
 Nerolidol; Case 6061              69<PHONE_NUMBER>
                                                      jones.russell@epa.
                                                       gov
------------------------------------------------------------------------

    The dockets for registration review of these pesticide cases
include earlier documents related to the registration review of the
subject cases. For example, the review opened with the posting of a
Summary Document, containing a Preliminary Work Plan (PWP), for public
comment. A Final Work Plan (FWP) was posted to the docket following
public comment on the initial docket. The documents in the initial
docket described the Agency's rationales for not conducting new risk
assessments for the registration review of Chitin/Chitosan (Case 6063)
or Farnesol/Nerolidol (Case 6061). These proposed registration review
decisions now included in the dockets continue to be supported by those
rationales included in documents in the initial dockets. Following
public comment, the Agency will issue a final registration review
decision for each case.
    The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended
in 1996 required EPA to establish by regulation procedures for
reviewing pesticide registrations, originally with a goal of reviewing
each pesticide's registration every 15 years to ensure that a pesticide
continues to meet the FIFRA standard for registration. The Agency's
final rule to implement this program was issued in August 2006 and
became effective in October 2006 and appears at 40 CFR 155.40 et seq.
The Pesticide Registration Improvement Act of 2003 (``PRIA'') was
amended and extended in September 2007. FIFRA as amended by PRIA in
2007 requires EPA to complete registration review decisions by October
1, 2022 for all pesticides registered as of October 1, 2007. The
registration review final rule provides for a minimum 60-day public
comment period for all proposed registration review decisions.
    This comment period is intended to provide an opportunity for
public input and a mechanism for initiating any necessary amendments to
the proposed decision(s). All comments should be submitted using the
methods in ADDRESSES, and must be received by EPA on or before the
closing date. These comments will become part of the Agency Dockets for
Chitin/Chitosan and Farnesol/Nerolidol. Comments received after the
close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.The Agency will carefully
consider all comments received by the closing date and will provide a
Response to Comments Memorandum in the Dockets and www.regulations.gov.
The final registration review decisions will explain the effect that
any comments have had on the decisions. Background on the registration
review program is provided at: http:/www.epa.gov/oppsrrd1/
registration_review/. Quick links to earlier documents related to the
registration review of this pesticide are provided at: http://
www.epa.gov/oppsrrd1/registration_review/reg_review_status.htm/.
Additional information about biopesticides can be obtained by an
alphabetical search of the Biopesticide Active Ingredient Fact Sheets
on http://www.epa.gov/oppbppd1/biopesticides/ingredients/index.htm.

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

    FIFRA Section 3(g) and 40 CFR 155.40 provide authority for this
action.

List of Subjects

    Environmental protection, registration review, pesticides, and
pests.

    Dated:July 25, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-17930 Filed 8-5-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40055-40057]
[FR Doc No: 2013-15951]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0886; Directorate Identifier 2008-SW-067-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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

SUMMARY: We are revising an earlier notice of proposed rulemaking
(NPRM) that proposed to issue an airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain
wire strike protection system (WSPS) top cable cutter assembly
installed. The existing NPRM proposes to require reworking or replacing
the top cable cutter assembly to increase clearance between the WSPS
and the main rotor (M/R) blades. The NPRM was prompted by a report of
in-flight contact between the top cable-cutter assembly and two M/R
blades. This action revises the proposals in the NPRM by requiring that
the reworked or replaced part be marked with ``BT 139-126 Rev./'' or
``FAA'' at the end of the part number to reflect the field
modification. Since these actions impose an additional burden over that
proposed in the NPRM, we are reopening the comment period to allow the
public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by September 3, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the

Docket Operations Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this proposed
AD, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt. For service
information identified in this proposed AD, contact Agusta, Via
Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA), Italy,
telephone 39 0331-229111, fax 39 0331-229605/222595, or at http://customersupport.agusta.com/technical_advice.php. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On August 16, 2012, we issued an NPRM to amend 14 CFR part 39 to
include an AD that would apply to Agusta Model AB139 and AW139
helicopters with a certain WSPS top cable cutter assembly installed.
The NPRM was published in the Federal Register on August 29, 2012 (77
FR 52270). The NPRM was prompted by a report of in-flight contact
between the top cable-cutter assembly and two M/R blades. Based on this
report, the European Aviation Safety Agency (EASA), which is the
technical Agent for the member States of the European Union, issued
EASA AD No. 2008-0148, dated August 5, 2008. The NPRM proposed to
require reworking or replacing the top cable cutter assembly to
increase clearance between the WSPS and the M/R blades, which is the
same corrective action required by EASA AD No. 2008-0148.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (77 FR 52270, August 29, 2012),
we determined that the required actions should include re-identifying
the reworked or replaced part by marking ``BT 139-126 Rev./'' or
``FAA'' at the end of the part number to reflect the field
modification. Because this proposed change expands the scope of the
NPRM, we are reopening the comment period to provide additional
opportunity for public comment.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(77 FR 52270, August 29, 2012), but we did not receive any comments.

FAA's Determination

    We are proposing this SNPRM because we evaluated all known relevant
information and determined that an unsafe condition is likely to exist
or develop on other products of these same type designs. Certain
changes described above expand the scope of the original NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Related Service Information

    We reviewed Agusta Bollettino Tecnico No. 139-126, dated June 20,
2008 (BT), which applies to Model AB139 and AW139 helicopters with
certain serial-numbered WSPSs. The BT specifies, within 200 flight
hours, reworking the top cable cutter assembly and marking it with ``BT
139-126 Rev./'' in a visible and permanent manner. EASA classified this
BT as mandatory and issued AD No. 2008-0148 to ensure the continued
airworthiness of these helicopters.

Proposed Requirements of the SNPRM

    This proposed SNPRM would require:
     Within 200 hours time-in-service, removing the WSPS upper
installation,
    P/N 4G9540A00111, including cutter assembly, P/N 423-83001-1.
     Before installing a WSPS upper installation, P/N
4G9540A00111, either reworking the top cable cutter assembly, P/N 423-
83001-1, and re-identifying the part by adding ``BT 139-126 Rev./'' or
``FAA'' to the end of the part number, or replacing the top cable
cutter assembly, P/N 423-83001-1, with an airworthy top cable cutter
assembly that has been reworked and re-identified.

Costs of Compliance

    We estimate that this AD would affect about 39 helicopters of U.S.
registry. We also estimate that it would take about 3 work-hours per
helicopter to rework the top cable cutter assembly and to add ``BT 139-
126 Rev./'' or ``FAA'' at the end of the part number, 1 work-hour to
replace the top cable cutter assembly, and 1 work-hour to remove the
WSPS upper installation. The average labor rate is $85 per work-hour.
Required parts would cost about $9,000 per helicopter to replace the
cutter. Based on these figures, we estimate the cost of this AD on U.S.
operators would be $255 per helicopter to rework the top cable cutter
assembly, $9,085 per helicopter to replace the top cable cutter
assembly, and $85 per helicopter to remove the WSPS.

Authority for This Rulemaking

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

Regulatory Findings

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

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Agusta S.p.A. Helicopters: Docket No. FAA-2012-0886; Directorate
Identifier 2008-SW-067-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters,
with a wire strike protection system (WSPS) top cable cutter
assembly, part number (P/N) 423-83001-1, installed, which is part of
the WSPS, P/N 4G9540F00211 or P/N 4G9540F00311, certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as in-flight contact
between the top cable cutter assembly and main rotor (M/R) blades.
This condition could result in damage to the M/R blades and
subsequent loss of helicopter control.

(c) Comments Due Date

    We must receive comments by September 3, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 200 hours time-in-service, remove the WSPS upper
installation, P/N 4G9540A00111, including top cable cutter assembly,
P/N 423-83001-1.
    (2) Before installing a WSPS upper installation, P/N
4G9540A00111, either:
    (i) Rework the top cable cutter assembly, P/N 423-83001-1, in
accordance with the Compliance Instructions, paragraph 3.1 through
3.5, and Figure 1 of Agusta Bolletino Technico No. 139-126, dated
June 20, 2008. Re-identify the top cable cutter assembly in a
visible and permanent way by adding ``BT 139-126 Rev./'' or ``FAA''
at the end of the part number; or
    (ii) Replace the top cable cutter assembly, P/N 423-83001-1,
with an airworthy top cable cutter assembly that has been reworked
and re-identified in accordance with paragraph (e)(2)(i) of this AD.
    (3) Do not install a top cable cutter assembly, P/N 423-83001-1,
on any helicopter unless it has been reworked and re-identified in
accordance with paragraph (e)(2)(i) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2008-0148, dated August 5, 2008. You may view
the EASA AD at http://www.regulations.gov by searching for and
locating it in Docket No. FAA-2012-0886.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5320: Fuselage
Miscellaneous Structure.

    Issued in Fort Worth, Texas, on June 18, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15951 Filed 7-2-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Pages 60101-60104]
[FR Doc No: 2019-24347]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0006; OMB No. 1660-0103]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Property Acquisition and Relocation for Open
Space

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency will submit the
information collection described below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. This information collection
concerns the property acquisition and relocation for open space process
as part of the administration of FEMA's mitigation grant programs, and
the withdrawal of three previously proposed forms (FEMA Form 086-0-31a,
FEMA Form 086-0-31b, and FEMA Form 086-0-31c) from the information
collection included in the initial 60-day public comment period
regarding the Severe Risk Property Acquisition (SRPA) direct grant to
property owners for acquisition and demolition of severe repetitive
loss structures. After reviewing all the comments submitted, FEMA has
determined there is no need for SRPA direct grant-related forms at this
time. At this time, FEMA has decided not to implement the SRPA direct
to property owners grant.

DATES: Comments must be submitted on or before January 6, 2020.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Jennie
Orenstein, Grants Policy Branch Chief, FIMA, FEMA,<PHONE_NUMBER>, or
the Records Management Division, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Regulations at 44 CFR part 80 govern
property acquisitions for the creation of open space under FEMA's three
hazard mitigation assistance (HMA) grant programs: The Pre-Disaster
Mitigation program (PDM) and Hazard Mitigation Grant Program (HMGP),
authorized under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended, 42 U.S.C. 5121-5207; and the Flood
Mitigation Assistance Program (FMA) authorized under the National Flood
Insurance Act (NFIA) of 1968, as amended, 42 U.S.C. 4001 et seq.
Acquisition and relocation of property for open space use is a popular
mitigation activity eligible under PDM, HMGP, and FMA. These programs
require any property acquired with FEMA funds to be deed restricted and
maintained as open space in perpetuity to ensure against future risk
from hazards to life and property, and to reduce the need for disaster
assistance or insurance payments for damages to property. This proposed
information collection previously published in the Federal Register on
February 27, 2018, at 83 FR 8493 with a 60-day public comment period.
The comment period closed on April 30, 2018. FEMA received 92 comments
in response to Information Collection 1660-0103, including comments
that express both support and opposition to different parts of the
collection. Many comments were similar, but they will be recorded as
102 distinct comments since they addressed multiple parts of the
collection. Of the 102 comments received, 67 comments were opposed to
language in the three new forms pertaining to the Severe Risk Property
Acquisition (SRPA) direct grants to property owners that included an
option identified as ``Pathway 2: Demolition of Structure(s) Only,
Property Owner(s) Retains Ownership.'' The Pathway allowed property
owners to build new structures on the land after the existing
structures were acquired and demolished by FEMA. A commitment to use
the property as open space in perpetuity was not required. The new
structures were required to meet current community flood management
building codes, which presumably would be to a higher standard than the
damaged structure was built to. Mitigation would

thus be accomplished by reducing the long-term risk to a natural
hazard. In comparison, the other Pathway SRPA offered was that the
subrecipient (local community) could acquire the property and commit
the property to open space use in perpetuity. With either Pathway, the
choice was up to the property owner, assuming the community was
interested in acquisition if the property owner chose that option. A
SRPA grant would only be offered under FEMA's Flood Mitigation
Assistance (FMA) program.
    Eleven comments were supportive of SRPA and the three new related
forms. Three comments were neutral and recommended changes to provide
support to SRPA. Three comments opposed using the public comment period
for discussing the feasibility of SRPA. Six comments were beyond the
scope of the information collection and twelve comments were not
germane.
    The 67 comments submitted in opposition to SRPA's Pathway 2:
Demolition of Structure(s) Only, Property Owner(s) Retains Ownership
option came from a variety of sources, including State and local
government, non-profit organizations, individuals, and anonymous
sources. Commenters listed primary reasons for opposition such as:

 Inconsistency under the National Flood Insurance Act (NFIA) of
1968 42 U.S.C. 4104c since the forms only offered property owners one
mitigation option, acquisition, and no other mitigation activities such
as relocation, structure elevation, or mitigation reconstruction
 Inconsistency under 44 CFR part 80 Property Acquisition and
Relocation for Open Space, which restricts post-acquisition land use to
outdoor recreational activities, wetlands management, nature reserves,
farming (i.e., cultivation, grazing), camping and other uses FEMA
determines are compatible with open space and limits the type of new
structures that can be built on the property
 Inconsistency with current Hazard Mitigation Assistance (HMA)
Guidance for acquisition of properties, and inconsistency with the way
FEMA has implemented acquisition projects for the past 30 years, which
require the acquired property to be dedicated and maintained in
perpetuity as open space for the conservation of natural floodplain
functions

    Several comments cited additional reasons for opposition to the
SRPA forms for Pathway 2: Demolition of Structure(s) Only, Property
Owner(s) Retains Ownership, including:

 New structures would endanger first responders in the flood
prone area
 Direct grants discourage conversion of developed land to open
space
 Direct grants fail to reduce the risk posed to property and
human lives
 Lack of robust codes in many communities would not guarantee a
rebuild to a higher standard
 Lack of information justifying how Pathway 2 would be cost-
effective (an eligibility requirement for all HMA projects), and
demonstrate savings over alternative mitigation options
 Risk that direct grants would be abused to spur coastal
development

    Commenters also noted that the new forms were not clear on who
would be responsible for monitoring these properties post-acquisition
to ensure that new structures and improvements conform to grant
requirements. Without clear identification of responsibilities, there
was concern that new structures would not be constructed to meet
community flood building standards.
    The 11 comments in support of SRPA also came from a variety of
sources, including local government, a non-profit organization and
individuals. Commenters in support of SRPA provided the following
reasons:

 Expedited access to funding that will help survivors recover
more quickly
 Reduced risk of experiencing another flood at the same
property in the short-term
 Increase in or maintenance of a community's tax base
 SRPA would result in reconstruction to a higher building code
 Provides a good alternative when a state does not prioritize
substantially damaged homes, or does not expedite an acquisition
project

    Of the comments that expressed support, several of them had
reservations. For example, one commenter expressed strong support for
the property owner to retain land after a demolition but expressed
concern regarding what would happen if the local government did not
want the property owner to do this. Additionally, the commenter was
unsure how the property would be maintained in perpetuity and reported
every three years. The comment reflects a misconception about a SRPA
direct grant as the property owner who retains ownership would not be
required to commit the property to open space in perpetuity. Another
commenter supported SRPA but opined that a property owner should only
be eligible when neither the local jurisdiction nor state have a flood
mitigation plan in place. One association supported SRPA but only if
elevation is included in the eligible project list.
    Three comments neutral to SRPA came from individuals. The
commenters offered recommendations that if followed would make SRPA
acceptable to them. One commenter wanted the added option of elevation,
in addition to the demolition and property owner retention option.
According to the commenter, elevations would address the removal of tax
bases and provide more flexibility in areas impacted by flooding.
    One individual recommended that to make NFIP more fiscally secure,
individuals should be denied NFIP insurance if they reject the options
for a buyout, elevation, and mitigation reconstruction project after
flooding multiple times in a set number of years and once flood
insurance payments total the value of the house. While FEMA recognizes
that denying flood insurance to property owners who reject the option
to mitigate may incentivize mitigation, FEMA does not have statutory
authority to implement such a measure.
    Another commenter indicated a spelling error in the header of a
form, recommended language change in the Statement of Voluntary
Participation form to align more with what is written in the FEMA FORM
086-0-31C and inquired about why the acquisition and demolition process
must be done by FEMA and not by the local community. The form with the
spelling error is no longer an instrument of this information
collection.
    Three comments opposed using the public comment period for
discussing the feasibility of SRPA. One commenter expressed concern
about making a fundamental change to buyout programs through ``the
obscure context and mechanism of reinstating and changing a series of
federal forms.'' The comment reflects a misconception that adding the
forms to the information collection alone would be enough to implement
this new type of grant. Adding the forms was a means of FEMA preparing
to implement the SRPA grant if FEMA received an appropriation for it.
However, FEMA did not receive an appropriation to implement a SRPA
grant and has no plans to implement a SRPA grant currently.
    Another commenter felt the information collection lacked
``explanatory material for the assumptions and procedures in which the
proposed forms are expected to be used . . .'' Specifically, the
commenter wanted access to the proposed forms.

FEMA is not able to publicly post the forms because they have not yet
been approved by OMB. However, if the commenter reaches out to HMA's
Point of Contact for this information collection (Jennie Orenstein),
they will be provided access to the forms.
    Lastly, one commentator wanted to ``extend and expand the public
comment period to allow more knowledgeable evaluation.'' A standard
Paperwork Reduction Act information collection requires both a 60-day
public comment period, followed by a 30-day public comment period. The
program office is responsible for responding to all comments during
these two comment periods. The commenter's remark was part of the 60-
day comment period and, thus, there will be another 30-day comment
period following adjudication of responses and potential changes to
forms.
    Six comments were beyond the scope of the information collection
and involved the following topics:

 Inquire into specific mechanisms used to compel local
governments to participate in SRPA grants
 Inquire about funding streams, which do not currently exist
for SRPA grants
 Inquire about how to determine if a State and/or community
would not have the capacity to manage direct grants
 Inquire about addressing urban flooding by redefining flood
zones and providing a socially equitable solution to low to middle
income communities when experiencing flooding
 Express a belief that current floodplains are based on best
guesses and anecdotal evidence, which leads to inaccuracies

    Following Hurricane Harvey, to address the dire circumstances of
property owners with substantially damaged homes, FEMA explored
implementing a statutory provision in the National Flood Insurance Act,
42 U.S.C 4104c(a)(3), which authorizes FEMA to provide direct grants to
property owners with severe repetitive loss (SRL) properties under FMA.
After considering the 102 comments submitted mostly in opposition to
SRPA but with some supporting it, in some cases with reservations, FEMA
has decided not to implement SRPA and to withdraw the three forms
related to the SRPA grant, consisting of FEMA Form 086-0-31a, FEMA Form
086-0-31b, and FEMA Form 086-0-31c from the information collection.
    FEMA appreciated the input provided, and felt the commenters raised
many worthy issues for discussion concerning a direct grant to property
owners. Consequently, FEMA intends to pursue an ongoing dialogue with
stakeholders, non-governmental organizations, and other entities or
individuals, as appropriate, to address the merits and problems with
implementing this type of grant.
    In response to comments, FEMA has withdrawn three previously
proposed forms (FEMA Form 086-0-31a, FEMA Form 086-0-31b, and FEMA Form
086-0-31c) from the information collection included in the initial 60-
day public comment period regarding the Severe Risk Property
Acquisition (SRPA) direct grant to property owners for acquisition and
demolition of severe repetitive loss structures. After reviewing all
the comments submitted, FEMA has determined there is no need for SRPA
direct grant-related forms at this time. At this time, FEMA has decided
not to implement the SRPA direct to property owners grant.
    With the withdrawal of the three SRPA-related forms, the
information collection contains only three new forms necessary to
obtain information for HMA's usual grants: Real Property Status Report,
SF-429, Declaration and Release (Declaracion Y Autorizacion) (FEMA Form
009-0-3 or 009-0-4 (Spanish)), and FEMA Form 086-035a (Pages 9-10) NFIP
Repetitive Loss Update Worksheet. The fourth form, the Property Owners'
Voluntary Participation Statement (FEMA Form 86-0-31) is necessary for
FEMA to ensure compliance with regulatory requirements that the
property owner's participation in an acquisition is voluntary. See 44
CFR 80.13. This form was published in previous information collections.
    The Real Property Status Report, SF-429 is a standard, OMB-approved
form under OMB Collection 4040-0016, with a current expiration date of
02/28/2022. It is used to certify that the subrecipient has inspected
properties to ensure consistency with the terms of the deed
restrictions committing the properties to open space in perpetuity. The
SF-429 is an addition to this collection as part of the 2 CFR 200.311
requirements for property management and disposition. While FEMA has
always collected property management reports every three years for
acquired properties, the SF-429 form was not included in previous
collections. Historically, some recipients and subrecipients used the
SF-429 forms, and others used their own formats. FEMA is now proposing
to use the SF-429 to have a uniform and consistent format.
    FEMA collects Declaration and Release, FEMA Form 009-0-3 or
Declaracion Y Autorizacion FEMA Form 009-0-4 (Spanish) (OMB No. 1660-
0002), to certify an individual's information and eligibility. FEMA
will be adding this form to this information collection to obtain
necessary information for its eligibility determinations. This form is
already approved under OMB Collection 1660-0002, Disaster Assistance
Registration, which expires on August 31, 2022.
    FEMA Form 086-0-35a (Pages 9-10) NFIP Repetitive Loss Update
Worksheet, is a form used by the State, Tribe or local community when
acquiring a property to update the status of properties classified as
NFIP repetitive loss to indicate if they have been previously acquired,
retrofitted, or mitigated through a different eligible project type.
These pages are included in an already approved OMB Collection No.
1660-0022, Community Rating System (CRS) Program--Application Letter
and CRS Quick Check, Community Annual Recertification and Environmental
and Historic Preservation Certifications, which expires on March 31,
2020. This form is necessary to keep records for flood insurance
purposes, which allows the NFIP to modify its flood insurance policies.
    This proposed information collection previously published in the
Federal Register on August 9, 2019, at 84 FR 39356 with a 60 day public
comment period. FEMA received one comment that did not require a
response from the agency. This information collection, OMB No. 1660-
0103, expired on January 31, 2018. FEMA is requesting a reinstatement,
with change, of a previously approved information collection for which
approval has expired. The purpose of this notice is to notify the
public that FEMA will submit the information collection abstracted
below to the Office of Management and Budget for review and clearance.

Collection of Information

    Title: Property Acquisition and Relocation for Open Space.
    Type of Information Collection: Reinstatement, with change, of a
previously approved information collection for which approval has
expired.
    OMB Number: 1660-0103.
    Form Titles and Numbers: FEMA Form 086-0-31, Statement of Voluntary
Participation for Acquisition of Property for Purpose of Open Space,
(OMB No.1660-0103); 009-0-3 (English) and 009-0-4 (Spanish),
Declaration and Release, (OMB No. 1660-0002); 086-0-35a (Pages 9-10),
NFIP Repetitive Loss Update Worksheet (OMB No. 1660-

0022); SF-429, Real Property Status Report (OMB No. 4040-0016).
    Abstract: FEMA and State, Tribal and local recipients of FEMA
mitigation grant programs will use the information collected to meet
the Property Acquisition requirements to implement acquisition
activities under the terms of grant agreements for acquisition and
relocation activities. FEMA and State/local grant recipients will also
use the information to monitor and enforce the open space requirements
for all properties acquired with FEMA mitigation grants.
    Affected Public: State, local or Tribal Government; Individuals or
Households.
    Estimated Number of Respondents: 2,773.
    Estimated Total Annual Burden Hours: 11,528.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $696,085.
    Estimated Respondents' Operation and Maintenance Costs: There are
no annual costs to respondents' operations and maintenance costs for
technical services.
    Estimated Respondents' Capital and Start-Up Costs: There is no
annual start-up or capital costs.
    Estimated Total Annual Cost to the Federal Government: The cost to
the Federal Government is $687,687.

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.

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2019-24347 Filed 11-6-19; 8:45 am]
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[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14006-14007]
[DOCID:fr30mr09-2]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0137; Airspace Docket No. 08-AWP-2]

Establishment of Class E Airspace; Death Valley, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace at Death Valley,
CA. Controlled airspace is necessary to facilitate vectoring of
Instrument Flight Rules (IFR) traffic from en route airspace to Las
Vegas, NV. The FAA is taking this action to enhance the safety and
management of IFR aircraft operations near Las Vegas, NV. This action
also makes a minor change to the geographic coordinates of the
airspace.

DATES: Effective Date: 0901 UTC, July 2, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA, 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On September 10, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to establish controlled airspace at Death
Valley, CA, (73 FR 52638). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. A minor change to
the geographic coordinates of the airspace area was provided by the
FAA's Charting Office to better depict the airspace.
    Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.9S signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace at Death Valley, CA.
Controlled airspace is necessary to accommodate IFR aircraft vectoring
from en route airspace to Las Vegas, NV. With the exception of
editorial changes, and the changes described above, this rule is the
same as that proposed in the NPRM.
    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.
Therefore, this regulation: (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 will only affect 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. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses 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 establishes controlled airspace at Death Valley, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 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 the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008 is amended as follows:

Paragraph 6006. En Route Domestic Airspace Areas.

AWP CA E6 Death Valley, CA [New]

Clarr Intersection
    (Lat. 35[deg]40'32'' N., long. 115[deg]40'47'' W.)

    That area extending upward from 1,200 feet above the surface
within an area beginning at lat. 36[deg]51'00'' N., long.
116[deg]33'33'' W.; thence northwest to lat. 36[deg]56'33'' N.,
long. 117[deg]11'21'' W.; thence southeast to lat. 35[deg]34'30''
N., long. 116[deg]23'30'' W.; thence southeast to lat.
35[deg]17'29'' N., long. 116[deg]10'01'' W.; thence northeast along
VOR Federal Airway V-394 to the Clarr Intersection; thence northwest
along VOR Federal Airway V-135 to lat. 36[deg]29'00'' N., long.
116[deg]26'33'' W.; thence north to lat. 36[deg]46'00'' N., long.
116[deg]26'33'' W.; thence to the point of origin.

    Issued in Seattle, Washington, on March 13, 2009.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-6999 Filed 3-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49928-49929]
[FR Doc No: 2017-23347]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0383]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 41 individuals from the
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated diabetes mellitus (ITDM) from
operating a commercial motor vehicle (CMV) in interstate commerce. The
exemptions enable these individuals with ITDM to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on April 8, 2017. The exemptions
expire on April 8, 2019.

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

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On March 8, 2017, FMCSA published a notice announcing receipt of
applications from 41 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (82 FR 13050). The public comment period ended on April 7, 2017,
and four comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person:
    Has no established medical history or clinical diagnosis of
diabetes mellitus currently requiring insulin for control.

III. Discussion of Comments

    FMCSA received four comments in this proceeding. Janet Sandoval and
two anonymous commenters stated that they are against granting Mr. Ta
Canunpa W. Banks the exemption. Ms. Sandoval stated that she does not
believe Mr. Banks is under sufficient medical care for diabetes and
that all drivers should be required to regularly see an endocrinologist
to ensure their diabetes is under control. Quarterly and annual
monitoring by an endocrinologist and eye doctor is a stipulation of the
exemption. Drivers are required to submit these reports to the Agency
on a continuing basis while they hold an exemption. The first anonymous
commenter stated that Mr. Banks provided falsified information in order
to obtain a medical card. The second anonymous commenter did not
provide a reason for their objection to granting Mr. Banks an
exemption. A third anonymous commenter stated that they were in favor
of granting the exemptions to all drivers listed in this notice, and
that the previous three comments appear to be a ``smear campaign''
directed towards Mr. Banks as they have no documentation to support
their claims. FMCSA investigated the claim that Mr. Banks provided
falsified information in order to obtain a medical card. Mr. Banks did
not disclose insulin use to his Medical Examiners on exams dated
January 27, 2017 and February 14, 2017 based on his fear of losing his
livelihood. However, he did disclose it in the exam submitted as part
of his exemption application on November 11,

2016. FMCSA evaluated the medical records provided by Mr. Banks and
determined that granting him an exemption would achieve an equivalent
or greater level of safety than would be achieved without granting him
an exemption.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on the program eligibility criteria and an individualized
assessment of information submitted by each applicant.
    These 41 applicants have had ITDM over a range of 1 to 27 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (two
or more) severe hypoglycemic episodes in the past five years. In each
case, an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the March 8, 2017
Federal Register notice (82 FR 13050) and will not be repeated in this
notice.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must submit a quarterly monitoring checklist completed by
the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keeping a copy in his/
her driver's qualification file if he/she is self-employed. The driver
must also have a copy of the exemption when driving, for presentation
to a duly authorized Federal, State, or local enforcement official.

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 41 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

Joseph A. Akers (WV)
Leslie R. Auger (MO)
Ta Canunpa W. Banks (SD)
Ralph E. Beard (MI)
Darrell W. Britnell (NC)
Paul M. Capeder (MN)
Robert D. Carnazzo (MA)
Randall C. Coleman (WA)
Thomas K. Coleman (NC)
Mark A. Cologne (LA)
Christopher J. Comstock (TX)
Alexander H. Cromartie (PA)
Michael R. Dark (TX)
Joseph P. Dellavolpe (NJ)
Shea E. Durand (NY)
David L. Farris (KS)
Donald D. Fown (OH)
Michael L. Gamache (NH)
David P. Glaeser (CO)
Donald J. Gray (CA)
James E. Guthrie, IV (KY)
James F. Hamilton (SD)
Paul R. Hanson (MN)
Jaculyn E. Heck (DE)
Greg J. Isom (GA)
Mark J. Johnson (WA)
Tyson C. Johnson (PA)
Darrell W. Luck (NC)
Gregory L. Markin (WI)
Patrick May (MD)
Elbert J. Means (SC)
Peter R. Meyer (WA)
Andrew R. Morris (WA)
Timothy A. Parks, Jr. (MD)
Dennis Pitt (NY)
Antonio R. Ragin (CT)
Matthew Reynolds (PA)
Robert G. Smith (MA)
Patricia M. Spurgeon (NY)
Robert M. Sypolt (WV)
Brandon R. Wedding (OR)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two 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.

    Issued on: October 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-23347 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P