[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29428-29430]
[FR Doc No: 2022-10350]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0043]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or June 13, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2022-0043 using any of the following
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2022-0043, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 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, (202)
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2022-0043), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2022-0043. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2022-0043, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed,

and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

C. Privacy Act

    In accordance with 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 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 11 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    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 (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \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.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate 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.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

James Craw

    Mr. Craw is a 40-year-old class C license holder in Maine. He has a
history of focal epilepsy and has been seizure free since 2010. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2010. His physician states that he is supportive of Mr.
Craw receiving an exemption.

Jeremy Fehrman

    Mr. Fehrman is a 36-year-old class D license holder in Minnesota.
He has a history of focal epilepsy and has been seizure free since
2013. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Fehrman receiving an exemption.

David Funk

    Mr. Funk is a 49-year-old class D license holder in Ohio. He has a
history of focal epilepsy and has been seizure free since 2014. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. His physician states that he is supportive of Mr.
Funk receiving an exemption.

Christopher Gilmore

    Mr. Gilmore is a 32-year-old class C license holder in Texas. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2018. His physician states that he is
supportive of Mr. Gilmore receiving an exemption.

John Holland, III

    Mr. Holland is a 36-year-old class A license holder in Indiana. He
has a history of localization related epilepsy and has been seizure
free since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2019. His physician states that he
is supportive of Mr. Holland receiving an exemption.

Sean Moran

    Mr. Moran is a 26-year-old regular operator's license holder in
Massachusetts. He has a history of epilepsy and has been seizure free
since 2008. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Moran receiving an exemption.

John Picken

    Mr. Picken is a 73-year-old class D license holder in Utah. He has
a history of stroke aborted by tissue plasminogen activator and has
been seizure free since 2021. He does not take anti-seizure medication.
His physician states that he is supportive of Mr. Picken receiving an
exemption.

Neil Southern

    Mr. Southern is a 63-year-old class R license holder in Colorado.
He has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2013. His physician states that he is supportive of Mr.
Southern receiving an exemption.

Daniel Verduzco

    Mr. Verduzco is a 30-year-old class C license holder in California.
He has a history of a single seizure and has been seizure free since
2016. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Mr. Verduzco receiving an exemption.

Charles Vicars

    Mr. Vicars is a 66-year-old class A license holder in Virginia. He
has a history of epilepsy and has been seizure free since 1990. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2019. His physician states that he is supportive of Mr.
Vicars receiving an exemption.

Karl Wilson, Jr.

    Mr. Wilson is a 41-year-old class A license holder in Georgia. He
has a history of seizures and has been seizure free since 2014. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2019. His physician states that he is supportive of Mr.
Wilson receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-10350 Filed 5-12-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Page 20163]
[FR Doc No: 2015-08660]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0222]

Drawbridge Operation Regulations; Piscataqua River, Kittery, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Sara M. Long Bridge, mile 2.5,
across the Piscataqua River between Portsmouth, New Hampshire and
Kittery, Maine. This deviation is necessary to facilitate bridge
construction. This deviation allows the secondary draw at the Sara M.
Long Bridge to remain closed to marine traffic during construction.

DATES: This deviation is effective from May 15, 2015 through October
31, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0222] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, contact Ms. Judy K. Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions on viewing the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Sara M. Long Bridge across the
Piscataqua River, mile 2.5, between Portsmouth, New Hampshire and
Kittery, Maine, has a vertical clearance in the closed position of 8
feet at mean high water and 18 feet at mean low water.
    The secondary draw section will remain closed during construction.
The existing bridge operating regulations are found at 33 CFR
117.531(c).
    The waterway is transited by seasonal recreational vessels and
commercial vessels of various sizes.
    The bridge owner, Maine Department of Transportation, requested a
temporary deviation from the normal operating schedule to facilitate
bridge construction.
    Under this temporary deviation the Sara M. Long Bridge secondary
draw may remain in the closed position from May 15, 2015 through
October 31, 2015.
    There is an alternate route for vessel traffic under the main span
of the Sara M. Long Bridge. Vessels are advised to remain clear of the
secondary draw and related construction activities during this closure.
The secondary draw may be opened in the event of an emergency.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notice to Mariners of the change in operating
schedule for the bridges so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 6, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-08660 Filed 4-14-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42720-42722]
[FR Doc No: 2017-19086]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0018]

Volkswagen Group of America; Receipt of Petition for Temporary
Exemption From FMVSS No. 108

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of receipt of a petition for a temporary exemption from
certain headlamp requirements of Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment.

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SUMMARY: In accordance with the procedures, Volkswagen Group of America
(Volkswagen, or Petitioner) has petitioned the agency for a temporary
exemption from certain headlamp requirements of FMVSS No. 108 to allow
the use of adaptive driving beam headlights. Volkswagen requests the
exemption on the basis that it would facilitate the development or
field evaluation of a new motor vehicle safety feature providing a
safety level at least equal to that of the standard. NHTSA has made no
judgment on the merits of the application. This notice of receipt of an
application for a temporary exemption is published in accordance with
statutory and administrative provisions.

DATES: You should submit your comments not later than October 11, 2017.

FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>;
Fax:<PHONE_NUMBER>.

ADDRESSES: We invite you to submit comments on the application
described above. You may submit comments identified by docket number in
the heading of this notice by any of the following methods:
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR part 512).

SUPPLEMENTARY INFORMATION:

I. Statutory Authority for Temporary Exemptions

    The National Traffic and Motor Vehicle Safety Act (``Safety Act''),
codified at 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis and under
specified

circumstances, motor vehicles from a motor vehicle safety standard or
bumper standard. This authority is set forth at 49 U.S.C. 30113. The
Secretary has delegated the authority for implementing this section to
NHTSA.
    The Safety Act authorizes the Secretary to grant a temporary
exemption to a vehicle manufacturer under certain conditions. Under the
conditions relevant to this petition, the Secretary may grant a
petition on finding that the exemption is consistent with the public
interest and with the Safety Act, and that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to the safety
level of the standard.\1\
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    \1\ 49 U.S.C. 30113(3).
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    NHTSA established 49 CFR part 555, Temporary Exemption From Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements specified
in 49 CFR 555.5 state that the petitioner must set forth the basis of
the application by providing the information required under Part 555.6,
and the reasons why the exemption would be in the public interest and
consistent with the objectives of 49 U.S.C. Chapter 301.
    A petition on the basis that the exemption would make easier the
development or field evaluation of a new motor vehicle safety feature
providing a safety level at least equal to the safety level of the
standard must include the information specified in 49 CFR 555.6(b). The
main requirements of that section include:
    (1) A description of the safety or impact protection features, and
research, development, and testing documentation establishing the
innovational nature of such features;
    (2) An analysis establishing that the level of safety or impact
protection of the feature is equivalent to or exceeds the level of
safety or impact protection established in the standard from which
exemption is sought, including the following: A detailed description of
how a vehicle equipped with the safety or impact protection feature
differs from one that complies with the standard; if applicant is
presently manufacturing a vehicle conforming to the standard, the
results of tests conducted to substantiate certification to the
standard; and the results of tests conducted on the safety or impact
protection features that demonstrates performance which meets or
exceeds the requirements of the standard;
    (3) Substantiation that a temporary exemption would facilitate the
development or field evaluation of the vehicle;
    (4) A statement whether, at the end of the exemption period, the
manufacturer intends to conform to the standard, apply for a further
exemption, or petition for rulemaking to amend the standard to
incorporate the safety or impact protection features; and
    (5) A statement that not more than 2,500 exempted vehicles will be
sold in the United States in any 12-month period for which an exemption
may be granted pursuant to this paragraph.

II. Overview of Petition

    Volkswagen has submitted a petition asking the agency for a
temporary exemption from certain headlamp requirements of FMVSS No. 108
for vehicles equipped with adaptive driving beam (``ADB'') headlamps.
ADB is defined by SAE International (``SAE'') as a long-range forward
visibility light beam that adapts to the presence of opposing (i.e.,
approaching from the opposite direction) and preceding vehicles by
modifying portions of the projected light in order to reduce glare to
the drivers and riders of those vehicles. Volkswagen wishes to install
its ``Matrix Beam'' ADB system on Audi A7 models, which may also
include S7 and Rs7 variants (collectively, ``subject vehicles'').
    In order to do so, Volkswagen requests an exemption from S9.4 and
S10.14.6 of FMVSS No. 108. S9.4 requires that a vehicle have a means of
switching between lower and upper beams designed and located so that it
may be operated conveniently by a simple movement of the driver's hand
or foot; that the switch have no dead point; and, except as provided by
S<IP_ADDRESS>, that the lower and upper beams must not be energized
simultaneously except momentarily for temporary signaling purposes or
during switching between beams. S10.14.6 specifies the photometry
requirements for integral beam headlighting systems. Volkswagen
indicates that Matrix Beam may not comply with these requirements.
    The basis for the application is that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of the
standard. Volkswagen explains how the Matrix Beam system operates and
the safety benefits it believes the system would offer. Volkswagen
states that the safety benefit is that ADB enhances nighttime
visibility for the driver while at the same time reducing glare
(relative to the glare that would be caused by headlamps on upper beam)
to oncoming and preceding vehicles. In order to establish the
innovational and safety-improving nature of the Matrix Beam system,
Volkswagen summarizes, refers to, and submits research, development,
and testing documentation, including the following: A recent technical
paper summarizing the safety benefits of ADB systems; Toyota's pending
petition for rulemaking to amend FMVSS No. 108 to allow ADB (Docket No.
NHTSA-2013-0004); an excerpt from the United Kingdom version of the
Audi owner's manual explaining the Matrix Beam system; and an Audi
Matrix LED headlight training document.
    Volkswagen states that it has received EU Type Approval for its
system and is currently installing the system on the following EU Audi
models: A4, A6, A7, A8, TT, and Q7. Volkswagen explains that Audi has
sold 122,979 vehicles equipped with the Matrix Beam in 55 markets
outside the United States. Of the 77,014 model year 2016 vehicles, only
69 warranty cases were found involving a customer complaint related to
the adjustment or functionality of the Matrix Beam headlamps (a repair
per 1000-vehicle rate of 0.90 R/1000 (0.09%)). Volkswagen states that
this shows that the Matrix Beam is very reliable. Volkswagen states
that the Matrix Beam system complies with a recently-published SAE
standard for ADB systems, SAE J3069 JUN2016. Volkswagen also provides
compliance test reports to demonstrate that the non-exempt subject
vehicles comply with the headlamp-related requirements of FMVSS No.
108.
    Petitioner states that a temporary exemption would facilitate the
development and field evaluation of the Matrix Beam system. Volkswagen
explains that it intends to collect feedback from customers who
purchase the exempt vehicles and to obtain data multiple times
throughout the duration of the exemption. Each time the customer brings
their vehicle to the dealer for service or routine maintenance, the
customer will be given a survey. The survey will inquire about the
customer's typical driving characteristics, satisfaction with the
Matrix Beam, overall Matrix Beam performance, and views on the safety
of the Matrix Beam. Volkswagen believes that this will enable it to
both achieve a relatively high response rate as well as monitor changes
in customer responses based on length of time of ownership and mileage.
Volkswagen requests that it be permitted to import and sell 2,500
exempted vehicles during each of the

12-month periods covered by the exemption. Petitioner states that on or
before the end of the exemption period, it hopes that the pending
Toyota petition for rulemaking will be granted, and that FMVSS No. 108
will be amended to allow ADB. If by the end of the exemption period,
FMVSS No. 108 has not been so amended, then Volkswagen intends either
to cease offering the system in the United States or request an
extension.

III. Completeness and Comment Period

    Upon receiving a petition, NHTSA conducts an initial review of the
petition with respect to whether the petition is complete and whether
the petitioner appears to be eligible to apply for the requested
exemption. The agency has tentatively concluded that the petition from
Volkswagen is complete and that Volkswagen is eligible to apply for a
temporary exemption. The agency has not made any judgment on the merits
of the application, and is placing a copy of the petition and other
related materials in the docket.
    The agency seeks comment from the public on the merits of
Volkswagen's application for a temporary exemption from S9.4 and
S10.14.6 of FMVSS No. 108. We are providing a 30-day comment period.
After considering public comments and other available information, we
will publish a notice of final action on the application in the Federal
Register.

    Issued on September 5, 2017.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-19086 Filed 9-8-17; 8:45 am]
 BILLING CODE 4910-59-P


Supporting Statement for Information Collection Request Exclusion Determinations for New Non road Spark ignited Engines At or Below 19 Kilowatts, New Non road Compression ignited Engines, New Marine Engines, and New On road Heavy Duty Engines EPA Number 1852.02 OMB Control Number 2060 0395 40 CFR 85 Subpart R 40 CFR 89 Subpart A 40 CFR 90 Subpart J 40 CFR 91 Subpart K May 2002 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation US Environmental Protection Agency  2 1. Identification of the Information Collection 1 ( a) Title and Number of the Information Collection Exclusion Determinations for New Non road Spark ignited Engines at or Below 19 Kilowatts, New Non road Compression ignited Engines, New Marine Engines, and New On road Heavy Duty Engines; EPA Number 1852.02; OMB Control Number 2060 0395.

1( b) Short Characterization Under the provisions of the Clean Air Act ( Act), the Administrator is required to promulgate regulations to control air pollutant emissions from ` motor vehicles' and ` non road engines', as defined in the Act. Motor vehicles and non road engines not meeting the applicable definitions are excluded from compliance with current regulations.

A manufacturer may make an exclusion determination by itself; however, manufacturers and importers may routinely request EPA to make such determination to ensure that their determination does not differ from the Agency's. To request an exclusion determination, manufacturers submit a letter with a description of the engine and/ or vehicle ( engine type, horsepower rating, intended usage etc.,) and sales brochures, to the Engine Programs Group ( EPG), Certification and Compliance Division, Office of Transportation and Air Quality. EPG uses this information to determine whether the engine or vehicle is excluded from compliance with one or more emission regulations. EPG then stores the data in its internal files, and makes it available to environmental groups and the public upon request under the Freedom of Information Act.

It is estimated that this information collection will have 12 respondents per year at a total annual cost of $ 2,045.

On March 8, 2002, EPA published in the Federal Register ( FR) a request for public comment on the renewal of this ICR ( 67 FR 10709). In that notice, EPA stated that this ICR was to be consolidated with ICR Number 12.11," Motor Vehicle Exclusion Determinations" ( OMB Control Number 2060 0294). However, this consolidation did not occur. Instead, ICR 12.11 was consolidated into ICR 00783.42, " Motor Vehicle Emission and Fuel Economy Compliance; Light Duty Vehicles, Light Duty Trucks and Motorcycles" ( OMB Control Number 2060 0140). The consolidation of ICR 0012.11 into 0783.42 was described to the public through a FR notice on October 9, 2001 ( 66 FR 51428).  3 2. Need for and Use of the Collection 2( a) Need/ Authority for the collection Section 203( a)( 1) of the Clean Air Act ( Act) prohibits the introduction into commerce of any motor vehicle or engine unless it is covered by a certificate of conformity. Section 208( a) of the Act provides the Administrator with the authority to require a manufacturer to " make such reports, and provide such information as the Administrator may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with [ Title II of the Act] or regulations promulgated thereunder...". This authority was extended to non road engines ( small sparkignited engines, compression ignited engines, locomotive engines and marine engines) under Section 213( d).

The exclusion of vehicles from coverage by the Act's motor vehicle provisions is based on section 216( 2) of the Act, which defines a ` motor vehicle' as " any self propelled vehicle designed for transporting persons or property on a street or highway." Regulations promulgated at Title 40 of the Code of Federal Regulations, Section 85.1703 ( 40 CFR 85.1703), list criteria for determining the applicability of this definition. When one or more of these criteria are met, the vehicle is deemed not a ` motor vehicle' and is excluded from compliance with the motor vehicle emission requirements.

Section 216( 10) of the Act defines ` non road engine' as an " internal combustion engine ( including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 111 [ related to ` motor vehicle' fuels] or section 202 [ related to ` motor vehicles' as previously defined]." An engine not meeting the above definition would not be considered a non road engine, and, therefore, is excluded from the non road engine emission requirements of the Act.

A vehicle or engine may be excluded from compliance under one definition but may be subjected to emission requirements under another. For example, a vehicle can be deemed ` not for use on a street or highway' and, therefore, be excluded from the motor vehicle provisions at 40 CFR Part 85. That same vehicle may meet the definition of a nonroad engine and be covered under 40 CFR Part 89.

A manufacturer may make an exclusion determination by itself; however, manufacturers may elect to submit vehicle or engine specifications to EPA and request that EPA make the exclusion determination.  4 2( b) Practical Utility/ Users of the Data EPA collects information only when a request for exclusion determination is made or in rare instances where EPA believes that a determination made by a manufacturer or importer is erroneous. The information will be used by the Engine Programs Group ( EPG), Certification and Compliance Division, Office of Transportation and Air Quality, Office of Air and Radiation.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication The applicable regulations are administered only by the Office of Transportation and Air Quality. No other program or agency collects this information.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register on March 8, 2002 ( 67 Federal Register 10709). No comments were received. A copy of the FR notice is attached.

3( c) Consultations EPA consulted three past respondents regarding this information collection burden.

Contact: Mr. Jean Luc Berne Company: Plein Air, Inc. Phone: 310.318.6222 Fax: 310.318.6552 Contact: Mr. James Lester Company: Vantage Vehicle Group Phone: 714.744.9830 x. 102 Fax: 714.744.1300 Contact: Mr. Larry Keller Company: Polaris Industries Phone: 715.294.5329 Fax: 715.294.2518 This ICR has been amended to reflect their comments.  5 3( d) Effects of Less Frequent Collection Exclusion determinations are made only once. It is impossible to make an exclusion determination without the needed information.

3( e) General Guidelines This section is not applicable. None of the Paperwork Reduction Act guidelines are exceeded.

3( f) Confidentiality Respondents are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality will be provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR Part 2.

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 4( a) Respondents/ NAICS Codes Respondents are manufacturers, importers or vendors of on road heavy duty vehicles, nonroad engines and nonroad equipment within the following North American Industry Classification System codes:

333111 Farm Machinery and Equipment Manufacturing 333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing 33312 Construction Machinery Manufacturing 333618 Other Engine Equipment Manufacturing 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing 4( b) Information Requested ( i) Data Items, Including Recordkeeping Requirements The information is voluntarily submitted and is readily available from sales brochures. The information needed to determine if an engine is covered by a rule depends on the type of engine for which the exclusion determination is requested. Such information includes:  6 1. On road heavy duty engines and vehicles ( 40 CFR 85.1703)

a. Engine type 85.1703( a) b. Descriptive information of the vehicle* 85.1703( a)( 2) i. " Lacks features customarily associated with safe and practical street or highway use..." ii. " Exhibits features which render its use on a street or highway unsafe, impractical, or highly unlikely..." c. Vehicle's capability to transport people 85.1703( a) or materials 2. Non road Compression Ignition Engines ( 40 CFR 89)

a. Engine type 89.1( a) b. Gross power output ( horsepower rating) 89.1( a) c. Intended usage 89.1( b)

3. Spark ignited Marine Engines ( 40 CFR 89)

a. Engine type 91.1 b. Intended usage 91.1( a) c. Method of usage 91.3 d. Descriptive information of the engine* 91.3 e. Description of its technology 91.3 f. Emission levels 91.3 4. Spark ignited Small Engines ( 40 CFR 90)

a. Engine type 90.1( a) b. Gross power output ( horsepower rating) 90.1( a) c. Intended usage 90.1( b) d. Method of usage 90.1( b) e. Descriptive information of the engine* 90.1( b) f. Descriptive information of vehicle being powered* 90.1( b)

* In many cases, pictures from sales brochures are needed to evaluate or clarify some characteristics of the vehicle or equipment.

No recordkeeping is required under this information collection.  7 ( ii) Respondent Activities Respondents will collect readily available information and write to EPA requesting an exclusion determination. If pictures from each side of the vehicle are not available from sales brochures, the respondent will take the pictures, have the film developed, and submit the pictures along with the letter.

5. The Information Collected  Agency Activities, Collection Methodology and Information Management 5( a) Agency Activities EPG reviews the information submitted by the respondent and the requirements of the applicable rule( s), and answers the respondent's request for an exclusion determination. EPG also stores the data. In the event that a third party requests information about a particular exclusion determination, EPG analyzes the data for possible confidential business information and provides appropriate protection, if applicable.

5( b) Collection Methodology and Management The information is collected through a letter submitted by the respondent. The respondent usually includes sales brochures and/ or pictures to help describe the engine or vehicle for which an exclusion determination has been requested. The information submitted is analyzed to determine if the engine or vehicle is covered by the appropriate rules. If the engine is not covered by any rule, an exclusion determination is granted. If it is not covered by the rule under which the exclusion determination was requested but under another regulation, the requester is notified. The information is stored in internal files, and disclosed under the provisions of the Freedom of Information Act.

5( c) Small Entity Flexibility The information required is the minimum needed to make an exclusion determination and is usually readily available from sales brochures. Respondents submit the information voluntarily with a minimum burden. Respondents also have the option of making the exclusion determination by themselves. Further flexibility is not necessary or appropriate.

5( d) Collection Schedule The information is collected only once when an engine manufacturer or importer requests an exclusion determination.  8 6. Estimating the Burden and Cost of the Collection Refer to Table A for further details.

6( a) Estimating Respondent Burden Burden estimates were taken from the previous ICR and adjusted to reflect comments from fewer than 10 respondents consulted by EPA.

6( b) Estimating Respondent Cost ( i) Estimating Labor Costs To estimate labor costs, EPA used the mean hourly wage estimates developed by the Bureau of Labor Statistics ( BLS) for the Industrial and Machinery Equipment Industry ( SIC Major Group 35). The hourly rate estimated by BLS for management occupations ( SOC 11 0000) is $ 32.78. The mean hourly rate for Secretaries, Except Legal, Medical, and Executive ( SOC 43 6014) is $ 11.98.

In the previous ICR, EPA used an hourly rate provided in consultation with the industry of $ 38 per hour for clerical staff instead of the rates provided by BLS. At the time, EPA estimated that clerical staff at major engine manufacturing companies were involved in preparing exclusion determination requests. The rate calculated by BLS ($ 15.15 per hour at the time) is an average for all manufacturing industries and did ( and does) not reflect the actual cost for the engine manufacturing industry, which is much higher.

A review of exclusion determination requests received in the last three years revealed that respondents are mostly equipment manufacturers and importers. These are usually small businesses with salary rates much lower than those of engine manufacturers and, therefore, are better represented by the BLS estimated cost rates.

Also, one past respondent consulted by EPA commented that managers, not clerical staff, are involved in preparing these requests.

Table A, Annual Respondent Burden and Cost, has been amended to reflect these findings.  9 Table A Annual Respondent Burden and Cost Hours and Cost per Respondent Total Hours and Cost Information Collection Activity Manager $ 32.78/ hr Sec. @ $ 11.98/ hr Respon hr/ yr Labor Cost/ yr Capital Start Up Cost O & M Cost 1 Number of Respon 2 Total hr/ yr Total Cost/ yr Gather Information 2.5 0.0 2.5 $ 81.95 0 0 12 30 $ 983.40 Take and develop pictures 0.5 1.0 1.5 $ 28.37 0 $ 18.00 4 6 $ 185.48 Report information 0.5 1.0 1.5 $ 28.37 0 $ 2.00 12 18 $ 364.44 Answer additional questions from EPA 1.5 0.0 1.5 $ 49.17 0 $ 2.00 10 15 $ 511.70 Total for one respondent varies varies 7.0 $ 187.86 0 $ 22.00 12 N/ A N/ A Total cost for the industry 3 N/ A N/ A N/ A $ 1,040 0 $ 116 12 69 $ 2,045 1 Includes postage, photocopying, film and film developing expenses.

2 These numbers take into account that only five respondents are expected to take and develop pictures; the remaining seven are expected to submit pictures already available in sales brochures.

( ii) Estimating Capital and Operations and Maintenance ( O& M) Costs Operation and Maintenance costs associated with this information collection include the photocopying of brochures, postage, film and film development ( Table A). Although only four pictures are needed, one from each side of the engine or vehicle, the cost of a roll of film and its development were included entirely. These pictures are needed to evaluate some vehicle's or equipment's characteristics that could lead to its exclusion from the corresponding rule. If these pictures are available from  10 sales brochures, then the respondent does not have to incur these expenses.

( iii) Capital/ Start up vs. Operating and Maintenance Costs There are no capital start up costs associated with this information collection. O& M costs are discussed in section 6( b)( ii).

( iv) Annualizing Capital Costs There are no capital start up costs associated with this information collection.

6( c) Estimating Agency Burden and Cost Government cost is based on GS 13 salary for professional engineers ($ 31.73/ hr). The hourly rates were obtain from the Office of Personal Management.

Refer to Table B for details.  11 Table B Annual Agency Burden and Cost Hours and Cost per Response Total Hours and Cost Information Collection Activity GS 13 Eng. $ 31.73 / hr Hours Per Respon Labor Cost Per Respon Capital Start Up Cost O& M Cost 1 Number of Respon Total hr/ yr Total Cost/ yr Review the information 1.0 1.0 $ 31.73 0 0 12 12 $ 380.76 Review the rules 2.0 2.0 $ 63.46 0 0 12 24 $ 761.52 Request additional information 1.5 1.5 $ 47.60 0 $ 5.00 10 15 $ 525.95 Answer request 3.0 3.0 $ 95.19 0 $ 2.00 12 36 $ 1,166.28 File information 0.5 0.5 $ 15.87 0 0 12 6 $ 190.38 Total per response 8.0 8.0 $ 253.84 0 $ 7.00 N/ A N/ A N/ A Total for EPA N/ A N/ A $ 2,951 0 $ 74 12 93 $ 3,025 1 Includes phone calls, photocopying expenses and postage.

6( d) Estimating the Respondent Universe and Total Burden and Costs During the last 2 years, EPA has received about 12 exclusion determination requests per year. This increase from the last estimate ( 10 requests per year) reflects the fact that a new category of nonroad engines ( compression ignited engines rated below 37 KW) became regulated for the first time between 1999 and 2000. EPA expects to receive, on average, 12 exclusion requests per year for the next three years. After that, that amount should decrease again.  12 6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally Number of Respondents: 12 Number of Activities: 4 Total Hours Per Year: 69 Total Labor Cost Per Year: $ 1,040 Total Annual Capital Cost: 0 Total Annual O & M Costs: $ 116 Total Costs: $ 2,045 ( ii) Agency Tally Number of Respondents: 12 Number of Activities: 5 Total Hours Per Year: 93 Total Labor Cost Per Year: $ 2,951 Total Annual Capital Cost: 0 Total Annual O & M Costs: $ 74 Total Costs: $ 3,025 6( f) Reasons for change in burden Burden estimates have increased from 16.25 hours in the  13 previous ICR to 69 hours in this renewal for several reasons. First, the number of respondents has increased. In 1999, EPA started regulating compression ignited ( CI) engines rated below 37 kW; therefore, these engines were not included in the previous ICR. Entities or persons requesting exclusion determinations for engines in this category account for most of the responses to this information collection during the past two years.

Second, EPA has increased its burden estimates in response to comments from past respondents. Although previous estimates seemed adequate at the time, the characteristics of today's respondents have changed. Previously, EPA estimated that most respondents were engine manufacturers with certain level of knowledge about emission regulations. However, most of the respondents in the last two years are equipment manufacturers or importers who are not as familiar with EPA's emission regulations. EPA expects that trend to continue.

6( g) Burden Statement In requesting an exclusion determination, respondents are estimated to spend, in average, 7 hours per request. This estimate includes time to gather the necessary information, take and develop pictures, and send a written exclusion request to EPA. There is no recordkeeping burden associated with this ICR.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs,  14 Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 1852.02 and OMB control number 2060 0395 in any correspondence.


Comparison of All Appropriate Inquiries Regulation

and

ASTM E2247-08 Phase I Environmental Site Assessment Process for
Forestland or Rural Property Standard

Introduction

On November 1, 2005, EPA issued a Final Rule (40 CFR 312) establishing
standards and practices for conducting all appropriate inquiries (AAI)
as required under sections 101(35)(B)(ii) and (iii) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), as
amended.  Section 312.11 of the Final Rule stated that ASTM
International Standard E1527-05, “Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process” may
be used to comply with the AAI requirements.

ASTM International recently revised a similar Phase I environmental
assessment standard, specifically ASTM E2247-08, “Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property.” The ASTM
E2247-08 standard is similar to the ASTM E1527-05 standard in format,
process, and areas of coverage. In fact, many of the sections in ASTM
E2247-08 are taken verbatim from the ASTM E1527-05 text. The newly
revised standard, although essentially congruent to the ASTM E1527-05
Phase I Environmental Assessment Standard, provides additional guidance
for the assessment of large tracts of land that are undeveloped or used
primarily for forest and agricultural purposes.

This document presents a comparison of the AAI regulatory requirements
and the requirements of the ASTM E2247-08 standard. It also provides an
opinion as to whether E2247-08 is compliant with the AAI regulation.

Exhibit 1 presents a summary of each of the major sections in the AAI
regulation and the relevant or corresponding sections of the E2247-08
standard. The first column in Exhibit 1 provides a list of the major
activities required by the AAI final rule. The second column provides
citations to the applicable sections of the regulation where the
requirements are discussed. The third column in Exhibit 1 presents the
corresponding sections of the ASTM E2247-08 standard. The fourth column
in Exhibit 1 provides a brief description of any differences between the
two standards. As shown throughout the exhibit, the differences between
the AAI regulatory requirements and the newly revised ASTM E2247-08
standard are minor in nature, and generally reflect the applicability of
the ASTM standard to forestland and rural properties.

Summary of Differences

ASTM E2247-08 is quite similar to ASTM E1527-05, and meets the
requirements set forth in the AAI regulation. Although there are some
minor differences between the AAI regulation and the ASTM standard, most
are related to the scope and applicability of the ASTM E2247-08
standard. Exhibit 1 identifies these minor differences between the AAI
regulation and the ASTM E2247-08 standard. Some of the differences
identified between the AAI regulation and the ASTM E2247-08 standard
also exist between the AAI regulation and ASTM 1527-05 standard. The
differences discussed below are specific to the ASTM E2247-08 standard.
However, none of the differences between the ASTM E2247-08 standard and
the all appropriate inquiries final rule are of a nature that cause the
ASTM E2247-08 standard to be non-compliant with the AAI requirements.

The AAI regulation is applicable to all land use types.  The ASTM
E2247-08 standard, however, was specifically developed for use in
conducting a Phase I environmental assessment on property 120 acres or
greater of undeveloped rural and forestlands. The standard also may be
used to assess properties 120 acres or greater with a developed use of
managed forestland and/or agriculture. The standard allows that the
property may contain isolated areas of other land uses.  The standard
states that the 120 acres do not need to be contiguous, although they
should be part of the same commercial real estate transaction and have
substantially the same land use. Although the specific land use focus of
the ASTM E2247-08 standard reflects a narrower scope than the AAI
regulation, it still meets the requirements of the AAI regulation.

Section 312.24 of the AAI regulation requires review of historical
sources of information to cover a period of time from the present back
until the time when the property first contained structures or was first
used for “residential, agricultural, commercial, industrial or
governmental purposes.” ASTM E2247-08 requires historical record
review back to 1940 or the property’s first developed use, later
defining developed use which includes “agricultural or forestry uses
or placement of fill.” The recognition of forestry use as a
“developed use” is consistent with the provisions and standards of
AAI.

Conclusion

Based on the analysis provided above and Exhibit 1, ASTM E2247-08,
“Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property” is compliant with the AAI regulation.

Exhibit 1

Definitions and Requirements	Final AAI Regulation	ASTM E2247-08
Description of Differences

Section 312.1    Purpose, applicability, scope and disclosure
obligations.

Purpose	312.1(a)	1.1, 7.1	The AAI regulation provides a standard
specifically related to the requirements of CERCLA §§ 101(35)(B)(i)(I)
and 101(35)(B)(ii) and (iii).

ASTM E2247-08 provides a standard for conducting a Phase I environmental
site assessment  of a property 120 acres or greater of forestland or
rural property or with a developed use of only managed forestland and/or
agriculture.  The property need not be contiguous; however, the
non-contiguous areas should have substantially the same general land use
and be part of the same transaction.  The property may contain isolated
areas of non-forestland and non-rural property. In addition, the ASTM
standard states that the practice has utility for a wide range of uses
outside of potential CERCLA liability.

Applicability	312.1(b)	1.1, 4.1, 4.2	The AAI regulation applies to all
properties if the owner wants to qualify for CERCLA liability
protections or those conducting site characterization and assessments
with the use of a grant awarded under CERCLA § 104(k)(2)(B), without
limit to a particular land use.

Although its use is not limited to CERCLA purposes only, ASTM E2247-08
applies specifically to identifying environmental conditions on
forestland, agricultural, and rural properties of at least 120 acres.
The 120 acres do not have to be contiguous, and can have isolated areas
of non-rural/forested land.

Scope	312.1(c)	1.1, 1.1.2, 1.3, 4.1, 4.2.1, 4.2.2	AAI includes Petroleum
Products and Controlled Substances within its scope for persons
conducting AAI with grants awarded under the authorities of CERCLA 104
(k) (2) (B).

ASTM E2247-08 includes petroleum products in its scope because they may
be of concern on parcels of forestland or rural property, not because
they are applicable to the CERCLA landowner liability protections.
Controlled substances are specifically defined as "not within the scope
of" ASTM E2247-08, but ASTM E2247-08 notes that controlled substances
must be included if the assessment is conducted under an EPA Brownfields
Assessment and Characterization Grant where the grantee requests that
controlled substances be included within the scope of the
investigations.

ASTM E2247-08 also discusses two environmental considerations outside
its scope and not addressed in the AAI regulation. These considerations
may be applicable to the condition of the property under certain
circumstances:

	1. Threatened and Endangered Species

	2. Non-point source pollution

The inclusion of these considerations in the ASTM E2247-08 standard does
not affect compliance with the AAI regulatory requirements.

Disclosure Obligations	312.1(d)	Not Specified	ASTM E2247-08 does not
address disclosure obligations for either the user or environmental
professional. This lack of disclosure obligations is not significant
because the AAI regulation does not include any disclosure requirements,
but merely notes that it does not limit or expand any disclosure
requirements otherwise required under CERCLA.

Section 312.10     Definitions

Definition of Abandoned Property	312.10(b)	3.2.1	None

Definition of Adjoining Properties	312.10(b)	3.2.4	None

Definition of Data Gap	312.10(b)	3.2.21	The AAI regulation indicates
that the data gap applies to efforts by the environmental professional
and to the efforts of any person listed in 312.1(b) to gather the
specific information required by §§ 312.20(e)(1) and (e)(2).

The E2247-08 standard indicates that a data gap includes any missing
information that “affects the ability of the environmental
professional to identify recognized environmental conditions,”
including missing information resulting from the inability of the user
(prospective property owner) to provide information to the environmental
professional.

Definition of Environmental Professional 	312.10(b)	3.2.32, X2.1	None.
ASTM E2247-08 specifically refers to the definition provided in the AAI
regulation.

Definition of Relevant Experience	312.10(b)	X2.2	None

Definition of Good Faith	312.10(b)	3.2.38	None

Definition of Institutional Controls	312.10(b)	3.2.46	None

Section 312.11     References

References	312.11	2	Similar and essentially the same. The AAI reference
section lists compliant standards.

The E2247-08 standard lists other standards and practices that may be of
use or of interest to persons using the E2247-08 standard.

Section 312.20      All appropriate inquiries

List of Components in All Appropriate Inquiries	312.20(a)	6, 7	None

Shelf Life of the Written Report 	312.20(b)-(c)	4.6	None

Use of Previous Reports Prepared by Others	312.20 (c)-(d)	4.7	Similar
and essentially the same.  The AAI regulation and the ASTM E2247-08
standard both recognize that environmental site assessments include
information that is relevant to subsequent users and should be
considered to avoid duplicating efforts in the future.  The ASTM
E2247-08 also addresses the contractual and legal obligations to
subsequent users of the site assessments, only in stating that they are
beyond the scope of the practice.

The AAI regulation states that AAI may include the results and
information contained in a previous inquiry so long as the prior AAI was
done in compliance with the requirements of CERCLA §§ 101(35)(B),
101(40)(B) and 107(q)(A)(viii); the information was collected or update
within one year prior to the date of acquisition of the subject
property; previously collected information is updated to include
relevant changes in the conditions of the property and specialized
knowledge; and the following were conducted within 180 days prior to
that acquisition:

Interviews with past and present owners, operators, and occupants

Searches for recorded environmental cleanup liens

Reviews of federal, tribal, state, and local government records

Visual inspections of the facility and of adjoining properties

The declaration by the environmental professional;

ASTM E2247-08 states that prior environmental site assessments may be
used so long as the information was generated as a result of procedures
that meet or exceed the requirements of ASTM E2247-08 and there is a
current investigation of conditions likely to affect recognized
environmental conditions in connection with the property.  This standard
also states generally that additional tasks may be necessary to document
conditions that may have changed materially since the prior assessment
was done.

Objectives	312.20(e)	1.2, 7.1	Similar and essentially the same. The
objectives of the AAI regulation are to set forth the standards and
practices that are intended to result in the identification of
conditions indicative of releases and threatened releases of hazardous
substances on, at, in, or to the subject property in order to satisfy
CERCLA liability protection or Brownfield Assessment grants.

The objectives of ASTM E2247-08 are to set a standard practice for
environmental site assessments for forestland or rural property to
identify recognized environmental conditions for commercial property
transactions.

Contaminants of Concern 	312.20(e)(2)	1.1	The AAI regulation applies to
hazardous substances (and if conducted under 312.1(b)(2) adds
pollutants, contaminants, petroleum and petroleum products, and
controlled substances). The ASTM E2247-08 applies to the broad range of
contaminants within the scope of CERCLA and petroleum products. As noted
above, the scope for ASTM E2247-08 generally does not include Controlled
Substances, but recognizes their applicability under EPA Brownfields
Assessment and Characterization Grants.

Performance Factors	312.20(f)	8.1.3, 8.1.4, 7.3.1	None

Data Gaps 	312.20(g)	8.2.3, 12.7	None. The ASTM E2247-08 standard states
that a data gap itself  is not inherently significant. It is only
significant if other information and/or professional experience raises
reasonable concerns involving the data gap. This same concept with
regard to data gaps is addressed in the AAI rule.

Section 312.21     Results of inquiry by an environmental professional

Requirements for Inquiries of the Environmental Professional	312.21(b)
7.2, 6	The ASTM E2247-08 standard fully addresses the provisions
required in the AAI regulation. Both the AAI rule and the ASTM E2247-08
standard require that the investigation include a review of records,
interviews, and a site visit.

The AAI regulation requires that prospective property owners and the
environmental professional conduct interviews with past and present
owners and visual inspections; review government records, historical
sources, commonly known or reasonably ascertainable information, and the
degree of obviousness of the presence and the ability to detect the
contamination and take into account commonly known or reasonably
ascertainable information, the degree of obviousness and ability to
detect contamination.

The ASTM E2247-08 standard requires the environmental site assessment to
include: records review; site reconnaissance; interviews with present
and past owners, operators, and occupants of the property and local
government officials; and an evaluation and report. In addition, the
user must review title and judicial records for environmental liens and
activity and use limitations, report specialized or actual knowledge or
experience of the user, purchase price, any commonly known or reasonably
ascertainable information, and maps of the property.

Both the AAI regulation and the ASTM E2247-08 standard require that the
final report include an opinion regarding additional appropriate
investigation, if the environmental professional holds such an opinion.

Definitions and Requirements	Final AAI Regulation	ASTM E2247-08
Description of Differences

Report Requirements	312.21(c)	12.6, 12.7, 12.13.2	Both require the
report to contain opinions as to whether there are conditions indicative
of release and identification of data gaps. Both the AAI regulation and
the ASTM E2247-08 standard require that the final report include a
statement that the person signing the report meets the definition of an
environmental professional provided in section 312.10 of the AAI
regulation.

Signed Declarations to Be Included in the Written Report	312.21(d)
12.12, 12.13	The declaration required of the environmental professional
is more specific in ASTM E2247-08 than in the AAI regulation. Both
require a declaration that the environmental professional meets the
definition defined in §312.10 and that the AAI investigation was
performed in conformance with 40 CFR Part 312.

ASTM E2247-08 requires an additional statement that the Phase I
assessment was performed in conformance with ASTM E2247-08.

Section 312.22     Additional inquiries

Additional Inquiries	312.22(a)	6.2, 6.3, 6.5, 6.6	The AAI regulation
assigns the task of developing information on environmental cleanup
liens, specialized knowledge, relationship of purchase price to fair
market value, and commonly known information to the person seeking
liability protection or conducting assessments with Brownfields grants.
The AAI regulation states that this data may be provided to the
environmental professional.

The ASTM E2247-08 standard goes further and states that it is the
user’s responsibility to collect the information and the user shall
report environmental cleanup liens information to the environmental
professional.

Section 312.23     Interviews with past and present owners, operators,
and occupants

Interview with the Subject Property Current and Past Owners and
Occupants 	312.23(b), 312.23(c)	10	The AAI regulation states that the
current owner and occupant must be interviewed. Additionally, at least
one of the following groups must be interviewed, to the extent necessary
to achieve the objectives and performance factors: current or past
facility managers; past owners or occupants; or employees of current or
past occupants.

ASTM E2247-08 states that the key site manager or someone with knowledge
of the property should be interviewed.  Additionally, a reasonable
attempt to interview current occupants must be made. If such attempts
fail and subsequently results in a lack of information that results in
the environmental professional’s inability to render an opinion
regarding the environmental conditions at the property, then the
environmental professional would, under the ASTM E2247-08 standard, have
to document the lack of information as a data gap.  This is similar to
the AAI regulation.

Definitions and Requirements	Final AAI Regulation	ASTM E2247-08
Description of Differences

Interviews Conducted at Abandoned Properties	312.23(d)	10.5.5	None.

Section 312.24     Reviews of historical sources of information

Review of Historical Sources: Suggested Sources	312.24(a)	8.3	The ASTM
E2247-08 standard provides a more detailed list of documents to be used
in historical review including activities likely to be found on large
tracts of rural or forested land (oil/mineral development, livestock
dipping vat records).

Review of Historical Sources: Period to Be Covered 	312.24(b)	8.3.2	The
AAI regulation requires that the historical record review must cover a
period of time as far back in the history of the subject property as it
can be shown that the property contained structures or from the time the
property was first used for residential, agricultural, commercial,
industrial or governmental purposes.

ASTM E2247-08 indicates that all records back to 1940, or back to the
property's first developed use, whichever is earlier, should be used.
"Developed use" specifically includes forestry use. The ASTM E2247-08
standard is more stringent than the AAI final regulation.

Section 312.25     Searches for recorded environmental cleanup liens

Searches for Recorded Environmental Cleanup Liens	312.25	6.2, 6.4,
<IP_ADDRESS>	Both the regulation and the standard require a search for
liens, however, AAI allows the user to retain the information or share
it with the environmental professional, whereas ASTM E2247-08 states
that the information shall be provided to the environmental
professional.

Section 312.26     Reviews of Federal, State, Tribal, and local
government records

Government Records Review: List of Records 	312.26(a), 312.26(b)	6.2,
<IP_ADDRESS>, 8.2.2, 8.3.4	The ASTM E2247-08 standard provides a more
expansive list of secondary environmental records sources than the AAI
regulation (8.2.2). These secondary sources include records for the
optional scope areas including inventories of threatened and endangered
species and best management practice violations for water quality
protection. Additional record sources specifically reference Department
of Natural Resources and Division of Forestry.

Government Records Review: Search Distance	312.26(c), 312.26(d)	8.1.2,
<IP_ADDRESS>	None

Definitions and Requirements	Final AAI Regulation	ASTM E2247-08
Description of Differences

Section 312.27     Visual inspections of the facility and of adjoining
properties

Site Visit: Requirements 	312.27(a), 312.27(b)	9	The AAI regulation
requires that visual inspections of the facility be conducted or updated
within 180 days of and prior to the date of acquisition.

ASTM E2247-08 standard states that a prior environmental site assessment
may be used for the purposes of guidance (without time limitation), but
shall not be relied upon without new site reconnaissance.  This is
similar to the AAI regulation.

Site Visit: Limitations	312.27(c)	9.2.4	None

Section 312.28     Specialized knowledge or experience on the part of
the defendant

Specialized Knowledge or Experience	312.28	6.3	The AAI regulation
requires the user to take into account any specialized knowledge of the
area around the property and the conditions of adjoining properties.

ASTM E2247-08 does not explicitly require the user to provide the
environmental professional with specialized knowledge about adjacent
properties.  However, both the AAI regulation and the ASTM E2247-08
standard state that the goal is to use specialized knowledge that is
relevant to property conditions in order to identify conditions
indicative of releases or to identify RECs.  Therefore, if there is
relevant specialized knowledge, the user (or prospective property owner)
is required to take the information into account.

Section 312.29     The relationship of the purchase price to the value
of the property, if the property was not contaminated

The Relationship of the Purchase Price to the Value of the Property
312.29	6.5	None

Section 312.30     Commonly known or reasonably ascertainable
information about the property

Commonly Known or Reasonably Ascertainable Information about the
Property	312.30	4.1, 6.6	Similar requirements, but the ASTM E2247-08
standard adds that the user should notify the environmental professional
of this knowledge prior to site reconnaissance.

Section 312.31     The degree of obviousness of the presence or likely
presence of contamination at the property, and the ability to detect the
contamination by appropriate investigation

The Degree of Obviousness of the Presence or Likely Presence of
Contamination	312.31	12.6, 12.8, X.3	Similar requirements, but the ASTM
E2247-08 standard is more specific with the items to be addressed, such
as "items initially suspected to be a recognized environmental condition
and subsequently determined, upon further evaluation, to not be
considered a recognized environmental condition."

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