[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28310-28317]
[FR Doc No: 2018-13016]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0031]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 53 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with insulin-treated
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 18, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0031 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. 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 heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    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.

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 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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 53 individuals listed in this notice have requested an
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3).
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 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. The Agency established the current requirement for
diabetes in 1970 because several risk studies indicated that drivers
with diabetes had a higher rate of crash involvement than the general
population.
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441). The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).

Section 4129 requires: (1) Elimination of the requirement for three
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the three-year driving experience and
fulfilled the requirements of section 4129 while continuing to ensure
that operation of CMVs by drivers with ITDM will achieve the requisite
level of safety required of all exemptions granted under 49 U.S.C.
31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers
of CMVs with ITDM are not held to a higher standard than other drivers,
with the exception of limited operating, monitoring and medical
requirements that are deemed medically necessary. The FMCSA concluded
that all of the operating, monitoring and medical requirements set out
in the September 3, 2003, notice, except as modified, were in
compliance with section 4129(d). Therefore, all of the requirements set
out in the September 3, 2003, notice, except as modified by the notice
in the Federal Register on November 8, 2005 (70 FR 67777), remain in
effect.

II. Qualifications of Applicants

Jason M. Abbott

    Mr. Abbott, 39, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Abbott understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Abbott meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Ohio.

Casey L. Alt

    Mr. Alt, 46, has had ITDM since 1984. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Alt understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Alt meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2018 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Colorado.

Joseph E. Beach

    Mr. Beach, 71, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Beach understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Beach meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Ohio.

Eli A. Berkowitz

    Mr. Berkowitz, 61, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Berkowitz understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Berkowitz meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from New Jersey.

Todd O. Blackwell

    Mr. Blackwell, 50, has had ITDM since 2001. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Blackwell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Blackwell meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Idaho.

Joel H. Blancett, Jr.

    Mr. Blancett, 59, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Blancett understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Blancett meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from New Mexico.

Robert H. Blowers

    Mr. Blowers, 68, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Blowers understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Blowers meets the
requirements of the vision standard at

49 CFR 391.41(b)(10). His optometrist examined him in 2017 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Ohio.

David R. Booth

    Mr. Booth, 61, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Booth understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Booth meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Travis W. Bradford

    Mr. Bradford, 46, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bradford understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bradford meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kentucky.

Darrel L. Burke

    Mr. Burke, 73, has had ITDM since 2007. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Burke understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Burke meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Bryan D. Cash

    Mr. Cash, 53, has had ITDM since 2018. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Cash understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Cash meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2018 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Michigan.

Marty A. Collins

    Mr. Collins, 55, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Collins understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Collins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Oklahoma.

Gino R. Couch

    Mr. Couch, 61, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Couch understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Couch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

James D. Denison

    Mr. Denison, 42, has had ITDM since 2001. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Denison understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Denison meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Iowa.

David L. Derossett, Jr.

    Mr. Derossett, 50, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Derossett understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Derossett meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

John L. Enterkin

    Mr. Enterkin, 53, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Enterkin understands

diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Enterkin meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

William H. Ervin

    Mr. Ervin, 59, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Ervin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Ervin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from North Carolina.

Scot A. Etgen

    Mr. Etgen, 56, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Etgen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Etgen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Zachary D. Fairbanks

    Mr. Fairbanks, 23, has had ITDM since 2005. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Fairbanks understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Fairbanks meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Ohio.

Ward W. Genzel

    Mr. Genzel, 57, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Genzel understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Genzel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Montana.

Kasey D. Green

    Mr. Green, 31, has had ITDM since 2016. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Green understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Green meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from California.

Justin A. Hamic

    Mr. Hamic, 30, has had ITDM since 1990. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hamic understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hamic meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Alabama.

Philip F. Headington

    Mr. Headington, 38, has had ITDM since 2016. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Headington understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Headington meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Jason A. Hendrickson

    Mr. Hendrickson, 40, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hendrickson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hendrickson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Washington.

Bobby R. Isaacson

    Mr. Isaacson, 42, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no

severe hypoglycemic reactions resulting in loss of consciousness,
requiring the assistance of another person, or resulting in impaired
cognitive function that occurred without warning in the past 12 months
and no recurrent (two or more) severe hypoglycemic episodes in the last
five years. His endocrinologist certifies that Mr. Isaacson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Isaacson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

John W. Johnson

    Mr. Johnson, 64, has had ITDM since 2009. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Johnson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Florida.

Douglas E. Kanesky, Jr.

    Mr. Kanesky, 27, has had ITDM since 2016. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kanesky understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kanesky meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Arizona.

William D. Kincaid, Jr.

    Mr. Kincaid, 58, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kincaid understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kincaid meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.

David W. Koch

    Mr. Koch, 55, has had ITDM since 2017. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Koch understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Koch meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Pennsylvania.

Christopher N. Lacy

    Mr. Lacy, 43, has had ITDM since 2017. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Lacy understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Lacy meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2018 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from West Virginia.

John G. Lopez

    Mr. Lopez, 27, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Lopez understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Lopez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.

David E. Marvin

    Mr. Marvin, 68, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Marvin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Marvin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.

Bruce R. McDaniel

    Mr. McDaniel, 69, has had ITDM since 2011. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. McDaniel understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. McDaniel meets
the

requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Oklahoma.

Edward A. Oikemus, Jr.

    Mr. Oikemus, 53, has had ITDM since 2010. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Oikemus understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Oikemus meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Maryland.

Tony L. Pennywell

    Mr. Pennywell, 56, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Pennywell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Pennywell meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.

Blake T. Pinkston

    Mr. Pinkston, 44, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Pinkston understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Pinkston meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Dustin C. Riley

    Mr. Riley, 27, has had ITDM since 2006. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Riley understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Riley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New York.

Wes D. Rodrigue

    Mr. Rodrigue, 52, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Rodrigue understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Rodrigue meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Hampshire.

Johnathan C. Schutz

    Mr. Schutz, 64, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Schutz understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Schutz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Michael P. Scott

    Mr. Scott, 34, has had ITDM since 2010. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Scott understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Scott meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from South
Carolina.

Patrick E. Sevier

    Mr. Sevier, 70, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Sevier understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Sevier meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Iowa.

Keith O. Shaw, Sr.

    Mr. Shaw, 45, has had ITDM since 2016. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in

the last five years. His endocrinologist certifies that Mr. Shaw
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr. Shaw
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Illinois.

Rosalie A. Silva

    Ms. Silva, 63, has had ITDM since 2018. Her endocrinologist
examined her in 2018 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Silva understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Silva meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from California.

James R. Sizemore

    Mr. Sizemore, 59, has had ITDM since 2010. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Sizemore understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Sizemore meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Virginia.

David A. Stedford

    Mr. Stedford, 48, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Stedford understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Stedford meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Connecticut.

Geraldine St-Germain

    Ms. St-Germain, 31, has had ITDM since 2000. Her endocrinologist
examined her in 2018 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. St-Germain understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. St-Germain meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she does not have
diabetic retinopathy. She holds an operator's license from New Jersey.

Theodore F. Stuard II

    Mr. Stuard, 68, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Stuard understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Stuard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Richard J. Taylor

    Mr. Taylor, 65, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Taylor understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Taylor meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Illinois.

Chris A. Voelker

    Mr. Voelker, 58, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Voelker understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Voelker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Benjamin B. Webb

    Mr. Webb, 55, has had ITDM since 1989. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Webb understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Webb meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds an operator's license from North Carolina.

Donnie E. Winters

    Mr. Winters, 65, has had ITDM since 2007. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Winters understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Winters meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Mississippi.

Heath A. Woodiwiss

    Mr. Woodiwiss, 48, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Woodiwiss understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Woodiwiss meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Anthony K. Zelinsky

    Mr. Zelinsky, 21, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Zelinsky understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Zelinsky meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the dates
section of the notice.

IV. Submitting Comments

    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 http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0031 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0031 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13016 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65521-65526]
[FR Doc No: 2012-26528]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0782; FRL-9747-1]

Determination of Attainment for the San Francisco Bay Area
Nonattainment Area for the 2006 Fine Particle Standard; California;
Determination Regarding Applicability of Clean Air Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the San Francisco Bay Area
nonattainment area in California has attained the 2006 24-hour fine
particle (PM2.5) National Ambient Air Quality Standard
(NAAQS). This proposed determination is based upon complete, quality-
assured, and certified ambient air monitoring data showing that this
area has monitored attainment of the 2006 24-hour PM2.5
NAAQS based on the 2009-2011 monitoring period. EPA is further
proposing that, if EPA finalizes this determination of attainment, the
requirements for this area to submit an attainment demonstration,
together with reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, and contingency measures for
failure to meet RFP and attainment deadlines shall be suspended for so
long as the area continues to attain the 2006 24-hour PM2.5
NAAQS.

DATES: Written comments must be received on or before November 28,
2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2012-0782 by one of the following methods:
    1. Federal eRulemaking Portal, at www.regulations.gov, please
follow the on-line instructions;
    2. Email to<EMAIL_ADDRESS>or
    3. Mail or delivery to John Ungvarsky, Air Planning Office, AIR-2,
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, California 94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information you consider to
be CBI or otherwise protected should be clearly identified as such and
should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA. We are providing the following
outline to aid in locating information in this proposal.

Table of Contents

I. What determination is EPA making?
II. What is the background for this action?
    A. PM2.5 NAAQS
    B. Designation of PM2.5 Nonattainment Areas
    C. How does EPA make attainment determinations?
III. What is EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations
    B. Evaluation of Current Attainment
IV. How does EPA's Clean Data Policy apply to this action?
    A. Application of EPA's Clean Data Policy to the 2006
PM2.5 NAAQS
    B. History and Basis of EPA's Clean Data Policy
V. EPA's Proposed Action and Request for Public Comment
VI. Statutory and Executive Order Reviews

I. What determination is EPA making?

    EPA is proposing to determine that the San Francisco Bay Area
nonattainment area has clean data for the 2006 24-hour NAAQS for fine
particles (generally referring to particles less than or equal to 2.5
micrometers in diameter, PM2.5). This determination is based
upon complete, quality-assured, and certified ambient air monitoring
data showing the area has monitored attainment of the 2006
PM2.5 NAAQS based on 2009-2011 monitoring data. Preliminary
data in EPA's Air Quality System (AQS) for 2012 indicate that the area
continues to attain the 2006 PM2.5 NAAQS. Based on this
determination, we are also proposing to suspend the obligations on the
State of California to submit certain state implementation plan (SIP)
revisions related to attainment of this standard for this area for as
long as the area continues to attain the standard.

II. What is the background for this action?

A. PM2.5 NAAQS

    Under section 109 of the Clean Air Act (CAA or ``Act''), EPA has
established national ambient air quality standards (NAAQS or
``standards'') for certain pervasive air pollutants (referred

to as ``criteria pollutants'') and conducts periodic reviews of the
NAAQS to determine whether they should be revised or whether new NAAQS
should be established.
    On July 18, 1997, EPA revised the NAAQS for particulate matter to
add new standards for PM2.5, using PM2.5 as the
indicator for the pollutant. EPA established primary and secondary \1\
annual and 24-hour standards for PM2.5 (62 FR 38652). The
annual standard was set at 15.0 micrograms per cubic meter ([mu]g/
m\3\), based on a 3-year average of annual mean PM2.5
concentrations, and the 24-hour standard was set at 65 [mu]g/m\3\,
based on the 3-year average of the 98th percentile of 24-hour
PM2.5 concentrations at each population-oriented monitor
within an area.
---------------------------------------------------------------------------

    \1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by EPA as requisite to
protect the public health, and ``secondary'' standards are those
determined by EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. See CAA section
109(b).
---------------------------------------------------------------------------

    On October 17, 2006 (71 FR 61144), EPA revised the level of the 24-
hour PM2.5 NAAQS to 35 [mu]g/m\3\, based on a 3-year average
of the 98th percentile of 24-hour concentrations. EPA also retained the
1997 annual PM2.5 standard at 15.0 [mu]g/m\3\ based on a 3-
year average of annual mean PM2.5 concentrations, but with
tighter constraints on the spatial averaging criteria.

B. Designation of PM2.5 Nonattainment Areas

    Effective December 14, 2009, EPA established the initial air
quality designations for most areas in the United States for the 2006
24-hour PM2.5 NAAQS. See 74 FR 58688; (November 13, 2009).
Among the various areas designated in 2009, EPA designated the San
Francisco Bay Area \2\ in California as nonattainment for the 2006 24-
hour PM2.5 NAAQS.\3\ The boundaries for this area are
described in 40 CFR 81.305.
---------------------------------------------------------------------------

    \2\ The San Francisco Bay Area PM2.5 nonattainment
area includes southern Sonoma, Napa, Marin, Contra Costa, San
Francisco, Alameda, San Mateo, Santa Clara and the western part of
Solano counties.
    \3\ With respect to the annual PM2.5 NAAQS, this area
is designated as ``unclassifiable/attainment.''
---------------------------------------------------------------------------

    Within three years of the effective date of designations, states
with areas designated as nonattainment for the 2006 PM2.5
NAAQS are required to submit SIP revisions that, among other elements,
provide for implementation of reasonably available control measures
(RACM), reasonable further progress (RFP), attainment of the standard
as expeditiously as practicable but no later than five years from the
nonattainment designation (in this instance, no later than December 14,
2014), as well as contingency measures. See CAA section 172(a)(2),
172(c)(1), 172(c)(2), and 172(c)(9). Prior to the due date for
submittal of these SIP revisions, the State of California requested
that EPA make a determination that the San Francisco Bay Area \4\
nonattainment area has attained the 2006 PM2.5 NAAQS and
determine that attainment-related SIP submittal requirements are not
applicable for as long as the area continues to attain the standard.
Today's proposal responds to the State's request.
---------------------------------------------------------------------------

    \4\ On December 8, 2011, James Goldstene, Executive Officer of
the California Air Resources Board, submitted a request to Jared
Blumenfeld, Regional Administrator, U.S. EPA Region IX, to find the
San Francisco Bay Area PM2.5 nonattainment area had
attained the 2006 24-hour PM2.5 NAAQS.
---------------------------------------------------------------------------

C. How does EPA make attainment determinations?

    A determination of whether an area's air quality currently meets
the PM2.5 NAAQS is generally based upon the most recent
three years of complete, quality-assured data gathered at established
State and Local Air Monitoring Stations (SLAMS) in a nonattainment area
and entered into the AQS database. Data from air monitors operated by
state/local agencies in compliance with EPA monitoring requirements
must be submitted to AQS. Monitoring agencies annually certify that
these data are accurate to the best of their knowledge. Accordingly,
EPA relies primarily on data in AQS when determining the attainment
status of areas. See 40 CFR 50.13; 40 CFR part 50, appendix L; 40 CFR
part 53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
All data are reviewed to determine the area's air quality status in
accordance with 40 CFR part 50, appendix N.
    Under EPA regulations in 40 CFR part 50, section 50.13 and in
accordance with appendix N, the 2006 24-hour PM2.5 standard
is met when the design value is less than or equal to 35 [micro]g/m\3\
(based on the rounding convention in 40 CFR part 50, appendix N) at
each monitoring site within the area.\5\ The PM2.5 24-hour
average is considered valid when 75 percent of the hourly averages for
the 24-hour period are available. Data completeness requirements for a
given year are met when at least 75 percent of the scheduled sampling
days for each quarter have valid data.
---------------------------------------------------------------------------

    \5\ The PM2.5 24-hour standard design value is the 3-
year average of annual 98th percentile 24-hour average values
recorded at each monitoring site [see 40 CFR part 50, appendix N,
section 1.0(c)], and the 24-hour PM2.5 NAAQS is met when
the 24-hour standard design value at each monitoring site is less
than or equal to 35 [micro]g/m\3\.
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III. What is EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    In the San Francisco Bay Area PM2.5 nonattainment area,
the Bay Area Air Quality Management District (BAAQMD) is the agency
responsible for monitoring ambient air quality.\6\ BAAQMD submits
annual monitoring network plans to EPA. These plans describe the
monitoring network operated by BAAQMD in the San Francisco Bay Area
nonattainment area and discuss the status of the air monitoring
network, as required under 40 CFR 58.10.
---------------------------------------------------------------------------

    \6\ The BAAQMD is one of four monitoring agencies in California
designated as a Primary Quality Assurance Organization.
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    Since 2007, EPA regularly reviews these annual plans for compliance
with the applicable reporting requirements in 40 CFR part 58. With
respect to PM2.5, EPA has found that the area's network
plans operated by BAAQMD meet the applicable requirements under 40 CFR
part 58. See EPA letters to BAAQMD approving its annual network plans
for years 2009, 2010, and 2011.\7\ EPA also concluded \8\ from its
Technical System Audit of the BAAQMD Primary Quality Assurance
Organization (conducted during the summer of 2009), that the ambient
air monitoring network operated by BAAQMD currently meets or exceeds
the requirements for the minimum number of SLAMS for PM2.5
in the San Francisco Bay Area nonattainment area. BAAQMD annually
certifies that the data it submits to AQS are complete and quality-
assured.\9\
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    \7\ Letter from Joe Lapka, Acting Manager, Air Quality Analysis
Office, U.S. EPA Region IX, to Gary Kendall, Director of Technical
Services, BAAQMD (December 17, 2009) (approving ``2008 Air
Monitoring Network Report''); Letter from Matthew Lakin, Manager,
Air Quality Analysis Office, U.S. EPA Region IX, to Eric Stevenson,
Director of Technical Services, BAAQMD (November 1, 2010) (approving
the ``2009 Air Monitoring Network Review for the Bay Area Air
Quality Management District''); Letter from Matthew Lakin, Manager,
Air Quality Analysis Office, U.S. EPA Region IX, to Eric Stevenson,
Director of Technical Services, BAAQMD (October 31, 2011) (approving
BAAQMD's ``2010 Air Monitoring Network Report'').
    \8\ Letter from Deborah Jordan, Director, Air Division, U.S. EPA
Region IX, to Jack Broadbent, Air Pollution Control Officer, BAAQMD,
transmitting ``System Audit of the Ambient Monitoring Program: Bay
Area Air Quality Management District, May 26-June 4, 2009,'' with
enclosure, January 18, 2011.
    \9\ See, e.g., letter from Jack Broadbent, Executive Officer,
BAAQMD, to Jared Blumenfeld, Regional Administrator, U.S. EPA Region
IX, certifying calendar year 2011 ambient air quality data and
quality assurance data, April 18, 2012.

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    There were 10 PM2.5 SLAMS located throughout the San
Francisco Bay Area PM2.5 nonattainment area in calendar
years 2009, 2010, and 2011. EPA defines specific monitoring site types
and spatial scales of representativeness to characterize the nature and
location of required monitors. Eight of the sites have a spatial scale
of neighborhood scale,\10\ and the monitoring objective is population
exposure. Two of the sites (i.e., Oakland (AQS ID 06-001-0009) and San
Rafael (AQS ID 06-041-0001)) have a spatial scale of middle scale,\11\
and the monitoring objective is population exposure.\12\
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    \10\ In this context, ``neighborhood'' spatial scale defines
concentrations within some extended area of the city that has
relatively uniform land use with dimensions in the 0.5 to 4.0
kilometers range. See 40 CFR part 58, appendix D, section 1.2.
    \11\ In this context, ``middle'' spatial scale defines the
concentration typical of areas up to several city blocks in size
with dimensions ranging from about 100 meters to 0.5 kilometer. See
40 CFR part 58, appendix D, section 1.2.
    \12\ See BAAQMD's 2010 Air Monitoring Network Report (July 1,
2011); U.S. EPA Air Quality System, Monitor Description Report,
October 15, 2012.
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    Consistent with the requirements contained in 40 CFR part 50, we
have reviewed the quality-assured, and certified PM2.5
ambient air monitoring data as recorded in AQS for the applicable
monitoring period collected at the monitoring sites in the San
Francisco Bay Area nonattainment area and have determined that the data
are complete except for the PM2.5 data collected at the San
Rafael monitoring site.\13\ With respect to the San Rafael site,
PM2.5 monitoring began in the last quarter of 2009 and was
complete for that one quarter. In 2010, valid samples were collected on
only 72% of the scheduled sampling days at the San Rafael monitor
during the third quarter of 2010 (July, August, and September)
resulting in a data set for the third quarter that does not meet the
completeness criterion of 75%. All other quarters of data collected at
San Rafael in 2010, and all quarters in 2011 met data completeness
requirements. Given that the BAAQMD operates more than the minimum
number of PM2.5 monitoring sites in the San Francisco Bay
Area,\14\ the overall completeness of data from all sites (other than
the San Rafael site), and the limited nature of the incomplete data set
from the San Rafael site during the low PM2.5 concentration
season, we believe that the data set compiled from the PM2.5
monitoring network is sufficient for the purposes of determining
whether the San Francisco Bay Area has attained the PM2.5
NAAQS. See 40 CFR part 50, appendix N, section 4.2(b).
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    \13\ In March, 2012, a community group based in Marin County,
California, brought to EPA's attention PM2.5 data
collected in Marin County that was not available in AQS. EPA has
reviewed information associated with this monitoring. The monitoring
was collected with private, non-Federal Reference Method/Federal
Equivalent Method (FRM/FEM) monitors over approximately three months
in both winter 2010/2011 and winter 2011/2012. EPA concludes that
the monitoring does not meet 40 CFR part 50, appendix L or 40 CFR
part 58, and are therefore not appropriate for regulatory use. EPA
acknowledges the concerns raised by the community group over wood
smoke impacts in sheltered inland valleys during the winter months.
Information on additional steps BAAQMD is taking to address wood
smoke impacts is described in BAAQMD's September 20, 2012 letter
from Jean Roggenkamp, Deputy Air Pollution Control Officer, Bay Area
Air Quality Management District, to Amy Zimpfer, U.S. EPA Region IX.
    \14\ Under EPA monitoring regulations, the minimum number of
PM2.5 monitoring sites in the San Francisco-Oakland-
Fremont Metropolitan Statistical Area (MSA) is two, but the BAAQMD
operates six such monitoring sites within the San Francisco-Oakland-
Fremont MSA portion of the San Francisco Bay Area nonattainment
area, including the San Rafael site.
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B. Evaluation of Current Attainment

    EPA's evaluation of whether the San Francisco Bay Area
PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS is based on our review of the monitoring data
and takes into account the adequacy \15\ of the PM2.5
monitoring network in the nonattainment area and the reliability of the
data collected by the network as discussed in the previous section of
this document.
---------------------------------------------------------------------------

    \15\ Meets the requirements of 40 CFR part 58.
---------------------------------------------------------------------------

    Table 1 shows the PM2.5 design values for the San
Francisco Bay Area nonattainment area monitors based on ambient air
quality monitoring data for the most recent complete three-year period
(2009-2011). The data show that the design value for the 2009-2011
period was equal to or less than 35 [mu]g/m\3\ at the monitors.
    Therefore, we are proposing to determine, based on the complete,
quality-assured data for 2009-2011, that the San Francisco Bay Area has
attained the 2006 24-hour PM2.5 standard. Preliminary data
available in AQS for 2012 indicate that the area continues to attain
the standard.

Table 1--2009-2011 24-Hour PM2.5 Monitoring Sites and Design Values for the San Francisco Bay Area Nonattainment
                                                      Area
----------------------------------------------------------------------------------------------------------------
                                    AQS Site               98th Percentile ([mu]g/m\3\)              2009-2011
        Monitoring site          identification  ------------------------------------------------  Design values
                                       No.             2009            2010            2011        ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Livermore.....................       06-001-0007            30.7            26.5            27.0              28
Oakland.......................       06-001-0009            24.7            21.7            28.0              25
Concord.......................       06-013-0002            29.2            26.8            24.4              27
San Rafael....................       06-041-0001        \a\ 34.1        \b\ 31.0            25.0          \b\ 30
San Francisco.................       06-075-0005            29.4            24.4            26.4              27
Redwood City..................       06-081-1001            28.0            24.8            24.2              26
Gilroy........................       06-085-0002            25.1            19.6            22.1              22
San Jose......................       06-085-0005            29.8            29.2            30.5              30
Vallejo.......................       06-095-0004            33.5            22.8            31.0              29
Santa Rosa....................       06-097-0003            23.2            22.2            25.9              24
----------------------------------------------------------------------------------------------------------------
\a\ PM2.5 monitoring at the San Rafael site began in the last quarter of 2009.
\b\ Does not meet data completeness requirements.
Source: Design Value Report, August 10, 2012 (in the docket to this proposed action).

IV. How does EPA's Clean Data Policy apply to this action?

A. Application of EPA's Clean Data Policy to the 2006 PM2.5 NAAQS

    In April 2007, EPA issued its PM2.5 Implementation Rule
for the 1997 PM2.5 standard. 72 FR 20586; (April 25, 2007).
In March, 2012, EPA published implementation guidance for the 2006
PM2.5 standard. See Memorandum from Stephen D. Page,
Director, Office of Air Quality Planning and Standards,
``Implementation Guidance for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS)''
(March 2, 2012). In that guidance, EPA stated its view ``that the
overall framework and policy approach of the 2007 PM2.5
Implementation Rule continues to provide effective and appropriate
guidance on the EPA's interpretation of the general statutory
requirements that states should address in their SIPs. In general, the
EPA believes that the interpretations of the statute in the framework
of the 2007 PM2.5 Implementation Rule are relevant to the
statutory requirements for the 2006 24-hour PM2.5 NAAQS * *
*.'' Id., page 1. With respect to the statutory provisions applicable
to 2006 PM2.5 implementation, the guidance emphasized that
``EPA outlined its interpretation of many of these provisions in the
2007 PM2.5 Implementation Rule. In addition to regulatory
provisions, the EPA provided substantial general guidance for
attainment plans for PM2.5 in the preamble to the final the
[sic] 2007 PM2.5 Implementation Rule.'' Id., page 2. In
keeping with the principles set forth in the guidance, and with respect
to the effect of a determination of attainment for the 2006
PM2.5 standard, EPA is applying the same interpretation with
respect to the implications of clean data determinations that it set
forth in the preamble to the 1997 PM2.5 standard and in the
regulation that embodies this interpretation. 40 CFR 51.1004(c).\16\
EPA has long applied this interpretation in regulations and individual
rulemakings for the 1-hour ozone and 1997 8-hour ozone standards, the
PM-10 standard, and the lead standard.
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    \16\ While EPA recognizes that 40 CFR 51.1004(c) does not itself
expressly apply to the 2006 PM2.5 standard, the statutory
interpretation that it embodies is identical and is applicable to
both the 1997 and 2006 PM2.5 standards.
---------------------------------------------------------------------------

B. History and Basis of EPA's Clean Data Policy

    Following enactment of the CAA Amendments of 1990, EPA promulgated
its interpretation of the requirements for implementing the NAAQS in
the General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (General Preamble) 57 FR 13498, 13564 (April 16,
1992). In 1995, based on the interpretation of CAA sections 171 and
172, and section 182 in the General Preamble, EPA set forth what has
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS.
See Memorandum from John S. Seitz, Director, Office of Air Quality
Planning and Standards, ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard'' (May 10,
1995). In 2004, EPA indicated its intention to extend the Clean Data
Policy to the PM2.5 NAAQS. See Memorandum from Steve Page,
Director, EPA Office of Air Quality Planning and Standards, ``Clean
Data Policy for the Fine Particle National Ambient Air Quality
Standards'' (December 14, 2004).
    Since 1995, EPA has applied its interpretation under the Clean Data
Policy in many rulemakings, suspending certain attainment-related
planning requirements for individual areas, based on a determination of
attainment. See 60 FR 36723 (July 18, 1995) (Salt Lake and Davis
Counties, Utah, 1-hour ozone); 61 FR 20458 (May 7, 1996) (Cleveland-
Akron-Lorain, Ohio, 1-hour ozone); 61 FR 31832 (June 21, 1996) (Grand
Rapids, Michigan, 1-hour ozone); 65 FR 37879 (June 19, 2000)
(Cincinnati-Hamilton, Ohio-Kentucky, 1-hour ozone); 66 FR 53094
(October 19, 2001) (Pittsburgh-Beaver Valley, Pennsylvania, 1-hour
ozone); 68 FR 25418 (May 12, 2003) (St. Louis, Missouri-Illinois, 1-
hour ozone); 69 FR 21717 (April 22, 2004) (San Francisco Bay Area,
California, 1-hour ozone); 75 FR 6570 (February 10, 2010) (Baton Rouge,
Louisiana, 1-hour ozone); 75 FR 27944 (May 19, 2010) (Coso Junction,
California, PM10).
    EPA also incorporated its interpretation under the Clean Data
Policy in several implementation rules. See Clean Air Fine Particle
Implementation Rule, 72 FR 20586 (April 25, 2007); Final Rule To
Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase
2, 70 FR 71612 (November 29, 2005). The Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) upheld EPA's rule embodying
the Clean Data Policy for the 1997 8-hour ozone standard. NRDC v. EPA,
571 F.3d 1245 (D.C. Cir. 2009). Other courts have reviewed and
considered individual rulemakings applying EPA's Clean Data Policy, and
have consistently upheld them in every case. Sierra Club v. EPA, 99
F.3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004); Our Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir.
June 28, 2005 (Memorandum Opinion)), Latino Issues Forum v. EPA, Nos.
06-75831 and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)).
    EPA sets forth below a brief explanation of the statutory
interpretations in the Clean Data Policy. EPA also incorporates the
discussions of its interpretation set forth in prior rulemakings,
including the 1997 PM2.5 implementation rulemaking. See 72
FR 20586, at 20603-20605 (April 25, 2007). See also 75 FR 31288 (June
3, 2010) (Providence, Rhode Island, 1997 8-hour ozone); 75 FR 62470
(October 12, 2010) (Knoxville, Tennessee, 1997 8-hour ozone); 75 FR
53219 (August 31, 2010) (Greater Connecticut Area, 1997 8-hour ozone);
75 FR 54778 (September 9, 2010) (Baton Rouge, Louisiana, 1997 8-hour
ozone); 75 FR 64949 (October 21, 2010) (Providence, Rhode Island, 1997
8-hour ozone); 76 FR 11080 (March 1, 2011) (Milwaukee-Racine and
Sheboygan Areas, Wisconsin, 1997 8-hour ozone); 76 FR 31237 (May 31,
2011) (Pittsburgh-Beaver Valley, Pennsylvania, 1997 8-hour ozone); 76
FR 33647 (June 9, 2011) (St. Louis, Missouri-Illinois, 1997 8-hour
ozone); 76 FR 70656 (November 15, 2011) (Charlotte-Gastonia-Rock Hill,
North Carolina-South Carolina, 1997 8-hour ozone); 77 FR 31496 (May 29,
2012) (Boston-Lawrence-Worchester, Massachusetts, 1997 8-hour ozone).
See also, 75 FR 56 (January 4, 2010) (Greensboro-Winston-Salem-High
Point, North Carolina, 1997 PM2.5); 75 FR 230 (January 5,
2010) (Hickory-Morganton-Lenoir, North Carolina, 1997
PM2.5); 76 FR 12860 (March 9, 2011) (Louisville, Kentucky-
Indiana, 1997 PM2.5); 76 FR 18650 (April 5, 2011) (Rome,
Georgia, 1997 PM2.5); 76 FR 31239 (May 31, 2011)
(Chattanooga, Tennessee-Georgia-Alabama, 1997 PM2.5); 76 FR
31858 (June 2, 2011) (Macon, Georgia, 1997 PM2.5); 76 FR
36873 (June 23, 2011) (Atlanta, Georgia, 1997 PM2.5); 76 FR
38023 (June 29, 2011) (Birmingham, Alabama, 1997 PM2.5); 76
FR 55542 (September 7, 2011) (Huntington-Ashland, West Virginia-
Kentucky-Ohio, 1997 PM2.5); 76 FR 60373 (September 29, 2011)
(Cincinnati, Ohio-Kentucky-Indiana, 1997 PM2.5); 77 FR 18922
(March 29, 2012) (Harrisburg-Lebanon-Carlisle-York, Allentown,
Johnstown and Lancaster, Pennsylvania, 1997 PM2.5).
    The Clean Data Policy represents EPA's interpretation that certain
requirements of subpart 1 of part D of

the Act are by their terms not applicable to areas that are currently
attaining the NAAQS.\17\ As explained below, the specific requirements
that are inapplicable to an area attaining the standard are the
requirements to submit a SIP that provides for: Attainment of the
NAAQS; implementation of all reasonably available control measures;
reasonable further progress (RFP); and implementation of contingency
measures for failure to meet deadlines for RFP and attainment.
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    \17\ This discussion refers to subpart 1 because subpart 1
contains the requirements relating to attainment of the 2006
PM2.5 NAAQS.
---------------------------------------------------------------------------

    CAA section 172(c)(1), the requirement for an attainment
demonstration, provides in relevant part that SIPs ``shall provide for
attainment of the [NAAQS].'' EPA has interpreted this requirement as
not applying to areas that have already attained the standard. If an
area has attained the standard, there is no need to submit a plan
demonstrating how the area will reach attainment. In the General
Preamble (57 FR 13564), EPA stated that no other measures to provide
for attainment would be needed by areas seeking redesignation to
attainment since ``attainment will have been reached.'' See also
Memorandum from John Calcagni, ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' (September 4, 1992), at page 6.
    A component of the attainment plan specified under section
172(c)(1) is the requirement to provide for ``the implementation of all
reasonably available control measures as expeditiously as practicable''
(RACM). Since RACM is an element of the attainment demonstration, see
General Preamble (57 FR 13560), for the same reason the attainment
demonstration no longer applies by its own terms, RACM also no longer
applies to areas that EPA has determined have clean air. Furthermore,
EPA has consistently interpreted this provision to require only
implementation of such potential RACM measures that could advance
attainment.\18\ Thus, where an area is already attaining the standard,
no additional RACM measures are required. EPA's interpretation that the
statute requires only implementation of the RACM measures that would
advance attainment was upheld by the United States Court of Appeals for
the Fifth Circuit (Sierra Club v. EPA, 314 F.3d 735, 743-745, 5th Cir.
2002) and by the United States Court of Appeals for the D.C. Circuit
(Sierra Club v. EPA, 294 F.3d 155, 162-163, D.C. Cir. 2002). See also
the final rulemakings for Pittsburgh-Beaver Valley, Pennsylvania, 66 FR
53096 (October 19, 2001) and St. Louis, Missouri-Illinois, 68 FR 25418
(May 12, 2003).
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    \18\ This interpretation was adopted in the General Preamble,
see 57 FR 13498, and has been upheld as applied to the Clean Data
Policy, as well as to nonattainment SIP submissions. See NRDC v.
EPA, 571 F.3d 1245 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d
155 (D.C. Cir. 2002).
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    CAA section 172(c)(2) provides that SIP provisions in nonattainment
areas must require ``reasonable further progress.'' The term
``reasonable further progress'' is defined in section 171(1) as ``such
annual incremental reductions in emissions of the relevant air
pollutant as are required by this part or may reasonably be required by
the Administrator for the purpose of ensuring attainment of the
applicable NAAQS by the applicable date.'' Thus, by definition, the
``reasonable further progress'' provision under subpart 1 requires only
such reductions in emissions as are necessary to attain the NAAQS. If
an area has attained the NAAQS, the purpose of the RFP requirement has
been fulfilled, and since the area has already attained, showing that
the State will make RFP towards attainment ``[has] no meaning at that
point.'' General Preamble, 57 FR 13498, 13564 (April 16, 1992).
    CAA section 172(c)(9) provides that SIPs in nonattainment areas
``shall provide for the implementation of specific measures to be
undertaken if the area fails to make reasonable further progress, or to
attain the [NAAQS] by the attainment date applicable under this part.
Such measures shall be included in the plan revision as contingency
measures to take effect in any such case without further action by the
State or [EPA].'' This contingency measure requirement is inextricably
tied to the reasonable further progress and attainment demonstration
requirements. Contingency measures are implemented if reasonable
further progress targets are not achieved, or if attainment is not
realized by the attainment date. Where an area has already achieved
attainment, it has no need to rely on contingency measures to come into
attainment or to make further progress to attainment. As EPA stated in
the General Preamble: ``The section 172(c)(9) requirements for
contingency measures are directed at ensuring RFP and attainment by the
applicable date.'' See 57 FR 13564. Thus these requirements no longer
apply when an area has attained the standard.
    It is important to note that should an area attain the 2006
PM2.5 standard based on three years of data, its obligation
to submit an attainment demonstration and related planning submissions
is suspended only for so long as the area continues to attain the
standard. If EPA subsequently determines, after notice-and-comment
rulemaking, that the area has violated the NAAQS, the requirements for
the State to submit a SIP to meet the previously suspended requirements
would be reinstated. It is likewise important to note that the area
remains designated nonattainment pending a further redesignation
action.

V. EPA's Proposed Action and Request for Public Comment

    EPA is proposing to determine that the San Francisco Bay Area
nonattainment area in California has attained the 2006 24-hour
PM2.5 standard based on the most recent three years of
complete, quality-assured, and certified data for 2009-2011.
Preliminary data available in AQS for 2012 show that this area
continues to attain the standard.
    EPA further proposes that, if its proposed determination of
attainment is made final, the requirements for the San Francisco Bay
Area nonattainment area to submit an attainment demonstration and
associated RACM, a RFP plan, contingency measures, and any other
planning SIPs related to attainment of the 2006 PM2.5 NAAQS
would be suspended for so long as the area continues to attain the 2006
PM2.5 NAAQS. EPA's proposal is consistent and in keeping
with its long-held interpretation of CAA requirements, as well as with
EPA's regulations for similar determinations for ozone (see 40 CFR
51.918) and the 1997 fine particulate matter standards (see 40 CFR
51.1004(c)). As described below, any such determination would not be
equivalent to the redesignation of the area to attainment for the 2006
PM2.5 NAAQS.
    Any final action resulting from this proposal would not constitute
a redesignation to attainment under CAA section 107(d)(3) because we
have not yet approved a maintenance plan for the San Francisco Bay Area
nonattainment area as meeting the requirements of section 175A of the
CAA or determined that the area has met the other CAA requirements for
redesignation. The classification and designation status in 40 CFR part
81 would remain nonattainment for this area until such time as EPA
determines that California has met the CAA requirements for
redesignating the San Francisco Bay Area nonattainment area to
attainment.
    If the San Francisco Bay Area nonattainment area continues to
monitor attainment of the 2006 PM2.5 NAAQS, EPA proposes
that the requirements for the area to submit an

attainment demonstration and associated RACM, a RFP plan, contingency
measures, and any other planning requirements related to attainment of
the 2006 PM2.5 NAAQS will remain suspended. If this proposed
rulemaking is finalized and EPA subsequently determines, after notice-
and-comment rulemaking in the Federal Register, that the area has
violated the 2006 PM2.5 NAAQS, the basis for the suspension
of the attainment planning requirements for the area would no longer
exist, and the area would thereafter have to address such requirements.
    EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. We will accept comments from the
public on this proposal for the next 30 days. We will consider these
comments before taking final action.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on
air quality and to suspend certain federal requirements, and thus,
would not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have Tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
Tribes and thus this proposed action will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

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

    Dated: October 15, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-26528 Filed 10-26-12; 8:45 am]
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