[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19220-19222]
[FR Doc No: 2023-06618]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1613; Airspace Docket No. 22-ASO-27]
RIN 2120-AA66

Amendment of Class D and Class E Airspace, Key West, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E airspace
designated as an extension to a Class D surface area, and Class E
airspace extending upward from 700 feet above the surface at Key West
International Airport and Key West Naval Air Station (NAS), FL, as a
result of biennial airspace evaluations. This action also updates the
geographic coordinates for the airport and the Key West VORTAC.

DATES: Effective 0901 UTC, June 15, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register's website at www.federalregister.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591: telephone (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT:  Jennifer Ledford, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend airspace for Key West International Airport and Key
West Naval Air Station (NAS), FL, to support IFR operations in the
area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-1613 in the Federal Register (87 FR 78883, December 23, 2022)
amending Class D airspace, Class E airspace designated as an extension
to a Class D surface area, and Class E airspace extending upward from
700 feet above the surface at Key West International Airport and Key
West Naval Air Station (NAS), FL, as a result of biennial airspace
evaluations. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.

Differences From the NPRM

    Subsequent to the publication of the Notice of Proposed Rulemaking,
the FAA found the Key West International Airport geographic coordinates
to be incorrect, as well as the geographic coordinates describing the
Key West International Airport Class D airspace and Key West Naval Air
Station Class D airspace points of intersection. This action corrects
the errors. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

Incorporation by Reference

    Class D and E airspace designations are published in Paragraphs
5000, 6002, 6004, and 6005 of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 on an annual basis. This document amends the current
version of that order, FAA Order JO 7400.11G, dated August 19, 2022,
and effective September 15, 2022. These updates will be published
subsequently in the next update to FAA Order JO 7400.11. FAA Order JO
7400.11G is publicly available as listed in the ADDRESSES section of
this document. These amendments will be published in the next update to
FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface for Key West
International Airport and Key West Naval Air Station (NAS) by extending
the airspace for each airport from within a 6.4-mile radius to a 6.5-
mile radius, and by updating the airport's geographic coordinates and
the geographic coordinates describing the intersections of Class D
airspace, to coincide with the FAA's database.
    In addition, this action replaces the outdated terms Airport/
Facility Directory with the term Chart Supplement and Notice to Airmen
with the term Notice to Air Missions, in the Class D and Class E
airspace descriptions.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Key West, FL [Amended]

Key West International Airport, FL
    (Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West NAS
    (Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL beginning at Lat. 24[deg]37'11'' N, long.
81[deg]44'41'' W; to Lat. 24[deg]33'04'' N, long. 81[deg]43'48'' W;
to Lat. 24[deg]31'15'' N, long. 81[deg]45'22'' W; to Lat.
24[deg]30'40'' N, long. 81[deg]45'15'' W; thence counterclockwise
via the 5.3-mile radius of Key West NAS to the intersection of the
3.9-mile radius of the Key West International Airport, thence
clockwise via the 3.9-mile radius of the Key West International
Airport to the point of beginning. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.

ASO FL D Key West NAS, FL [Amended]

Key West NAS, FL
    (Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
Key West International Airport
    (Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 5.3-mile radius of Key West NAS, excluding
that airspace within the Key West International Airport Class D
airspace area. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will thereafter by
continuously published in the Chart Supplement.

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

* * * * *

ASO FL E4 Key West, FL [Amended]

Key West International Airport, FL
    (Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West NAS
    (Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
Key West VORTAC
    (Lat. 24[deg]35'09'' N, long. 81[deg]48'02'' W)

    That airspace extending upward from the surface within 3.1 miles
each side of the Key West VORTAC 309[deg] radial extending from the
3.9-mile radius of the Key West International Airport and the 5.3-
mile radius of Key West NAS to 7 miles northwest of the Key West
VORTAC. This Class E airspace area is effective during the specific
dates and time established in advance by a Notice to Air Missions.
The effective date and time

will thereafter be continuously published in the Chart Supplement.

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

* * * * *

ASO FL E5 Key West, FL [Amended]

Key West International Airport, FL
    (Lat 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West VORTAC
    (Lat 24[deg]35'09'' N, long. 81[deg]48'02'' W)
Key West NAS
    (Lat 24[deg]34'29'' N, long. 81[deg]41'12'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Key West International Airport and
within 3.1 miles each side of the Key West VORTAC 309[deg] radial,
extending from the 6.5-mile radius to 7 miles northwest of the Key
West VORTAC; within a 6.8-mile radius of Key West NAS (Boca Chica).

    Issued in College Park, Georgia, on March 20, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-06618 Filed 3-30-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33192-33195]
[FR Doc No: 2015-14089]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0358; FRL-9928-90-Region-7]

Approval and Promulgation of Air Quality Implementation Plans;
Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) for the State of Iowa to amend Best Management Practices (BMPs)
for grain vacuuming operations at Group 1 grain elevators. Additional
revisions to the SIP include revised definitions, revised requirements
for Department forms, and rescinding rule requirements and references
for conditional permits.

DATES: This direct final rule will be effective August 10, 2015,
without further notice, unless EPA receives adverse comment by July 13,
2015. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0358, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0358. EPA's policy is that all comments received 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 information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m. excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa requested EPA approval of revisions to the SIP to
amend Best Management Practices (BMPs) for grain vacuuming operations
at Group 1 grain elevators. Additional revisions to the SIP include
revised definitions, revised requirements for Department forms, and
rescinding rule requirements and references for conditional permits.
    These revisions were submitted in two separate requests. The
amendment to the BMPs was effective on September 10, 2014, and received
by EPA on November 20, 2014. The second request for additional
revisions was effective on April 22, 2015, and received by EPA on May
4, 2015. Details with regard both submittals are included in the
technical support document which is part of this docket.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V.

III. What action is EPA taking?

    EPA is taking direct final action to approve revisions to State of
Iowa State Implementation Plan (SIP). Chapter 22, ``Controlling
Pollution,'' is amended to revise the Best Management Practices (BMPs)
for Group 1 grain elevators to include grain vacuuming operations.
Group 1 grain elevators are country grain elevators, country grain
terminal elevators, or grain terminal elevators with the potential to
emit less than 15 tons of PM10 per year. Existing Group 1
facilities are those that commenced construction or reconstruction
before February 6, 2008; new facilities are those that commenced
construction after February 6, 2008. Revised BMPs were included with
the SIP submission.
    Additional revisions made to the Iowa SIP include revising the
definition of volatile organic compounds with the most recent
Federally-approved date; removing all references to conditional permits
throughout the SIP, and rescinding the air quality forms section.
    Conditional permits were added to the Iowa Code in the 1970s to
facilitate electric utility rate setting. The Iowa Utilities Board
changed the rate setting requirements so that conditional permits were
not needed. There is no record of issuing a conditional permit to an
electric facility; therefore, references to conditional permits are
being removed with this action.
    References to obsolete and duplicative air quality forms are being
removed from the SIP.
    We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. The revised BMPs were developed through a
stakeholder workgroup that was jointly organized by IDNR, and grain
elevator operators and grain vacuum vendors. One comment was received
during the public comment period in support of the revised BMPs. The
remaining revisions are largely administrative, and consistent with
Federal regulations. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP revisions. If adverse comments
are received on this direct final rule we will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.

IV. Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Iowa
Regulations in chapters 20, 22, 31, and 33 described in the direct
final amendments to 40 CFR part 52 set forth below. EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must

submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
EPA will submit a report containing this action and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 10, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 28, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820(c), the table is amended by revising the entries for
``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.2'', ``567-22.3'',
``567-22.10'', ``567-31.20'', and ``567-33.3'' to read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
       Iowa citation                   Title             effective     EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission (567)
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-20.2..................  Definitions...............      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
                                                                      citation].
567-20.3..................  Air Quality Forms               4/22/15  6/11/15 and [Insert    ....................
                             Generally.                               Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1..................  Permits required for New        4/22/15  6/11/15 and [Insert    ....................
                             or Existing Stationary                   Federal Register
                             Source.                                  citation].
567-22.2..................  Processing Permit               4/22/15  6/11/15 and [Insert    ....................
                             Applications.                            Federal Register
                                                                      citation].
567-22.3..................  Issuing Permits...........      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
567-22.10.................  Permitting Requirements         9/10/14  6/11/15 and [Insert    ....................
                             for Country Grain                        Federal Register
                             Elevators, Country Grain                 citation].
                             Terminal Elevators, Grain
                             Terminal Elevators and
                             Feed Mill Equipment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-31.20.................  Special Requirements for        4/22/15  6/11/15 and [Insert    ....................
                             Nonattainment Areas                      Federal Register
                             Designated Before May 18,                citation].
                             1998. (Originally Adopted
                             in 567-22.5).
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-33.3..................  Special Construction            4/22/14  6/11/15 and [Insert    ....................
                             Permit Requirements for                  Federal Register
                             Major Stationary Sources                 citation].
                             in Areas Designated
                             Attainment or
                             Unclassified (PSD).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-14089 Filed 6-10-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24259-24261]
[FR Doc No: 2023-08192]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0175]

Hours of Service of Drivers: National Propane Gas Association;
Application for Exemption

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

ACTION: Notice of final disposition; denial of application for
exemption.

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SUMMARY: FMCSA announces its decision to deny the exemption request
from the National Propane Gas Association (NPGA). NPGA sought an
exemption from various hours-of-service (HOS) requirements to enable
the propane industry to prepare and respond to peak periods of consumer
demand among residential, agricultural, and commercial consumers in
anticipation of, during, and to recover from emergency conditions. NPGA
requests that the exemption apply on a per-driver, per-route basis, and
that each company that elects to utilize it must maintain appropriate
documentation to demonstrate the presence of peak consumer demand
conditions within the scope of the exemption. FMCSA analyzed the
exemption application and public comments and determined that the
exemption would not achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards at<PHONE_NUMBER> or [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2022-0175'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2022-0175'' in the keyword box, click ``Search,'' and chose the
document to review.
    If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption

request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulation Requirements

    FMCSA's hours of service (HOS) regulations in 49 CFR part 395 place
limits on the amount of time drivers of commercial motor vehicles
(CMVs) may drive to reduce the possibility of driver fatigue. The
regulations in 49 CFR 395.3(a)(2)--commonly referred to as the 14-hour
``driving window''--allow an individual a period of 14 consecutive
hours in which to drive up to 11 hours after being off duty for 10 or
more consecutive hours. The regulations in 49 CFR 395.3(a)(3) prohibit
individuals from driving again after 11 hours driving until they have
been off duty for a minimum of 10 consecutive hours. The regulation in
49 CFR 395.3(b)(1) prohibits a motor carrier that does not operate
vehicles every day of the week from requiring or permitting a driver to
drive, nor may the driver drive, a CMV after being on duty 60 hours
during any 7 consecutive days, and 49 CFR 395.3(b)(2) prohibits a motor
carrier that operates CMVs every day of the week from requiring or
permitting a driver to drive, nor may the driver drive, a CMV after
being on duty 70 hours in any 8 consecutive days. These are generally
called the 60- and 70-hour ``weekly'' limits.

Applicant's Request

    The National Propane Gas Association (NPGA) requests a five-year
exemption for its member company drivers to extend the 14-hour duty
period in Sec.  395.3(a)(2) to no more than 17 hours; extend the 11-
hour driving period in Sec.  395.3(a)(3) to no more than 14 hours,
following 10 consecutive hours off duty; waive the 60- and 70-hour
rules in Sec.  395.3(b) for a period of no more than six consecutive
days; and a period of six consecutive days may end with the beginning
of an off-duty period of 34 or more consecutive hours. The exemption
request is made in order to enable the propane industry to prepare and
respond to peak periods of consumer demand among residential,
agricultural, and commercial consumers.
    NPGA is the national trade association of the propane industry with
a membership of nearly 2,500 companies and 36 State and regional
associations representing members in all 50 States. Its membership
includes retail marketers of propane gas who deliver fuel to the end
user, propane producers, transporters and wholesalers, and
manufacturers and distributors of equipment, containers, and
appliances. NPGA's petition states that, in order to meet consumer
demand, long- and short-haul propane drivers often reach the maximum
``weekly'' HOS limits within three or four days, making them
unavailable for the rest of the ``week'' while consumer demand
continues. According to NPGA, the purpose of its request is to prepare
and serve residential, commercial, and agricultural consumers ahead of
and during peak consumption periods efficiently and safely. To clearly
define the scope in its application, NPGA provided a brief outline of
the terms and conditions that would apply to those individuals
providing propane services for periods of peak consumer demand.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent or greater level of safety, the NPGA
application states that before operating under the special exemption,
drivers must complete the Fatigue and Wellness Awareness course
available online from the Propane Education & Research Council. NPGA
further adds that recordkeeping relating to use of a special permit for
exemption shall be in accordance with requirements of 49 CFR 390.29, 49
CFR 390.31, and 49 CFR 395.8. Drivers operating under the exemption
would be allowed only six consecutive days to utilize the exemption,
and NPGA members must comply with all other provisions of the Federal
Motor Carrier Safety Regulations.

V. Public Comments

    On September 30, 2022, FMCSA published notice of this application
and requested public comments (87 FR 59486). The Agency received seven
comments, six of which opposed the exemption. The six commenters that
opposed the exemption were the following: the Commercial Vehicle Safety
Alliance (CVSA); Owner-Operator Independent Drivers Association
(OOIDA); Advocates for Highway and Auto Safety (Advocates)/Truck Safety
Coalition (TSC); AWM Associates, LLC; Rebecca Transport; and one
individual commentor. One commenter took no position on the
application.
    Advocates/TSC stated ``. . . the exemption could be triggered by
such common occurrences as cold temperatures and fallen trees [and t]he
Petitioner also fails to meet the statutory requirements for requesting
such an exemption.'' CVSA opposed granting the exemption and suggested
that ``. . . FMCSA find alternative solutions to meet this need that
are narrower and more targeted to the individual scenarios. One
possible solution would be to direct the service centers to monitor
needs and coordinate with industry to provide region specific waivers
as appropriate.''
    OOIDA's comment focused on the impact the exemption would have on
individual drivers: ``While we believe drivers should be provided
maximum flexibility under HOS regulations, we fear this proposal could
lead to greater coercion of employee drivers, with propane providers
applying pressure to complete hauls while drivers are fatigued.
Furthermore, it is unclear at what point drivers may waive the 60- and
70-hour rule.'' AWM Associates, LLC, provided the following comment:
``If a community is impacted, then the local government official may
declare an emergency per Part 390.23 so the drivers needed may function
as needed. A blanket exemption is far reaching and would exempt areas
not impacted by the shortage of drivers.''

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated the NPGA application and the public comments
and denies the exemption. Research studies demonstrate that long work
hours contribute to driver fatigue and can cause harm to a driver's
health. Research also shows that crash risk increases with long work
hours. The Agency established the HOS regulations to ensure that
drivers stay awake and alert, and to reduce the possibility of

cumulative fatigue. NPGA's application does not provide an analysis of
the safety impacts the requested exemption from the HOS regulations may
cause. It also does not provide countermeasures to ensure that the
exemption would likely achieve a level of safety equivalent to, or
greater than, the level that would be achieved by the current
regulations. The Agency cannot ensure that the exemption would achieve
the requisite level of safety.
    Furthermore, what constitutes an emergency, sufficient to be
exempted from existing safety regulations, is a fact-specific inquiry.
Among the conditions specified in the NPGA application were ``railcar
delays in excess of five business days,'' ``limitation of pipeline
services due to pipeline allocation,'' and ``weather- and storm-related
events including but not limited to fallen trees, rock and mudslides
and other debris on the roadways . . .'' The Agency does not find a
categorical exemption for the scenarios requested is appropriate.
    For the above reasons, NPGA's exemption application is denied.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-08192 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Rules and Regulations]
[Page 3159]
[DOCID:fr20ja10-9]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

[Docket No. FDA-2009-N-0665]

New Animal Drugs; Change of Sponsor's Name and Address

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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

SUMMARY:  The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor's name from Fort Dodge
Animal Health, A Division of Wyeth Holdings Corp. to Fort Dodge Animal
Health, Division of Wyeth Holdings Corp., a wholly owned subsidiary of
Pfizer, Inc. In a separate action, FDA is amending the animal drug
regulations to reflect a change of sponsor's name from Fort Dodge
Animal Health, Division of Wyeth to Fort Dodge Animal Health, Division
of Wyeth, a wholly owned subsidiary of Pfizer, Inc. In each case, the
sponsor's mailing address will be changed.

DATES:  This rule is effective January 20, 2010.

FOR FURTHER INFORMATION CONTACT:  David R. Newkirk, Center for
Veterinary Medicine (HFV-100), Food and Drug Administration, 7520
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Fort Dodge Animal Health, A Division of
Wyeth Holdings Corp., P.O. Box 1339, Fort Dodge, IA 50501 has informed
FDA of a change of name and mailing address to Fort Dodge Animal
Health, Division of Wyeth Holdings Corp., a wholly owned subsidiary of
Pfizer, Inc., 235 East 42d St., New York, NY 10017. In a separate
action, Fort Dodge Animal Health, Division of Wyeth, 800 Fifth St. NW.,
Fort Dodge, IA 50501 has informed FDA of a change of name and mailing
address to Fort Dodge Animal Health, Division of Wyeth, a wholly owned
subsidiary of Pfizer, Inc., 235 East 42d St., New York, NY 10017.
Accordingly, the agency is amending the regulations in 21 CFR
510.600(c) to reflect these changes.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 510 is
amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1), revise the
entries for ``Fort Dodge Animal Health, A Division of Wyeth Holdings
Corp.'' and ``Fort Dodge Animal Health, Division of Wyeth''; and in the
table in paragraph (c)(2), revise the entries for ``000856'' and
``053501'' to read as follows:

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
            Firm name and address                  Drug labeler code
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
Fort Dodge Animal Health, Division of Wyeth   053501
 Holdings Corp., a wholly owned subsidiary
 of Pfizer, Inc., 235 East 42d St., New
 York, NY 10017
Fort Dodge Animal Health, Division of Wyeth,  000856
 a wholly owned subsidiary of Pfizer, Inc.,
 235 East 42d St., New York, NY 10017
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
     Drug labeler code                  Firm name and address
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
000856                       Fort Dodge Animal Health, Division of
                              Wyeth, a wholly owned subsidiary of
                              Pfizer, Inc., 235 East 42d St., New York,
                              NY 10017
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
053501                       Fort Dodge Animal Health, Division of Wyeth
                              Holdings Corp., a wholly owned subsidiary
                              of Pfizer, Inc., 235 East 42d St., New
                              York, NY 10017
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------

    Dated: January 8, 2010.
Elizabeth Rettie,
Deputy Director, Office of New Animal Drug Evaluation, Center for
Veterinary Medicine.
[FR Doc. 2010-930 Filed 1-19-10; 8:45 am]
BILLING CODE 4160-01-S