[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Notices]
[Page 75425-75427]
[DOCID:fr11de08-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 3, 2008.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC09-26-000.
    Applicants: MidAmerican Energy Holdings Company, CER Generation II,
LLC, West Valley Holdings, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act, Request for Waiver of Certain Commission
Requirements, and Requests for Confidential Treatment and Expedited
Treatment.
    Filed Date: 12/2/2008.
    Accession Number: 20081202-5119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 23, 2008.

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

    Docket Numbers: ER91-195-054; EL07-69-004.
    Applicants: Western Systems Power Pool.
    Description: Western Systems Power Pool, Inc submits revisions to
the WSPP Agreement to comply with FERC's 9/29/08 Order.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0085.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER99-2156-017; ER97-2801-025; ER96-719-024.
    Applicants: Cordova Energy Company LLC; PacifiCorp.
    Description: Cordova Energy Company LLC, et al. submits the Updated
Market Power Analysis.
    Filed Date: 12/03/2008.
    Accession Number: 20081203-5058.
    Comment Date: 5 p.m. Eastern Time on Monday, February 2, 2008.

    Docket Numbers: ER99-2923-005.
    Applicants: Phelps Dodge Energy Services, LLC.
    Description: Phelps Dodge Energy Services, LLC notifies the
Commission of developments constituting non-material changes that do
not affect the Project Company's market based rate status pursuant to
Order 697 and 697-A.
    Filed Date: 11/26/2008.
    Accession Number: 20081202-0047.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER04-1221-003; ER03-49-005; ER99-970-007.
    Applicants: Mankato Energy Center, LLC; Riverside Energy Center,
LLC; RockGen Energy LLC.
    Description: Mankato Energy Center, LLC et al request that the
Commission waiver the 60-day prior notice requirement to permit the
ASM-related revisions to become effective 1/6/09 pursuant to Order 697-
A.
    Filed Date: 11/26/2008.
    Accession Number: 20081202-0046.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER08-1113-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
proposed tariff language to comply with the Commission's 9/19/08 Order.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0083.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER08-1172-002.
    Applicants: Grand Ridge Energy LLC.
    Description: Notification of Non-Material Change in Facts of Grand
Ridge Energy LLC.
    Filed Date: 11/25/2008.
    Accession Number: 20081125-5064.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER08-1373-001.
    Applicants: Otter Tail Power Company.
    Description: Otter Tail Power Co submits revisions to its Control
Area Services and Operations Tariff to comply with the Commission's 10/
28/08 order.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0086.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-295-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits Original Sheet
169a et al. to FERC Electric Tariff, Original Volume 11, with a
proposed effective 9/1/09 under ER09-295. Appendix IX.
    Filed Date: 11/14/2008.
    Accession Number: 20081203-0262.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 24, 2008.

    Docket Numbers: ER09-297-001.
    Applicants: Michigan Wind 1, LLC.
    Description: Michigan Wind 1, LLC submits revisions to the tariff
designation that was included in the Notice of Succession filed 11/13/
08.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-336-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits Original Sheet 1234
to FERC Electric Tariff, Fifth Revised Volume 1 sheets to adopt
Attachment AP of the SPP Open Access Transmission Tariff, to be
effective 1/24/09.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-337-000.
    Applicants: Ameren Energy Generating Company.
    Description: Ameren Energy Generating Company submits proposed Rate
Schedule FERC 5 and supporting cost data which specifies its revenue
requirement for Reactive Supply and Voltage Control from Generation
Sources Service.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-338-000.
    Applicants: Pinnacle West Marketing & Trading Co, LLC.
    Description: Pinnacle West Marketing & Trading Co, LLC submits
Notice of Cancellation of Rate Schedule FERC 1 that terminates their
market-based rate tariff, to be effective 12/31/08.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0080.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-339-000.
    Applicants: Crystal Lake Wind, LLC.
    Description: Crystal Lake Wind, LLC resubmits the Shared Facilities
Agreement with Crystal Lake Wind II, LLC dated 11/21/08, designated as
FERC Rate Schedule 1, effective 12/1/08.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-340-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Public Service Company of New Hampshire submits
revised tariff sheets indicating the cancellation of their Rate
Schedule 158, Supplement 1 which is the Unit Sales Agreement with
UNITIL Power Corp.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0078.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-341-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits a revised rate
sheet for the Interconnection Facilities Agreement with City of Moreno
Valley etc.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0077.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-342-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits a partially executed
Service Agreement for Network Integration Transmission Service with
American Electric Power Service Corp et al.
    Filed Date: 11/25/2008.
    Accession Number: 20081201-0076.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 16, 2008.

    Docket Numbers: ER09-344-000.
    Applicants: California Independent System Operator C.
    Description: California Independent System Operator Corp submits an
executed Amended and Restated Big Creek Physical Scheduling Plant
Agreement with Southern California Edison Co.
    Filed Date: 11/26/2008.
    Accession Number: 20081201-0089.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER09-345-000.
    Applicants: United Illuminating Company, The.
    Description: The United Illuminating Co submits proposed
modifications to Schedule 21-U1 of the ISO New England Inc
Transmission, Markets and Services Tariff etc.
    Filed Date: 11/26/2008.
    Accession Number: 20081201-0088.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER09-347-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits the Foxborough
Development Wholesale Distribution Load Interconnection Facilities
Agreement et al. with City of Victorville.

    Filed Date: 11/26/2008.
    Accession Number: 20081201-0087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER09-348-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc & Kansas Gas and Electric Co
submits Third Revised Sheet 1 and 11 to First Revised Rate Schedule
FERC 168, the Electric Power Supply Agreement, with the City of Arma,
Kansas.
    Filed Date: 11/26/2008.
    Accession Number: 20081201-0093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER09-350-000.
    Applicants: WSPP Inc.
    Description: WSPP, Inc submits proposed revisions to their
Agreement.
    Filed Date: 11/26/2008.
    Accession Number: 20081201-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Docket Numbers: ER09-351-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool submits counterpart signature
pages of the New England Power Pool Agreement et al. re NEPOOL Member
Applications.
    Filed Date: 11/26/2008.
    Accession Number: 20081201-0090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 17, 2008.

    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA08-9-003.
    Applicants: PJM Interconnection, L.L.C.
    Description: Order No. 890 Compliance Filing under OA08-9.
    Filed Date: 12/01/2008.
    Accession Number: 20081201-5126.
    Comment Date: 5 p.m. Eastern Time on Monday, December 22, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-29370 Filed 12-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 14, 2007 (Volume 72, Number 49)]
[Notices]
[Page 11867]
[DOCID:fr14mr07-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0172; FRL-8118-5]

The Association of American Pesticide Control Officials (AAPCO)/
State FIFRA Issues Research and Evaluation Group (SFIREG) Working
Committee on Pesticide Operations and Management (WC/POM); Notice of
Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG)
Working Committee on Pesticide Operations and Management (WC/POM) will
hold a 2-day meeting, beginning on April 2, 2007 and ending April 3,
2007. This notice announces the location and times for the meeting and
sets forth the tentative agenda topics.

DATES: The meeting will be held on April 2, 2007 from 8:30 a.m. to 5
p.m. and 8:30 a.m. to 12 noon on April 3, 2007.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at Marriott Boston Long Wharf,
Boston, MA.

FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External
Affairs Division, (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>or Philip H. Gray, SFIREG Executive
Secretary, P.O. Box 1249, Hardwick, VT 05843-1249; telephone number:
(802) 472-6956; fax<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if all parties
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process
are invited and encouraged to attend the meetings and participate as
appropriate. ''
    Potentially affected entities may include, but are not limited to:
those persons who are or may be required to conduct testing of chemical
substances under the Federal Food, Drug and Cosmetic Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2007-0172. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Tentative Agenda

    1. Update on NAFTA Labeling
    2. Update on Label I.D. Project
    3. New Issue Paper on Underground Chemigation
    4. Use of ``Recommended'' Regarding Rate Section on Pesticide
labels
    5. Notice 2000-5
    6. Revising Time Factors for Estimating Inspection Costs for Grant
Purposes
    7. Rodenticide RUP Status
    8. Review expedited Section 18 Form and Guidance
    9. Fund Raising Logos on Section 3 Labels
    10. Residue Check Sample Program
    11. Drift Language Recommendations from PPDC
    12. Update on WPS and C and T Proposed Rule Change
    13. PIRT Training and Potential for Recertification of Federal
Credentials
    14. Enforcement Issues with F and WS Regarding Sampling of
Endangered Species
    15. OECA PART Measures Data Review Committee
    16. EPA Update/Briefing
    a. Office of Pesticide Programs Update
    b. Office of Enforcement Compliance Assurance Update
    17. POM Working Committee Workgroups Issue Papers/Updates

List of Subjects

    Environmental protection.

    Dated: February 26, 2007.
William R. Diamond,
Director, Field External Affairs Division, Office of Pesticide Programs
[FR Doc. E7-4381 Filed 3-13-07; 8:45 am]

BILLING CODE 6560-50-S


Evidence of consent and acceptance of the work, goods or services on
behalf of the local government must be established and maintained on
file by the State until all funds authorized for a specific year are
expended and audits completed.
    (4) State agency expenditures which are generally not classified
as local are within such areas as vehicle inspection, vehicle
registration and driver licensing. However, where these areas
provide funding for services such as driver improvement tasks
administered by traffic courts, or where they furnish computer
support for local government requests for traffic record searches,
these expenditures are classifiable as benefitting local programs.
    (d) Waivers. While the local participation requirement may be
waived in whole or in part by the NHTSA Administrator, it is
expected that each State program will generate political subdivision
participation to the extent required by the Act so that requests for
waivers will be minimized. Where a waiver is requested, however, it
must be documented at least by a conclusive showing of the absence
of legal authority over highway safety activities at the political
subdivision levels of the State and must recommend the appropriate
percentage participation to be applied in lieu of the local share.

Appendix D to Part 1300--Planning and Administration (P&A) Costs

    (a) Policy. Federal participation in P&A activities shall not
exceed 50 percent of the total cost of such activities, or the
applicable sliding scale rate in accordance with 23 U.S.C. 120. The
Federal contribution for P&A activities shall not exceed 13 percent
of the total funds the State receives under 23 U.S.C. 402. In
accordance with 23 U.S.C. 120(i), the Federal share payable for
projects in the U.S. Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be 100 percent.
The Indian country, as defined by 23 U.S.C. 402(h), is exempt from
these provisions. NHTSA funds shall be used only to finance P&A
activities attributable to NHTSA programs.
    (b) Terms.
    Direct costs are those costs identified specifically with a
particular planning and administration activity or project. The
salary of an accountant on the State Highway Safety Agency staff is
an example of a direct cost attributable to P&A. The salary of a DWI
(Driving While Intoxicated) enforcement officer is an example of
direct cost attributable to a project.
    Indirect costs are those costs (1) incurred for a common or
joint purpose benefiting more than one cost objective within a
governmental unit and (2) not readily assignable to the project
specifically benefited. For example, centralized support services
such as personnel, procurement, and budgeting would be indirect
costs.
    Planning and administration (P&A) costs are those direct and
indirect costs that are attributable to the management of the
Highway Safety Agency. Such costs could include salaries, related
personnel benefits, travel expenses, and rental costs specific to
the Highway Safety Agency.
    Program management costs are those costs attributable to a
program area (e.g., salary and travel expenses of an impaired
driving program manager/coordinator of a State Highway Safety
Agency).
    (c) Procedures. (1) P&A activities and related costs shall be
described in the P&A module of the State's Highway Safety Plan. The
State's matching share shall be determined on the basis of the total
P&A costs in the module. Federal participation shall not exceed 50
percent (or the applicable sliding scale) of the total P&A costs. A
State shall not use NHTSA funds to pay more than 50 percent of the
P&A costs attributable to NHTSA programs. In addition, the Federal
contribution for P&A activities shall not exceed 13 percent of the
total funds in the State received under 23 U.S.C. 402 each fiscal
year.
    (2) A State at its option may allocate salary and related costs
of State highway safety agency employees to one of the following:
    (i) P&A
    (ii) Program management of one or more program areas contained
in the HSP; or
    (iii) Combination of P&A activities and the program management
activities in one or more program areas.
    (3) If an employee works solely performing P&A activities, the
total salary and related costs may be programmed to P&A. If the
employee works performing program management activities in one or
more program areas, the total salary and related costs may be
charged directly to the appropriate area(s). If an employee is
working time on a combination of P&A and program management
activities, the total salary and related costs may be charged to P&A
and the appropriate program area(s) based on the actual time worked
under each

area(s). If the State Highway Safety Agency elects to allocate costs
based on actual time spent on an activity, the State Highway Safety
Agency must keep accurate time records showing the work activities
for each employee.

    Issued on: May 16, 2016.
Mark R. Rosekind,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 2016-11819 Filed 5-20-16; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66308-66312]
[FR Doc No: 2014-26526]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0572; FRL-9917-14]

FD&C Red No. 40; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of FD&C Red No. 40 when used as an inert
ingredient as colorant in antimicrobial pesticide formulation in food-
contact surface sanitizer products at a maximum level in the end-use
concentration of 20 parts per million (ppm). Diversey Inc., submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of FD&C Red No. 40.

DATES: This regulation is effective November 7, 2014. Objections and
requests for hearings must be received on or before January 6, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0572, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan T. Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:

 Crop production (NAICS code 111).
 Animal production (NAICS code 112).
 Food manufacturing (NAICS code 311).
 Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0572 in the subject line on the first
page of your submission. All

objections and requests for a hearing must be in writing, and must be
received by the Hearing Clerk on or before January 6, 2015. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0572, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of August 22, 2012 (77 FR 50664) (FRL-9358-
9), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP 1E7843) by
Diversey Inc., 8310 16th Street, Sturtevant, Wisconsin 53177. The
petition requested that 40 CFR 180.940(a) be amended by establishing an
exemption from the requirement of a tolerance for residues of FD&C Red
No. 40 (CAS No. 25956-17-6) when used as an inert ingredient (colorant)
in food-contact surface sanitizing solutions at a maximum level in the
end-use concentration of 20 parts per million (ppm). That document
referenced a summary of the petition prepared by Diversey Inc., the
petitioner, which is available in the docket, EPA-HQ-OPP-2012-0572, at
http://www.regulations.gov. There were no comments received in response
to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for FD&C Red No. 40 including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with FD&C Red No. 40 is
detailed in a May 9, 2014 Memorandum entitled ``Decision Document for
Petition Number 1E7843: FD&C Red No. 40 (CAS Reg. No. 25956-17-6);
Human Health Risk Assessment and Ecological Effects Assessment for
Proposed Exemption from the Requirement of a Tolerance When Used as an
Inert Ingredient in Pesticide Formulations'' which is available in the
docket for this rule, EPA-HQ-OPP-2012-0572. A summary of that
assessment follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received is discussed in
this unit.
    The European Food Safety Authority (EFSA) has conducted the most
recent (2009) full review of the toxicology of FD&C Red No. 40. This
document relied heavily on the earlier reviews (1980), conducted by the
Joint FAO/WHO Expert Committee on Food Additives (JECFA) and the
European Union Scientific Committee for Food (SCF) in 1984 and 1989.
These evaluations of FD&C Red No. 40 included reviews of an extensive
set of toxicological data including genotoxicity, chronic toxicity,
carcinogenicity, reproductive and developmental toxicity and
metabolism. The available data demonstrated that no adverse effects
were seen in studies at limit dose levels.
    Briefly, no compound related clinical signs of toxicity were
observed when FD&C Red No. 40 (Allura Red AC) was

given to rats by gavage at doses varying from 215 to 10,000 milligrams/
kilogram (mg/kg). It was not irritating to the skin of rabbits.
Repeated dose toxicity studies were conducted in rats, dogs and pigs.
No evidence of systemic toxicity was observed in rats fed FD&C Red No.
40 in the diet for six weeks at doses up to 2,595 mg/kg/day. The dog
studies (two) were determined to be too limited to derive a NOAEL. No
compound related effects were reported in pigs given gavage dose of
1,000 mg/kg/day for 21 days and then increased to 1,500 mg/kg/day for
an additional 54 days.
    In chronic studies, no dye-related anomalies were noted in terms of
survival, or gross and histopathology of major organs and the skin in
mice treated dermally with FD&C Red No. 40 with a 5% test solution
twice weekly for 20 months. A moderate growth depression was observed
in both sexes of rat fed at the highest dose level of 2,595 mg/kg/day
for 92 weeks. No compound-related effects were observed regarding
appearance, behavior, survival, organ weights, clinical laboratory
studies, or gross and histopathology in rats.
    FD&C Red No. 40 was evaluated for its mutagenic activity in
adequate range of in vivo and in vitro mutagenicity assays. Overall, it
gave a negative response for mutagenicity in in vivo and in vitro
assays except Comet assay. EFSA Panel considered this finding in the
light of negative carcinogenicity studies, and determined that the
biological significance of the Comet assay results is uncertain.
    As summarized by EFSA, no evidence of carcinogenicity was observed
in male rats at doses up to 2,595 mg/kg/day and 2,829 mg/kg/day in
female rats; and in mice at dose levels up to 7,422 mg/kg/day in males
and 8,304 mg/kg/day in females.
    Relevant reproductive and developmental toxicity studies are
summarized in the EFSA document. In a multi-generation reproduction
study in rats at a dietary levels of 0, 0.37, 0.72, 1.39 or 5.19%
(equivalent to 0, 185, 360, 695 and 2,595 mg/kg bw/day), no treatment
related adverse effects were observed in the parental animals. Only
slight growth retardation was observed at the high dose levels in
F1 and F2 pups. The NOAEL for offspring toxicity
was 695 mg/kg/day and the LOAEL was 2,595 mg/kg/day. No reproductive or
developmental toxicity was seen at high doses in three chronic studies
in rats and mice in which these parameters were evaluated concurrently.
Rats (group number not reported) were exposed up to 10% of FD&C Red No.
40 in the diet (calculated doses of 0, 1,250, 2,500 and 5,000 mg/kg/
day). Litter mortality was increased between 22-24 days of age at a
concentration of 10% in the diet. Significantly decreased running wheel
activity was observed in all exposed groups. Increased open-field
rearing was observed in the two highest dose groups. The LOAEL was
determined to be 1,250 mg/kg/day; a NOAEL could not be determined from
this study. No neurobehavioral effects were observed in mice
administered 1.68% FD&C Red No. 40 via diet (equivalent to 2,400 mg/kg/
day) for 2-generations. Teratology studies in rats and rabbits showed
no evidence of adverse effects at doses up to 200 mg/kg/day
administered via gavage during gestation days (GD) 0-19 in rats, and at
doses up to 700 mg/kg/day administered via gavage during GD 6-18 in
rabbits. In rats (group number not reported) dosed with FD&C Red No. 40
up to 0.7% in drinking water (equivalent to 939 mg/kg bw/day) during
GDs, on GD 0-20 a significant increase in the incidence of fetuses with
reduced ossification of the hyoid was observed at the highest dose
level. No other fetal malformations were observed. The NOAEL from this
study was determined to be 546 mg/kg/day.
    In rats fed 5.19% FD&C Red No. 40 in the diet, only 0.1% and 29% of
the unmetabolized dye was found to be excreted in the urine and feces,
respectively. Several metabolites, possibly resulting from azo-
reduction in the gastrointestinal tract (two identified as aromatic
amines, p-cresidine sulfnic acid being the major one), were also found
in the feces and urine. Finally, significant retention in the washed
intestines of rat was observed, probably due to adhesion to the
intestinal wall.

B. Toxicological Points of Departure/Levels of Concern

    Based on the low potential hazard, toxicological endpoints of
concern have not been identified for FD&C Red No. 40. Thus, due to its
low potential hazard and lack of hazard endpoint, the Agency has
determined that a quantitative risk assessment using safety factors
applied to a point of departure protective of an identified hazard
endpoint is not appropriate. JEFCA and EFSA established the acceptable
daily intake (ADI) of 0-7 mg/kg/day based on the NOAEL of 695 mg/kg/day
derived from a reproductive toxicity study in rats, which revealed
slight growth suppression observed mainly at the high test levels of
2,595 mg/kg/day in F1 and F2 pups and from a
teratogenicity study in rats which revealed lower body weights and
growth rates at the highest dose level of 2,595 mg/kg/day but not at
695 mg/kg bw/day. Since adverse effects in these two studies were
observed at 2.5 times the limit dose of 1,000 mg/kg/day; EPA concluded
that it is not warranted to conduct a quantitative risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses and drinking water.
Dietary exposure (food and drinking water) to FD&C Red No. 40 can occur
following ingestion of foods with residues from food-contact surface
sanitizing solutions for public eating places, treated dairy- and food-
processing equipment and utensils; pre- and post-harvest crop uses and
as a direct food additives. In addition, dietary exposures to FD&C Red
No. 40 can occur as a result of its use as a color additive in foods.
However, EPA did not conduct a quantitative dietary exposure assessment
since no endpoint of concern for risk assessment has been identified.
    2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    FD&C Red No. 40 is used as an inert ingredient in agricultural
pesticide products that could result in short- and intermediate-term
residential exposure. Residential exposure can occur via dermal and
inhalation routes of exposure to residential applicator. Dermal and
inhalation exposure can occur from the use of consumer products and
foods/food additives containing FD&C Red No. 40. Since an endpoint for
risk assessment was not identified, a quantitative residential exposure
assessment for FD&C Red No. 40 was not conducted.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found FD&C Red No. 40 to share a common mechanism of
toxicity with any other substances, and FD&C Red No. 40 does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that FD&C
Red No. 40 does not have a common mechanism of toxicity

with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    At this time, there is no concern for potential sensitivity to
infants and children resulting from exposures to FD&C Red No. 40. There
is no reported quantitative or qualitative evidence of increased
susceptibility of rat fetuses to in utero exposure to FD&C Red No. 40
in developmental toxicity studies in rats. No quantitative or
qualitative evidence of increased susceptibility has been reported
following the pre/postnatal exposure to rats in 2-generation
reproduction toxicity studies in rats. Given the lack of adverse
toxicological effects at limit dose levels, a safety factor analysis
has not been used to assess the risk. For these reasons the additional
tenfold safety factor is unnecessary.

E. Aggregate Risks and Determination of Safety

    In examining aggregate exposure, EPA takes into account the
available and reliable information concerning exposures to pesticide
residues in food and drinking water, and non-occupational pesticide
exposures. Dietary (food and drinking water) and non-dietary
(residential) exposures of concern are not anticipated for FD&C Red No.
40 because of its low toxicity based on animal studies showing toxicity
at or above the limit dose of 1,000 mg/kg/day. Taking into
consideration all available information on FD&C Red No. 40, EPA has
determined that there is a reasonable certainty that no harm to any
population subgroup, including infants and children, will result from
aggregate exposure to FD&C Red No. 40 under reasonably foreseeable
circumstances. Therefore, the establishment of an exemption from
tolerance under 40 CFR 180.940(a) for residues of FD&C Red No. 40 when
used as an inert ingredient (colorant) in pesticide formulations
applied to food contact surfaces in public eating places, dairy
processing equipment and food processing equipment and utensils up to
20 ppm in antimicrobial pesticide formulations is safe under FFDCA
section 408.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation. EPA is establishing a
limitation on the amount of FD&C Red No. 40 that may be used in
pesticide formulations.
    The limitation will be enforced through the pesticide registration
process under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et seq. EPA will not register any food-contact
surface antimicrobial pesticide for sale or distribution with
concentrations of FD&C Red No. 40 exceeding 20 ppm in the end use
formulation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.940(a) for FD&C Red No. 40 (CAS No. 25956-
17-6) when used as an inert ingredient (colorant) in pesticide
formulations applied to food-contact surfaces in public eating places,
dairy-processing equipment and food-processing equipment and utensils
up to 20 ppm in end use formulation.

VII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this final rule has been exempted from review
under Executive Order 12866, this final rule is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemption in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule 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. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 30, 2014.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.940, the table in paragraph (a) is amended by
alphabetically adding an entry for ``FD&C Red No. 40'' before the entry
for ``FD&C Yellow No. 5'' to read as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).

* * * * *
    (a) * * *

------------------------------------------------------------------------
        Pesticide chemical           CAS Reg. No.          Limits
------------------------------------------------------------------------

                              * * * * * * *
FD&C Red No. 40...................      25956-17-6  When ready for use,
                                                     the end-use
                                                     concentration is
                                                     not to exceed 20
                                                     ppm.

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

* * * * *
[FR Doc. 2014-26526 Filed 11-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Rules and Regulations]
[Pages 7055-7056]
[FR Doc No: 2014-02563]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0950; Airspace Docket No. 13-AGL-34]

Amendment of Class D and Class E Airspace; Grand Forks, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment, correction.

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SUMMARY: This action corrects the geographic coordinates and adds the

geographic coordinates of the Grand Forks International Airport ILS
Localizer, and removes NOTAM information, in the regulatory text of a
final rule that was published in the Federal Register of December 10,
2013, amending Class D and Class E airspace in the Grand Forks, ND
area.

DATES: Effective Date: 0901 UTC, February 6, 2013.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On December 10, 2013, the FAA published in the Federal Register a
final rule amending Class D and Class E airspace in the Grand Forks, ND
area. (78 FR 74005, Docket No. FAA-2013-0950). Subsequent to
publication, an error was discovered in the latitude coordinates for
Grand Forks International Airport listed in the Class D airspace
description, as well as the NOTAM information inadvertently copied in
error for Grand Forks AFB. In addition, reference to the Grand Forks
International Airport ILS localizer navigation aid was omitted from the
descriptor for the Grand Forks, ND, Class E airspace.
    Class D and Class E airspace designations are published in
paragraph 5000 and 6005, respectively, of FAA Order 7400.9X dated
August 7, 2013, and effective September 15, 2013, which is incorporated
by reference in 14 CFR Part 71.1. The Class D and Class E airspace
designations listed in this document will be published subsequently in
the Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, the Class D
airspace areas at Grand Forks International Airport, Grand Forks, ND,
and Grand Forks AFB, ND, and the Class E airspace area extending upward
from 700 feet above the surface at Grand Forks International Airport,
Grand Forks, ND, as published in the Federal Register December 10, 2013
(78 FR 74005), (FR Doc. 2013-29222) FAA Docket No. 2013-0950, are
corrected as follows:

AGL ND D Grand Forks, ND [Corrected]

Grand Forks International Airport, ND

0
On page 74006, column 1, line 29 of the regulatory text, remove `lat.
47[deg]5'50'' N.,' and insert `lat. 47[deg]56'50'' N.'

AGL ND D Grand Forks AFB, ND [Corrected]

0
On page 74006, column 1, and beginning on line 51, remove the
following:

This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will therefore be continuously published in
the Airport/Facility Directory.

AGL ND E5 Grand Forks, ND [Corrected]

0
On page 74006, column 2, add the following after line 46:

Grand Forks International Airport ILS Localizer
    (Lat. 47[deg]53'43'' N., long. 97[deg]10'52'' W.)

    Issued in Washington, DC, on February 3, 2014.
Mark W. Bury,
Assistant Chief Counsel, International Law, Legislation, and
Rulemaking.
[FR Doc. 2014-02563 Filed 2-3-14; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14288-14289]
[FR Doc No: 2020-04940]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0131]

Commercial Driver's License Standards: Application for Exemption;
Teupen North America, Inc.

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

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

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

SUMMARY: FMCSA announces its decision to grant an exemption from the
commercial driver's license (CDL) regulations to Teupen North America,
Inc. (Teupen) for one driver, Mr. Martin Borutta, Lead Engineer for
Teupen. Mr. Borutta holds a valid German commercial license and wants
to test drive Teupen's new aerial lift design vehicle on U.S. roads to
better understand product requirements for safe application in the U.S.
market, and verify results. FMCSA believes that the requirements for a
German commercial license ensure that operations under the exemption
would likely achieve a level of safety equivalent to or greater than
the level that would be obtained in the absence of the exemption.

DATES: This exemption is effective March 11, 2020 and expires March 11,
2025.

ADDRESSES:
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
    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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2019-0131'' in the ``Keyword'' box and click
``Search''. Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
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.,
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. 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 the safety analyses and the public comments, 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 reason
for the grant or denial, and, if granted, the specific person or class
of persons receiving the exemption, and the regulatory provision or
provisions from which exemption is granted. The notice must also
specify the effective period of the exemption (up to 5 years), and
explain the terms and conditions of the exemption. The exemption may be
renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Teupen applied for an exemption for Mr. Martin Borutta from 49 CFR
383.23, which prescribes licensing requirements for drivers operating
commercial motor vehicles (CMVs) in interstate or intrastate commerce.
He holds a valid German commercial license but is unable to obtain a
CDL because he not domiciled in this country. A copy of the exemption
application is in the docket referenced at the beginning of this
notice.
    The exemption would allow this driver to operate CMVs in interstate
or intrastate commerce to support Teupen field tests designed to better
understand product requirements and ensure the safe operation of their
new aerial lift design vehicle in environments in the U.S. According to
Teupen, Mr. Borutta will typically drive for no more than 5 hours per
day for one to two days. The test driving will typically be done on
interstate highways, and driving will consist of no more than 200 miles
per day. He will in all cases be accompanied by a U.S. CDL holder
familiar with the routes to be traveled.
    Mr. Borutta holds a valid German commercial license, and as
explained by Teupen in its exemption request, the requirements for that
license ensure that, operating under the exemption, Mr. Borutta would
likely achieve a level of safety equivalent to or greater than the
level that would be achieved by the current regulation. Teupen requests
that the exemption cover the maximum allowable period of five years.

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

    Teupen notes that the process for obtaining a German commercial
license is comparable to, or as effective as, the requirements of part
383, and adequately assesses the driver's ability to operate CMVs in
the U.S. The Agency granted one of Navistar's drivers a similar
exemption [April 15, 2019 (84 FR 15283)]. Since 2015, the Agency has
also granted Daimler drivers similar exemptions: [December 7, 2015 (80
FR 76059); December 21, 2015 (80 FR 79410)]; July 12, 2016 (81 FR
45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); and
September 10, 2018 (83 FR 45742)]. The Agency has not received any
information or reports indicating there have been safety performance
problems with individuals holding German commercial licenses who
operate CMVs on public roads in the United States.

V. Public Comments

    On October 24, 2019, FMCSA published notice of this application and
requested public comments (84 FR 57155). One commenter stated: ``Concur
with request for exemption. Additionally, as this scenario is possibly
encountered by military spouses without U.S. citizenship, recommend
review of the regulation to consider possibilities for inclusive
language while still maintaining safety standards.''

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Borutta's
extensive driving experience and safety record, FMCSA has concluded
that the exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption, in accordance with Sec.  381.305(a). The requirements
for a German-issued commercial license ensure that drivers meet or
exceed the same level of safety as if these drivers had obtained a U.S.
CDL. Mr. Borutta is familiar with the operation of CMVs and will be
accompanied at all times by a driver who holds a U.S. CDL and is
familiar with the routes to be traveled. FMCSA has determined that the
process for obtaining a commercial license in Germany is comparable to
that for obtaining a CDL issued by one of the States and adequately
assesses the driver's ability to operate CMVs safely in the United
States.

VII. Terms and Conditions for the Exemption

    FMCSA grants Teupen driver Martin Borutta an exemption from the CDL
requirement in 49 CFR 383.23 to allow him to drive CMVs in this country
without a State-issued CDL, subject to the following terms and
conditions:
    (1) The driver and carrier must comply will all other applicable
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) the driver must be in possession of the exemption document and
a valid German commercial license;
    (3) the driver must be employed by and operate the CMV within the
scope of their duties for Teupen;
    (4) at all times while operating a CMV under this exemption, the
driver must be accompanied by a holder of a U.S. CDL who is familiar
with the routes traveled;
    (5) Teupen must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving this driver; and
    (6) Teupen must notify FMCSA in writing if this driver is convicted
of a disqualifying offense under Sec.  383.51 or Sec.  391.15 of the
FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if:
    (1) Mr. Borutta fails to comply with the terms and conditions of
the exemption;
    (2) the exemption results in a lower level of safety than was
maintained before it was granted; or
    (3) continuation of the exemption would be inconsistent with the
goals and objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    Pursuant to 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600,
during the period this exemption is in effect, no State shall enforce
any law or regulation applicable to interstate or intrastate commerce
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.

    Issued on: February 19, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-04940 Filed 3-10-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Notices]
[Page 71396-71397]
[DOCID:fr17de07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13034-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

December 10, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13034-000.
    c. Date filed: September 28, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Mississippi River Lock & Dam No. 17
Hydroelectric Project
    f. Location: Mississippi River in Mercer County, Iowa. It would use
the U.S. Army Corps of Engineers' Mississippi River Lock & Dam No. 17.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13034-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' Mississippi River Lock & Dam No. 17 and operated in
a run-of-river mode would consist of: (1) A new 90-foot long, 130-foot
wide, 60-foot high concrete powerhouse; (2) a new intake channel and
tailrace channel on the levee section of the Corps' facility, on the
Iowa shore, opposite the river from the lock structure; (3) two
turbine/generator units with a combined installed capacity of 8
megawatts; (4) a new 27,217-foot long above ground transmission line
extending from the switchyard near the powerhouse west to an
interconnection point with an existing transmission line; and (5)
appurtenant facilities. The proposed Mississippi River Lock & Dam No.
17 Project would have an average annual generation of 45 gigawatt-
hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title

``COMMENTS'', ``NOTICE OF INTENT TO FILE COMPETING APPLICATION'',
``COMPETING APPLICATION'', ``PROTEST'', and ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. An additional
copy must be sent to Director, Division of Hydropower Administration
and Compliance, Federal Energy Regulatory Commission, at the above-
mentioned address. A copy of any notice of intent, competing
application or motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    s. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-24301 Filed 12-14-07; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Good afternoon Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. I would personally like to request that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, giving us a total of 180 days to compose my formal response to these proposals.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule.  In order to prepare a well thought-out response on the numerous questions asked in the proposal, I’d like to request additional time.  It won’t benefit anyone to just “shoot from the hip”, blasting responses out just to make a deadline.

Quite frankly, I’m fairly certain that switching to electronic cigarettes save my life.  I’d like to have the time to relate my story for the benefit of other smokers contemplating the same solution.  I smoked a pack a day for 12 years and, after changing to e-cigarettes, haven’t smoked in 6 months.  I’m quite confident that I’m over the combustible version and the 4000 additional chemicals inherent to that product.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thank you and best regards,

John New


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43817-43819]
[FR Doc No: 2017-19909]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0248]

Hours of Service; YRC Worldwide Inc. Application for an Exemption
From Certain Electronic Logging Device Requirements

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

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

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application from YRC Worldwide Inc.
(YRCW) for an exemption from various provisions of the mandate to use
electronic logging devices (ELDs).

DATES: Comments must be received on or before October 19, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2017-0248 using any of the
following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. 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 for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site as well as
the DOT's http://

docketsinfo.dot.gov Web site. If you would like notification that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgment page that appears
after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: YRCW is requesting an exemption (1) to allow
an alternative ELD phase-in method for fleets using compliant automatic
on-board recording devices (AOBRDs); (2) from the requirement that an
ELD automatically record certain data elements upon a duty status
change when a driver is not in the vehicle; (3) to allow ELDs to be
configured with a special driving mode for yard moves that does not
require the driver to re-input yard move status every time the tractor
is powered off; and (4) to allow vehicle movements of less than one
mile on YRCW property by non-CDL YRCW drivers to be annotated as ``on
property--other.'' YRCW believes that the requested temporary
exemptions will maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

YRCW Application for Exemption

    YRCW is a holding company that, through its operating companies,
offers its customers a wide range of transportation services. Its
operating companies include YRC Freight (a North American less-than-
truckload (LTL) company), and Holland, Reddaway, and New Penn (regional
LRL companies). YRCW has applied for an exemption from various
provisions of 49 CFR part 395 regarding the use of ELDs. Specifically,
YRCW has requested a temporary exemption (1) to allow an alternative
ELD phase-in method for fleets using compliant automatic on-board
recording devices (AOBRDs); (2) from the requirement that an ELD
automatically record certain data elements upon a duty status change
when a driver is not in the vehicle; (3) to allow ELDs to be configured
with a special driving mode for yard moves that does not require the
driver to re-input yard move status every time the tractor is powered
off; and (4) to allow vehicle movements of less than one mile conducted
on YRCW property by non-CDL YRCW drivers to be annotated as ``on
property--other.''
    YRCW states that its request is almost identical to an exemption
application submitted by United Parcel Service (Ups) regarding the
implementation and use of ELDs (see Docket FMCSA-2017-0054), and notes
that it filed comments in support of the UPS application on July 7,
2017.
    A copy of the application is included in the docket referenced at
the beginning of this notice.

Alternative ELD Phase-In Method

    Subject to limited exceptions, section 395.8(a)(1)(i) of the FMCSRs
requires motor carriers to install and use ELDs that comply with the
technical specifications prescribed for those devices no later than
December 18, 2017. However, section 395.8(a)(1)(ii) allows a motor
carrier that installs, and requires its drivers to use, compliant
AOBRDs before the December 18, 2017, compliance date to continue to use
those AOBRDs until December 16, 2019, thereby providing a 2-year
grandfather period for devices installed prior to the compliance date.
    In support of its application, YRCW states:
    Like UPS, current requirements restricting the use of new AOBRDs
in the transition period would cause company drivers to operate a
``mixed fleet'' of AOBRDs and ELDs. A ``mixed fleet'' introduces
significant training challenges and inefficiencies. Groups of driver
employees at terminals lead safety training with guidance from issue
experts. As such, in addition to the training challenges highlighted
by UPS, under the current rule a ``mixed fleet'' would result in the
added complexity of peer-to-peer trainers being responsible for
training both AOBRD and ELD systems.
    Unlike UPS, YRCW's operating companies currently utilize paper
logs. As such, the adoption of electronic logs is the single largest
change in recording record of duty status in decades. Many of our
drivers are long-tenured and may face challenges in adopting a new
system. Since operational flexibility does not allow a driver to be
assigned a tractor, a `mixed fleet'' scenario forces drivers to be
trained to use both AOBRD and ELD systems and introduce more
complexity, errors, and challenges for all stakeholders.

    Based on the above, for YRCW operating companies who plan to
operate AOBRDs past December 18, 2017, YRCW requests an exemption from
section 395(a)(1)(i) to allow the installation of AOBRDs on new truck
tractors delivered to a facility after the December 18, 2017,
compliance date, where existing vehicles at that facility are equipped
with compliant AOBRDs.

Recording of ELD Data Elements

    An ELD is required to automatically record a number of specific
data elements at certain events, to include (1) when a driver indicates
a change of duty status under section 395.24(b) (see section
395.26(c)), and (2) when an authorized user logs into or out of an ELD
(see section 395.26(g)).
    In support of its application, YRCW states:

    Similar to UPS, all drivers at YRC Freight, Holland and New Penn
and a portion of drivers at Reddaway are covered by collective
bargaining agreements. Almost all drivers clock in through an
electronic system when they begin their day. Once clocked in they
are required to perform non-driving duties as defined by collective
bargaining agreements and company policies. As such, YRCW requests
the same exemption as stated by UPS in Docket 2017-0054 on behalf of
its operating companies.

    Based on the above, YRCW requests an exemption from the requirement
to record the specific data elements identified in sections 395.26(c)
and

395.26(g) if the driver is not in the vehicle when (1) the driver
indicates a change of duty status, or (2) an authorized user logs into
or out of an ELD, respectively. Instead, to assure accurate recording
of on-duty, not driving time, YRCW proposes that it will
``systematically annotate that the driver was performing other work.''
YRCW believes that the proposed exemption ``will have no impact on the
recordation of driving time'' as all required vehicle data will be
recorded when the driver is in the vehicle, and ``the tractor data that
would not be recorded when the driver is not in the vehicle is not
relevant to assessing the accurate recordation of `on-duty, not
driving' time.''

Special Driving Mode for Yard Moves

    Section 395.28(a) of the FMCSRs permits a motor carrier to
configure an ELD to authorize a driver to indicate that the driver is
operating a commercial motor vehicle (CMV) under certain special
driving categories, including (1) authorized personal use, and (2) and
yard moves. Section 395.28(a)(2) requires a driver to select the
applicable special driving category on the ELD before the start of the
status, and to deselect it when the indicated status ends.
    In support of its application, YRCW states:

    Like UPS, almost all drivers for YRCW operating companies are
covered by a collective bargaining agreement which sets out a
contractual agreement that specifies which categories of drivers may
perform certain driving duties such as coupling, uncoupling and
moving equipment around company yards. The ability to select a
``yard move'' status will eliminate multiple unnecessary entries.
Like UPS, the facilities of YRCW's operating companies maintain
posted speed and will be ``geo-fenced.'' YRCW proposes that driving
status should be activated once a vehicle reaches 20mph or above
and/or exits the facility. In addition to making drivers more
efficient, allowing the ``yard move'' status eliminates driver
distractions and enables them to focus on safely operating vehicles
in the yard.

    Based on the above, YRCW requests an exemption from section
395.28(a)(2)(i) to allow its drivers to select ``yard move'' status and
remain in that status even if the vehicle's ignition is cycled off and
back on. Under the proposed temporary exemption, and assuming that the
driver does not go off duty after performing the yard moves, YRCW
states that the ELD would switch to a ``driving'' duty status under
section 395.24 if (1) the driver inputs ``driving,'' (2) the vehicle
exceeds 20 mph, or (3) the vehicle exits the geo-fenced yard.

Vehicle Use by Exempt Employees Operating on UPS Property

    Section 395.26(h) of the FMCSRs requires an ELD to automatically
record certain data elements when a CMV's engine is powered up or
powered down.
    In support of its application, YRCW states:

    YRCW operating companies have exempt employees, without
commercial driver's licenses, who move vehicles within our company
yards for various purposes, including fueling, washing and
maintenance. Vehicles will not be equipped with permanently attached
ELD or AOBRD systems, nor will these drivers be assigned portable
devices. As a result, exempt individuals will not have the ability
to input data into an AOBRD or ELD device. As with UPS, these trips
are under one mile and move less than 20mph on company property.
Based on our similar operational practices and needs, YRCW companies
requests the same exemption as requested by UPS, with the
understanding that movements in the yard will not be limited to
washing and fueling.

    Based on the above, YRCW requests an exemption from section 395.26,
and proposes to allow an alternative approach to track vehicle usage by
certain yard employees on YRCW property. Specifically, YRCW proposes
that vehicle usage of less than 1 mile by these exempt employees,
conducted entirely on YRCW property, be annotated on an ELD as ``on
property--other.'' YRCW states that these miles could be easily
identified using geo-fencing and time-card information for road drivers
and other employees.
    As noted in its application, YRCW believes that each of the
requested exemptions will result in substantial operational
efficiencies, and will maintain a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemptions.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on YRCW's application for an
exemption from 49 CFR part 395. All comments received before the close
of business on the comment closing date indicated at the beginning of
this notice will be considered and will be available for examination in
the docket at the location listed under the ``Addresses'' section of
this notice. Comments received after the comment closing date will be
filed in the public docket and will be considered to the extent
practicable. In addition to late comments, FMCSA will also continue to
file, in the public docket, relevant information that becomes available
after the comment closing date. Interested persons should continue to
examine the public docket for new material.

    Issued on: September 12, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19909 Filed 9-18-17; 8:45 am]
 BILLING CODE 4910-EX-P