What was distributed March 2012:                                    Question Yes? No?                                    Comments Re-Notification Questions

1.Does your state have reporting processes in place to require re-notification of small quantity generators (SQGs)?

2.Does your state have other types of processes in place, such as use of manifest systems, or coordination with other agencies within your state, that enables your state to update the regulatory status of SQGs? If yes, please explain in the Comments section.

3.Does your state have regulatory requirements that require either large quantity generators (LQGs) or SQGs to re-notify when certain events occur, such as when they close, change regulated activity, move to a new location, etc.?

4.If the answer to Questions 1, 2 or 3 is YES, do you subsequently update RCRA Info with the information you collected?

Biennial Report Questions

5.Does your state require one-time or short-term LQGs to report the amount of hazardous waste they generate only for the months they are LQGs, or for the entire calendar year?

6.Does your state collect information associated with ground water monitoring using the BR regulatory authority found in 40 CFR 264.75 for RCRA permitted treatment, storage and disposal facilities (TSDFs)?

7.Does your state collect information associated with closure cost estimates or post-closure cost estimates using the BR regulatory authority found at either 40 CFR 264.75 or 40 CFR 265.75 for RCRA permitted or interim status treatment, storage and disposal facilities (TSDFs), respectively?

8.Independent of questions 6 and 7, does your state collect any additional information over and above the federal Biennial Reporting forms? If YES, please identify what those data elements are in the Notes section below.

Additional Notes or Comments  Responses: States that we received responses from in alphabetical order:  Arkansas, Colorado, Connecticut, District of Columbia, Delaware, Idaho, Illinois, Indiana, Maryland, Michigan, Montana, New Hampshire, New Jersey, New York, North Dakota, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, West Virginia, and Wyoming.

Re-Notification Questions    1. Does your state have reporting processes in place to require re-notification of small quantity generators (SQGs)?

No:  13 (CO, CT, DE, ID, IL, MI, NJ, NY, OH, PR, SD, UT, WY) Yes:  13 (AR, DC, IN, MD, MT, ND, NH, OR, RI, SC, VA, VT, WV)

Comments

AR Arkansas requires SQGs to submit the Arkansas Annual Hazardous Waste Report each year, which updates the facility's highest generation status during the preceding year, and includes an updated Site Identification Form. DC DC has an annual self-certification form that is completed by all CESQG and SQG sites in the District.  This form allows all generators of hazardous waste in the District to reports there generator status and how much hazardous waste was generator for the previous year. ID Although Idaho does employ an annual reporting process that allows SQGs to renotify of certain changes, the annual reporting process does not require renotification. IN SQGs in Indiana must submit an Annual Manifest report.  As part of that report they must file an identification form with updates to their notification information. MI The annual user charge assessed to generators is based on their most recent notification of status.  Therefore, there is financial incentive to provide re-notification when generator status changes or when no longer in business. MT 1.  Part One of our annual generator report is in essence an 8700-12 form (it shows most of the data contained in an 8700-12 form) 2.  At the time of initial notification and also when changes in generator status (LQG/SGQ/CESQG to a different status) are received, a notification letter is sent to the generator (this letter contains a statement per our State regulations that any changes to the information contained in the application need to be communicated to this office) ND SQG generators are required to submit Biennial Reports which are used to update the facilities generator status. NH SQGs attend required training annually.  At the training, a pre-populated RCRA C form is given and required to be updated and returned. NY EPA Region 2 processes notifications for New York State (NYS) OH Our rules are the same as federal and can't be more stringent OR Annual Reporting SC SC requires SQGs to submit an Annual Declaration by Jan 31[st] of each year updating Notification (Handler) data and certifying that the company will remain a SQG for the year. VA Part of Annual Fee VT We assess an annual SQG and LQG registration fee and on the form generators are asked to confirm their status.

   2. Does your state have other types of processes in place, such as use of manifest systems, or coordination with other agencies within your state, that enables your state to update the regulatory status of SQGs? If yes, please explain in the Comments section.       No:  12 (AR, CO, ID, IL, ND, UT, MT, NJ, SC, SD, WV, WY)       Yes:  13 (CT, DC, DE, IN, MD, MI, NY, OH, OR, PR, RI, VA, VT)              Comments        AR Arkansas no longer collects copies of HW manifests (other than discrepancies) on any regular basis. CT We review (ad hoc) manifests to identify companies that may be operating "out of class", and schedule them for inspection. If warranted, they are told to notify or re-notify. DC DC collects manifests, and records the information in a tracking database.  This collected information allows us to maintain a very accurate generator status for all generators in the District. DE We do periodic inspections of SQG's, and review the hazardous waste manifest reports. IN SQGs in Indiana must submit an Annual Manifest report.  As part of that report they must file an identification form with updates to their notification information. NJ That is to say nothing formal.  It just occurs during the inspection process. OH Inspectors complete a Verification form modeled on the Site ID form for each generator inspection they do.  We enter that as an "I" source record to RCRAInfo to update the handler information.  This is the only way a lot of SQGs get updated because of not having a re-notification requirement. MD Review of Manifests for the Biennial H/W Reporting Process MI The state collects manifest information and occasionally may adjust the generator status of a site. ND SQGs are not required to submit manifests to the Department. NY NYS obtains SQG information through the use of manifests.  DEC maintains a database of manifest information and information obtained through NYS's requirement of the annual reporting of hazardous waste generation. PR During the pre-inspection review, we use the manifest information to verify status of the facilities and identify potential violations. RI Rhode Island has a regulation that requires SQGs to complete a Hazardous Waste Generator Report when requested by RIDEM.  The last reporting cycle was 2007. VA Part of Annual Fee VT We have a manifest database but any changes to generator status must be documented with  either Site ID forms or on the generator fee form mentioned in 1 above.                  3. Does your state have regulatory requirements that require either large quantity generators (LQGs) or SQGs to re-notify when certain events occur, such as when they close, change regulated activity, move to a new location, etc.?

      No:  13 (AR, ID, IN, MI, NJ, ND, NY, OH, PR, RI, SD, UT, WY)       Yes:  13 (CO, CT, DC, DE, IL, MD, MT, NH, OR, SC, VA, VT, WV)              Comments        AR No formal or regulatory requirement, but facilities frequently do this on their own volition, often to avoid the perceived "stigma" of a higher generation status. DC DC does have regulatory requirements that require ALL (CESQG, SQG, LQG) generators to re-notify any change in status. ID Would like to see this be a part of the federal regs though so we could adopt by reference. IL They are required to notify for a move to a new location. They aren't required to re-notify for the old location. IN No regulatory requirement; however LQG's must file an Annual Manifest report for even numbered years with the ID form to update their notification info. MD New notification is required when the generator moves to a new location MI The user charge system (invoiced annually) provides the incentive for notification when changes occur. MT See comments for Question 1. ND No formal or regulatory requirement, but the Department strongly encourages generators to renotify with any changes to contacts and closure/move to a new location. NH Any change in status requires any size generator to notify us within 30 days.  Some changes are permitted by other means than the RCRA C form. NY EPA Region 2 processes notifications for NYS OH We request, but can't require.  Based on the definition of generator referencing owner, we believe there is authority to require it when ownership changes, but that has never received much attention nor it is widely practiced. OR At the end of the year on the annual report. PR If any change was identified during the pre-inspection review, or during the inspection, we require the generator to send the pertaining notifications to EPA, but, it is not in our state regulations. RI Rhode Island's HW regulations follow the Federal requirements in 40 CFR 262.12 which require generators to apply for and obtain an EPA Identification Number for each site at which the generator conducts a regulated waste activity.  As such, if the generator were to move to a new location and commence HW generation the company would be required to notify RIDEM/EPA and obtain a new EPA Identification Number.  In addition, if the company itself was to change its official corporate name, thus in essence becoming a new entity, RIDEM would require a subsequent notification so that the site's EPA Identification Number would accurately reflect the name of the current generator.  RIDEM does not have specific language in its regulations stating these requirements, but this is how the regulations would be interpreted/applied in those circumstances.  RIDEM has considered adding a regulation to create standards for Generator Closure but has not yet proposed a rule change to cover this topic.   SC Companies are required by regulation to notify within 30 days of any changes. VA Only when generator status changes to LQG or otherwise VT Our state regulations require a generator to maintain an "up-to-date" Site ID form that accurately describes current waste activity and waste generation.  Our regulations also specify that notification is required upon transfer of ownership.                  4. If the answer to Questions 1, 2 or 3 is YES, do you subsequently update RCRA Info with the information you collected?              No:  2 (PR, WY)       Yes:  20 (AR, CO, CT, DC, DE, IN, MD, MI, MT, ND, NH, NY, OH, OR, RI, SC, UT, VA, VT, WV)       No Response:  IL       Not Applicable Response:  NJ        Response is not clear:  VA              Comments        NH All changes made within the state database are uploaded to RCRAInfo. NY EPA Region 2 processes notifications for NYS, and in the past (2007 was last time) has added I source records with a site's current generator status. OR By submitting monthly Handler data and the Biennial Report. PR The changes are performed by EPA- Region 2 VA Generator status for SQG and LQG including provisionals tracked in RCRAInfo

Biennial Report Questions

   5. Does your state require one-time or short-term LQGs to report the amount of hazardous waste they generate only for the months they are LQGs, or for the entire calendar year?              Entire Year:  20 (AR, CO, CT, DC, DE, IL, IN, MD, MI, MT, NH, NY, OH, OR, PR, RI, SD, UT, VT, WY)       LQG months only:  2 (ID, WV)       No reporting:  ND       Remainder of calendar year:  SC              Comments        AR Information is collected for all generation within the preceding year if a facility is an SQG or higher category at any time during the reporting year. DC DC issues temporary EPA Identification number for site that will generator one-time or short-term, again this applies to ALL generators in the District.  These temporary numbers are good for only 30-days.  All facilities that produce hazardous waste which would make them exceed their current status must report the change in status and maintain that status for the entire calendar year.  (Note:  This was counted as an "entire year" response.) ID Only for the time period during which they are LQG, according to 40 CFR 262.44; 40 CFR 261.5; and the November 19, 1980 and March 24, 1986 preambles. IL We require only for the time they are LQG but request it for the entire year.  (Note:  this was counted as an "entire year" response.) MI If a site is a LQG any time during the year, they are a LQG for the purpose of biennial reporting and would report for the entire year. MT All our generators are required to report all waste generated in the calendar year (per EPA Biennial Report instructions) NY The entire calendar year. One-time or short-term LQGs must report all the waste generated for the entire year per a NYS hazardous waste annual reporting requirement. OH Entire calendar year.  This has always been our practice.  It's one way to make sure they are being truthful when they claim it was only one month.  The forms don't have a way to indicate that the data is for a less than 12 month period.  The instructions say they have to report everything generated/accumulated or shipped.  When we present the BR data to others, EPA says "this is what the sites generated during the calendar year".  That would not be accurate if certain sites only reported part of the year.  The rule exempting non-LQGs from filing doesn't say they only report for the LQG month, it just says they are exempt from 262.41.  Therefore, if they are subject to 262.41 then they must report all waste shipped in the calendar year. PR The PR requirement is that a one-time LQG to report everything they generated and/or shipped during the year SC SC requires reporting for the remainder of the calendar year starting with the quarter they become an LQG.                  6. Does your state collect information associated with ground water monitoring using the BR regulatory authority found in 40 CFR 264.75 for RCRA permitted treatment, storage and disposal facilities (TSDFs)?              No:  19 (CT, DC, DE, ID, IN, MD, MI, MT, ND, OR, PR, RI, SC, SD, UT, VA, VT, WV, WY)        Yes:  6 (AR, CO, IL, NJ, NY, OH)       Not Applicable (no TSDFs):  NH              Comments        AR Permitted RCRA facilities are required to submit (separately from the Annual HW Report) a summary of their groundwater monitoring results for the preceding year. CO Same as federal requirements. P60 of 2011 HW Report Instructions and Forms.   ID Should since it's in the regs, but don't because it's not currently on the BR forms and we're not authorized to be more stringent. IL It is in the report but the data is forwarded to our Permit Section, not kept as part of BR. MI The BR authority is not used to collect groundwater monitoring data.  MI continuously reviews GW monitoring data (as well as other required environmental data submittals  -   e.g. detection systems, soils, run off, leachate, etc.) from permitted TSDs using other authority.  Submittal with BR would be too much of a delay. ND However permitted facilities that have groundwater monitoring programs in place are required to submit annual progress reports on their groundwater monitoring programs as per permit requirements. NY 6 NYCRR Subpart 373-2.5(e)(6)  [Reviewer's Note:  NY corrected the question's rule reference, to 265.75(f) and not 264.75] OH See forms and instructions at bottom of http://epa.ohio.gov/Default.aspx?tabid=4101  Information is reviewed by a hydrogeologist. OR Information is collected under permit conditions RI This information is gathered through permitting authority. SD The state does not currently have any TSDFs undergoing GW monitoring. VA No additional data collected beyond Biennial Reporting forms. GW data collected as required by the HW program VT GW monitoring info is collected as required by their TSDF permits                  7. Does your state collect information associated with closure cost estimates or post-closure cost estimates using the BR regulatory authority found at either 40 CFR 264.75 or 40 CFR 265.75 for RCRA permitted or interim status treatment, storage and disposal facilities (TSDFs), respectively?              No:  20 (CO, CT, DC, DE, ID, MD, MI, MT, ND, OH, OR, PR, RI, SC, SD, UT, VA, VT, WV, WY)       Yes:  5 (AR, IL, IN, NJ, NY)       Not Applicable (no TSDFs):  NH              Comments        AR Permitted facilities as well as facilities under compliance orders which require the establishment of RCRA financial assurance for closure, post-closure, or corrective actions must perform and annual closure/PC/CA cost estimate for approval by ADEQ, and update their financial assurance instruments accordingly. CO Not that useful as it does not require a revised cost estimate to be done, just resubmit what they have. DE We only have one TSDR, and we use the authority of the Delaware Regulations Governing Hazardous Waste to require them to provide and update their closure cost estimate. ID Should since it's in the regs, but don't because it's not currently on the BR forms and we're not authorized to be more stringent. IL Yes to both, the data is forwarded to our Financial Assurance Unit for their use in their reviews. MI The BR authority is not used to collect cost estimate information. These are reviewed on the annual anniversary date of the FAM or during a more frequent requested adjustment using other authority. ND The financial assurance information is collected and submitted under the financial assurance regulations. NY Using the State's equivalent regulatory citations, the annual report provision (6 NYCRR 373-2.5) has been used to get an updated cost estimate.  6 NYCRR 373-2.8 has been the basis for the annual inflation adjustment for closure, post closure and corrective action.  OH We did on the old forms (prior to 1995).  I have worked with annual HW report data since the 1989 cycle and I've only been asked once or twice by our staff about this estimate. OR Information is collected under permit conditions RI This information is gathered through permitting authority. VA No additional data collected as part of BR beyond federal requirement.  FA data collected as required by the HW program. VT We do not require a closure cost estimate as part of the biennial report. Closure cost estimates and updated (as appropriate) closure cost estimates are required as part of their TSDF permits.                  8. Independent of questions 6 and 7, does your state collect any additional information over and above the federal Biennial Reporting forms? If YES, please identify what those data elements are in the Notes section below.

      States answering Yes and their comments:  AR, CO, DC, IL, IN, MT, NY, OH, RI, SC              Comments        AR Total (summary) amount of all HW waste generated during the preceding year; Total amount of waste shipped off-site during the year; Amount of waste(s) treated on-site during the year; Management Method Code for wastes treated on-site during the year; and Total wastes received from off-site sources during the year.  (Reviewer's note:  not sure the question was understood.  Totals can be derived from any report once the details are entered.) IL Yes, on-site storage over 90 days is required.  Transporter information is required.  Imports/exports out of country are requested, but no longer in regulations; since few companies import/export directly, much of this information is available but hidden because the business uses the US EPA number associated with the importer/exporter. CO Waste minimization information is required under Section 262.41 of the Colorado Hazardous Waste Regulations.  The Colorado Waste Minimization Form is required for each waste stream that had any waste minimization activity in 2011.

Colorado has revised the OI Forms and instructions to report TSDR facilities only.

Section 1C of the GM Form and Waste 1C, 2C, & 3C of the WR Form refer to State Hazardous Waste Codes.  Colorado has 5 State Hazardous Waste Codes that all refer to military munitions that will not apply to most Facilities.

Exempt Managed and Regulated Waste:  In 1997 the Hazardous Waste (HW) Report Instructions were changed to report exempt managed wastes by not identifying the type of on-site management the waste received prior to discharge or disposal.  This change eliminated the State's ability to track wastewater managed in RCRA regulated units.  In addition to not clearly defining the on-site management of wastewater, the waste generation amounts for all wastewaters was excluded in the national report generation summaries.  Colorado instructions replace EPA's GM Form instructions for Wastes Not To Be Reported page 35 and Management Method Code description of H135 on page 72.U

Wastes treated prior to discharge or disposal should be reported separately if the hazardous waste is managed in units:      Subject to RCRA permitting requirements or       Exempt from RCRA permitting requirements as defined below.        1.	Elementary Neutralization as defined in Section 260.10.        2.  Generator Treatment options:		            Land Disposal Treatment under Part 268; or             Permit by Rule Activities under Part 100.21(d);          Short Term Permits such as Emergency Permits under Part 100.22.

DC DC collects data on ALL generators in the District not just LQGs or SQGs.  DC collects data on universal waste generated, and used oil generated, we also collect all of this information on all CESQGs located in the District. IN We do not require anything extra on the biennial report however we do require the Annual Manifest report every year from SQG's and every even year from LQGs.  It does not contain any more info than the BR does.   MT For the biennial report No, however for the non-biennial report years and for the SQGs, Montana collects the initial Transporter(s) name and EPA ID number NY a. NYS requires annual Hazardous Waste Reports, not biennially.

b. If a site is required to file an Annual Hazardous Waste Report, NYSDEC requires that wastes treated in wastewater treatment units or elementary neutralization units be reported.

c. Hazardous waste exported to a foreign country must be included in the Annual Hazardous Waste Report.

d. All facilities who generated 15 tons or greater of hazardous waste or hazardous wastewater during the calendar year must report.  Only universal waste is exempt from this requirement.  No other exemptions or exclusions to annual hazardous waste reporting apply.

e. PCBs are a hazardous waste in New York State and must be reported as any RCRA hazardous waste.

f. An additional Box H on the New York State GM form provides for collecting information related to New York State Regulatory Fees regarding hazardous wastewater and regulatory fee exemptions.  Regulatory fee exemptions can be for exempt remedial or exempt recycling.  These are three check boxes.

Requiring re-notification by the state will increase processing costs, especially for large states.  This will place an additional burden on limited state/agency resources.  OH There are a few things we collect on the state Site ID form that are not on the federal form but can still be tracked in RCRAInfo.

We collect end-of-year storage data from TSDs with permitted storage areas (handling method code, quantity, unit of measure).  This is a carry-over from the old Facility Report form.  A mass balance check is done to compare same-waste-stream GM forms from one year to the next.  Generally waste in storage in year A should be reflected as shipment in year B.  DOE facilities in Ohio keep radioactive-mixed waste on-site for consecutive years; without the storage section we wouldn't have a complete picture of waste management at the facility.

We collect the OI form.  A list of transporters used is required by the rule and this is how we get the data.  Occasionally it has been used to determine which generators used a specific company.  Recently we have begun comparing it to the Public Utility Commission of Ohio's registered transporters list, and finding some problems here and there.  We also use the OI generator name and address information to QA EPA ID numbers reported for customers.

We still collect a Process System form (very streamlined) from the commercial TSD facilities even though US EPA dropped it.  It helps us with our QA.  We compare the amount processed to the waste receipts and in the case of fuel blending, to the amount shipped off-site for energy recovery.

Forms and instructions can be found at the web link above.  More details can be provided upon request. OR Additional  information asked on Oregon's GM Form:

A-7. If there were toxic substances in this waste stream that your facility reported on the most recent Toxic Chemical Release Inventory (TRI) Reporting Form (Form R), please provide the CAS numbers reported:

A-8. Did this waste stream contain mercury?

A-8.a. If you answered yes to question A-8, please provide a reasonable estimate of the percentage of mercury in this waste stream:

B-6. Please provide the following information for each off-site shipment of waste:

      Shipment_DT 	Manifest_NR  	Transporter_ID_NR

Additional  information asked on Oregon's Site Identification Form:  To Withdraw Site Identification Number    Completion of RCRA waste activity    Change in business ownership (represent the old owner)                                                                                Effective Date: ______________

State of Oregon Business Registry Number

Employee Count

5.  Transporter of Hazardous Waste    a. Transports hazardous waste generated at this facility    b. Transports for commercial purposes      c.  Hazardous waste transfer facility

7.  Recycler of Hazardous Waste  a. Recycles HW generated at this facility  b. Recycles HW generated by other facilities

8.  Hazardous waste management in RCRA permit exempt units (e.g., elementary neutralization units, waste water treatment units, or accumulation tanks or containers)  a. Manages HW generated at this facility  b. Manages HW generated by other facilities

 2. Off-site Universal Waste Collection Site (Accumulates a total of 2,000 lbs. or more of universal waste received from off-site).  If yes, there are additional notification requirements at: www.deq.state.or.us/wmc/documents/uwnotification.pdf

 3. Pesticide Collection Program (Collects and accumulates waste pesticides from off-site).  If yes, there are additional notification requirements at: www.deq.state.or.us/wmc/documents/uwnotification.pdf

 1. Used Oil Collection Center

RI We collect information on state only hazardous waste. SC SC also has reporting requirements for Waste Minimization data.  This data is collected by Jan 31[st] for the previous calendar year.                     States answering No that provided comments:        CT We don't even use BR for anything but a check-off of a regulatory requirement for LQGs. ID We do not because we are not authorized to be more stringent. MI Not only do we not collect additional information over and above the federal information, some of the information required to be collected on the federal forms appears to be of limited value.


[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53807-53809]
[FR Doc No: 2018-23147]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1034; Airspace Docket No. 17-ANM-23]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Aurora, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class D airspace, Class E surface
area airspace, and Class E airspace extending upward from 700 feet
above the surface, at Aurora State Airport, Aurora, OR. Additionally,
an editorial change removes the city associated with the airport name
in the airspace designations, and replaces the outdated term Airport/
Facility Directory with Chart Supplement in Class D airspace. These
changes are necessary to accommodate airspace redesign for the safety
and management of instrument flight rules (IFR) operations within the
National Airspace System.

DATES: Effective 0901 UTC, January 3, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Farnsworth, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198-6547; 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 modifies Class D airspace, Class E surface area airspace, and
Class E airspace extending upward from 700 feet above the surface, at
Aurora State Airport, Aurora, OR, to support IFR operations at this
airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 7428; February 21, 2018) for Docket No. FAA-2017-1034
to modify Class D airspace, Class E surface area airspace, and Class E
airspace extending upward from 700 feet above the surface, at Aurora
State Airport, Aurora, OR. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. Twenty-six comments were received, all in
support of the changes.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class D airspace, Class E surface area airspace, and
Class E airspace extending upward from 700 feet above the surface at
Aurora State Airport, Aurora, OR.
    Class D airspace is modified to a 4-mile radius of the airport, and
within 1.8 miles each side of the 007[deg] bearing from the airport
extending from the 4-mile radius to 5.1 miles north of the airport
(from a 4.2-mile radius of the airport from the 64[deg] bearing from
the airport clockwise to the 142[deg] bearing, extending to a 5-mile
radius from the 142[deg] bearing clockwise to the 64[deg] bearing from
the airport). Two excluded area cutouts for Lenhardt Airpark and McGee
Airport, respectively, (both nearby satellite general aviation
airports) are modified by excluding that airspace below 1,500 feet MSL
within the area bounded by lat. 45[deg]11'51'' N, long. 122[deg]45'45''
W; to lat. 45[deg]12'50'' N, long. 122[deg]44'34'' W; to the point
where the 142[deg] bearing from the airport intersects the 4-mile
radius of the airport, thence clockwise along the airport 4-mile radius
to the 174[deg] bearing from the airport, thence to the point of
beginning; and excluding that airspace below 1,500 feet MSL within the
area bounded by lat. 45[deg]15'37'' N, long. 122[deg]51'14'' W; to the
point where the 235[deg] bearing from the airport intersects the 4-mile
radius of the airport, thence clockwise along the airport 4-mile radius
to the airport 281[deg] bearing, thence to the point of beginning (from
excluding that airspace below 1,200 feet beyond 3.3 miles from the
airport from the 142[deg] bearing clockwise to the 174[deg]

bearing, and that airspace below 1,200 feet beyond 3.3 miles from the
airport from the 250[deg] bearing clockwise to the 266[deg] bearing
from the airport). The modification of the excluded areas within the
Class D provides additional airspace for visual flight rules operations
at the satellite airports while maintaining the required airspace to
support IFR operations at Aurora State Airport. Also, an editorial
change is made to the legal description replacing Airport/Facility
Directory with Chart Supplement.
    Class E surface area airspace is modified to be coincident with the
dimensions of the Class D airspace except no exclusion is provided in
the vicinity of Lenhardt Airpark (``excluding that airspace below 1,500
feet MSL within the area bounded by lat. 45[deg]11'51'' N, long.
122[deg]45'45'' W; to lat. 45[deg]12'50'' N, long. 122[deg]44'34'' W;
to the point where the 142[deg] bearing from the airport intersects the
4-mile radius of the airport, thence clockwise along the airport 4-mile
radius to the 174[deg] bearing from the airport, thence to the point of
beginning''). Class E surface area airspace is required within this
Class D cutout to ensure Class E weather requirements exist from the
surface and protect IFR arrival operations to Aurora State Airport.
    Class E airspace extending upward from 700 feet is modified to
within a 6.5-mile radius (from a 7-mile radius) from the airport
043[deg] bearing clockwise to the airport 350[deg] bearing and within a
9-mile radius (from a 6.5-mile radius) from the airport 350[deg]
bearing clockwise to the airport 043[deg] bearing, and within 1.6 miles
each side of a 007[deg] bearing from the airport extending from the 9-
mile radius of the airport to 20.6 miles north of the airport (from
within 1.6 miles either side of the 007[deg] bearing from airport
extending from the 7-mile radius to 20 miles northeast of the airport),
and within 1.8 miles each side of a line extending from lat.
45[deg]21'12'' N, long. 122[deg]58'41'' W, to lat. 45[deg]19'20'' N,
long. 122[deg]49'07'' W (from within 1.2 miles either side of the
306[deg] bearing from airport extending from the 7-mile radius to 10.9
miles northwest of the airport).
    The airport designations for the Class D and E airspace areas are
amended by removing the name of the city associated with the airport to
be in compliance with a change to FAA Order 7400.2L, Procedures for
Handling Airspace Matters.

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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects 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 preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM OR D Aurora, OR [Amended]

Aurora State Airport, OR
    (Lat. 45[deg]14'50'' N, long. 122[deg]46'12'' W)

    That airspace extending upward from the surface to and including
2,700 feet MSL within a 4-mile radius of Aurora State Airport and
within 1.8 miles each side of the 007[deg] bearing from the airport
extending from the 4-mile radius to 5.1 miles north of the airport,
excluding that airspace below 1,500 feet MSL within the area bounded
by lat. 45[deg]11'51'' N, long. 122[deg]45'45'' W; to lat.
45[deg]12'50'' N, long. 122[deg]44'34'' W; to the point where the
142[deg] bearing from the airport intersects the 4-mile radius of
the airport, thence clockwise along the airport 4-mile radius to the
174[deg] bearing from the airport, thence to the point of beginning,
and excluding that airspace below 1,500 feet MSL within the area
bounded by lat. 45[deg]15'37'' N, long. 122[deg]51'14'' W; to the
point where the 235[deg] bearing from the airport intersects the 4-
mile radius of the airport, thence clockwise along the airport 4-
mile radius to the airport 281[deg] bearing, thence 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
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Aurora, OR [Amended]

Aurora State Airport, OR
    (Lat. 45[deg]14'50'' N, long. 122[deg]46'12'' W)

    That airspace extending upward from the surface within a 4-mile
radius of Aurora State Airport and within 1.8 miles each side of the
007[deg] bearing from the airport extending from the 4-mile radius
to 5.1 miles north of the airport, excluding that airspace below
1,500 feet MSL within the area bounded by lat. 45[deg]15'37'' N,
long. 122[deg]51'14'' W; to the point where the 235[deg] bearing
from the airport intersects the 4-mile radius of the airport, thence
clockwise along the airport 4-mile radius to the airport 281[deg]
bearing, thence to the point of beginning.

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

* * * * *

ANM OR E5 Aurora, OR [Amended]

Aurora State Airport, OR
    (Lat. 45[deg]14'50'' N, long. 122[deg]46'12'' W)

    That airspace extending upward from 700 feet above the surface
within a 9-mile radius of the Aurora State Airport from a 350[deg]
bearing from the airport clockwise to a 043[deg] bearing from the
airport, and within a 6.5-mile radius of the airport from the
airport 043[deg] bearing clockwise to the airport 350[deg] bearing,
and within 1.6 miles each side of a 007[deg] bearing from the
airport extending from the 9-mile radius of the airport to 20.6
miles north of the airport, and within 1.8 miles each side of a line
extending from lat. 45[deg]21'12'' N, long. 122[deg]58'41'' W; to
lat. 45[deg]19'20'' N, long. 122[deg]49'07'' W.

    Issued in Seattle, Washington, on October 11, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-23147 Filed 10-24-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]
[Page 48107]
[DOCID:fr21se09-82]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-9064; 34-60672; File No. 265-25-02]

Investor Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting of SEC Investor Advisory Committee.

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

SUMMARY: The Securities and Exchange Commission Investor Advisory
Committee is providing notice that it will hold a public meeting on
Monday, October 5, 2009, in the Multipurpose Room, L-006, at the
Commission's main offices, 100 F Street, NE., Washington, DC. The
meeting will begin at 9 a.m. (EST) and will be open to the public,
except for a period of approximately two hours when the Committee will
adjourn and subcommittees will meet. The Committee meeting will be
webcast on the Commission's Web site at http://www.sec.gov. Persons
needing special accommodations to take part because of a disability
should notify a contact person listed below. The public is invited to
submit written statements to the Committee.
    The agenda for the meeting includes: (i) A presentation by SEC
staff of potential Commission initiatives; (ii) description of the
composition and purpose of the Committee's subcommittees; (iii)
consideration of a Committee recusal policy; (iv) reports from the
Committee's subcommittees; and (v) discussion of next steps for the
Committee, including regarding SEC resources.

DATES: Written statements should be received on or before September 28,
2009.

ADDRESSES: Written statements may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's Internet submission form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail message to<EMAIL_ADDRESS>Please
include File Number 265-25-02 on the subject line.

Paper Comments

     Send paper statements in triplicate to Elizabeth M.
Murphy, Federal Advisory Committee Management Officer, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File No. 265-25-02. This file number
should be included on the subject line if e-mail is used. To help us
process and review your statements more efficiently, please use only
one method. The Commission staff will post all statements on the
Advisory Committee's Web site (http://www.sec.gov/spotlight/
investoradvisorycommittee.htm). Statements also will be available for
public inspection and copying in the Commission's Public Reference
Room, 100 F Street, NE., Washington, DC 20549, on official business
days between the hours of 10 a.m. and 3 p.m. All statements received
will be posted without change; we do not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Kayla J. Gillan, Deputy Chief of
Staff, Office of the Chairman, at<PHONE_NUMBER>, or Owen Donley, Chief
Counsel, Office of Investor Education and Advocacy, at<PHONE_NUMBER>,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-6561.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C. App. 1, Sec.  10(a), Kayla J.
Gillan, Designated Federal Officer of the Committee, has approved
publication of this notice.

    Dated: September 15, 2009.
Elizabeth M. Murphy,
Committee Management Officer.
[FR Doc. E9-22511 Filed 9-18-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41967-41968]
[FR Doc No: 2017-18693]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-P-1459]

Determination That ENJUVIA (Estrogens, Conjugated Synthetic B)
Tablets, 0.625 Milligrams and 1.25 Milligrams, Were Not Withdrawn From
Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that ENJUVIA (estrogens, conjugated synthetic B) tablets,
0.625 milligrams (mg) and 1.25 mg, were not withdrawn from sale for
reasons of safety or effectiveness. This determination will allow FDA
to approve abbreviated new drug applications (ANDAs) for ENJUVIA
(estrogens, conjugated synthetic B) tablets, 0.625 mg and 1.25 mg, if
all other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Bronwen Blass, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6228, Silver Spring, MD 20993-0002, 301-
796-5092.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    ENJUVIA (estrogens, conjugated synthetic B) tablets, 0.625 mg and
1.25 mg, is the subject of NDA 021443, held by Teva Branded
Pharmaceutical Products R&D, Inc. (Teva), and was initially approved on
May 10, 2004. ENJUVIA is indicated for treatment of moderate to severe
vasomotor symptoms due to menopause and treatment of moderate to severe
vaginal dryness and pain with intercourse, as well as symptoms of
vulvar and vaginal atrophy due to menopause.
    In 2016, Teva notified FDA that ENJUVIA (estrogens, conjugated
synthetic B) tablets, 0.625 mg and 1.25 mg, were being discontinued,
and FDA moved those drug products to the ``Discontinued Drug Product
List'' section of the Orange Book.
    Foley & Lardner submitted a citizen petition dated March 8, 2017
(Docket No. FDA-2017-P-1459), under 21 CFR 10.30, requesting that the
Agency determine whether ENJUVIA (estrogens, conjugated synthetic B)
tablets, 0.625 mg and 1.25 mg, were withdrawn from sale for reasons of
safety or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that ENJUVIA (estrogens, conjugated synthetic B)
tablets, 0.625 mg and 1.25 mg, were not withdrawn for reasons of safety
or effectiveness. The petitioner has identified no data or other
information suggesting that these products were withdrawn for reasons
of safety or effectiveness. We have carefully reviewed our files for
records concerning the withdrawal of ENJUVIA (estrogens, conjugated
synthetic B) tablets, 0.625 mg and 1.25 mg, from sale. We have also
independently evaluated relevant literature and data for possible
postmarketing adverse events. We have found no information that would
indicate that these drug products were withdrawn from sale for reasons
of safety or effectiveness.
    Accordingly, the Agency will continue to list ENJUVIA (estrogens,
conjugated synthetic B) tablets, 0.625 mg and 1.25 mg, in the
``Discontinued Drug Product List'' section of the Orange Book. The
``Discontinued Drug Product List'' delineates, among other items, drug
products that have been discontinued from marketing for reasons other
than safety or effectiveness. ANDAs that refer to ENJUVIA (estrogens,
conjugated synthetic B) tablets, 0.625 mg and 1.25 mg, may be approved
by the Agency as long as they meet all other legal and regulatory
requirements for the approval of ANDAs. If FDA determines that labeling
for this drug product should be revised to meet current standards, the
Agency will advise ANDA applicants to submit such labeling.

    Dated: August 28, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-18693 Filed 9-1-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Proposed Rules]
[Page 24914]
[FR Doc No: 2017-10925]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0020]; FRL-9963-14-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
state of Montana on September 8, 2016. The revisions are to the
Administrative Rules of Montana (ARM) and include updates to the
citations and references to federal and state laws and regulations,
updated links to sources of information, and provides clarity on how
copies of federal regulations may be obtained. In the ``Rules and
Regulations'' section of this Federal Register, we are approving these
SIP revisions as a direct final rule without prior proposed rule. If we
receive no adverse comment, we will not take further action on this
proposed rule. This action is being taken in accordance with section
110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0020 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system).
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Air Program, Environmental Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays. For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is approving the State's SIP revisions
as a direct final rule without prior proposal because the Agency views
these as noncontroversial SIP revisions and anticipates no adverse
comments. In this proposed rule, the EPA is proposing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the date of the version of the federal regulations regarding
air quality rules into the ARM. A detailed rationale for the approval
is set forth in the preamble to the direct final rule.
    If the EPA receives no adverse comments, the EPA will not take
further action on this proposed rule. If the EPA receives adverse
comments, we will withdraw the direct final rule and it will not take
effect. The EPA will address all public comments in a subsequent final
rule based on this proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information, please see the
ADDRESSES section of this notice. Please note that if the EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, the
EPA may adopt as final those provisions of the rule that are not the
subject of an adverse comment. See the information provided in the
Direct Final action of the same title which is located in the Rules and
Regulations Section of this Federal Register.

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

    Dated: May 12, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-10925 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19575-19576]
[FR Doc No: 2020-07282]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0122; FMCSA-
2013-0123]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 12
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on January 14, 2020. The
exemptions expire on January 14, 2022.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2012-0154, FMCSA-2012-0332, FMCSA-2013-
0122, or FMCSA-2013-0123, 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 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.

B. 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.transportation.gov/privacy.

II. Background

    On January 27, 2020, FMCSA published a notice announcing its
decision to renew exemptions for 12 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (85 FR 4758). The
public comment period ended on February 26, 2020, and one comment was
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received one comment in this proceeding that was in support
of the hearing exemptions.

IV. Conclusion

    Based upon its evaluation of the 12 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41(b)(11).

    As of January 14, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (85 FR 4758):

Geoffrey Canoyer (MN)
Chase Cook (VA)
Jerry Ferguson (TX)
Douglas Gray (OR)
Sue Gregory (UT)
Buford Hudson (KY)
William Larson (NC)
Raymond Norris (TX)
Jonathan Pitts (MD)
James Queen (FL)
James Schubin (CA)
Morris Townsend (NC)

    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2012-0332, FMCSA-2013-0122, or FMCSA-2013-0123. Their exemptions are
applicable as of January 14, 2020, and will expire on January 14, 2022.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07282 Filed 4-6-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60229-60230]
[FR Doc No: 2021-23706]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant

to the merits of a contested proceeding, to deliver to the Secretary of
the Commission, a copy of the communication, if written, or a summary
of the substance of any oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website 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, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    1. P-1494-438.................      10-18-2021  FERC Staff.\1\
    2. P-1494-438.................      10-19-2021  FERC Staff.\2\
    3. P-1494-438.................      10-20-2021  FERC Staff.\3\
Exempt:
    1. EL21-6-000, EL21-94-000....      10-18-2021  Massachusetts Office
                                                     of the Attorney
                                                     General.\4\
    2. CP17-40-000................      10-21-2021  U.S. Senator Roy
                                                     Blunt.
------------------------------------------------------------------------
\1\ Emailed comments dated 10/17/2021 from Richard Spotts.
\2\ Emailed comments dated 10/18/2021 from Ashlyn Roten.
\3\ Emailed comments dated 10/19/2021 from Regina Milione.
\4\ Rebecca Tepper, Chief and Christina H. Belew Assistant Attorney
  General.

    Dated: October 26, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-23706 Filed 10-29-21; 8:45 am]
BILLING CODE 6717-01-P