[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72652-72658]
[FR Doc No: 2016-25378]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0222]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 43 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0222 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of

the West Building, 1200 New Jersey Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Federal Docket Management System (FDMS) is available 24 hours each day,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    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: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 43 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

II. Qualifications of Applicants

Christopher Albano

    Mr. Albano, 56, has had ITDM since 1981. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Albano understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Albano meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Pennsylvania.

Gregory A. Behm

    Mr. Behm, 68, has had ITDM since 2016. His endocrinologist examined
him in 2016 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Behm understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Behm meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2016 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Nebraska.

Helena R. Berry

    Ms. Berry, 48, has had ITDM since 2016. Her endocrinologist
examined her in 2016 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Berry understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Berry meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2016 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Georgia.

Kenneth W. Blizzard

    Mr. Blizzard, 50, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Blizzard understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blizzard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.

Larry A. Brabson, Jr.

    Mr. Brabson, 31, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brabson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brabson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Ohio.

Jeffrey Campbell

    Mr. Campbell, 41, has had ITDM since 1988. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Campbell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Campbell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.

Gregory A. Carroll

    Mr. Carroll, 51, has had ITDM since 2016. His endocrinologist
examined him

in 2016 and certified that he has had no severe hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 12 months and no recurrent (2 or more)
severe hypoglycemic episodes in the last 5 years. His endocrinologist
certifies that Mr. Carroll understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Carroll meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2016 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Maryland.

Kent H. Carter

    Mr. Carter, 53, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Carter understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a chauffer's license from Indiana.

Archie Chischilly

    Mr. Chischilly, 70, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Chischilly understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Chischilly meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Arizona.

Loren Curtis

    Mr. Curtis, 60, has had ITDM since 2012. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Curtis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Curtis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Missouri.

Scott E. Ennis

    Mr. Ennis, 57, has had ITDM since 2014. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ennis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ennis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds an operator's license from New
York.

Jackson E. Graham, Jr.

    Mr. Graham, 51, has had ITDM since 1996. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Graham understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Graham meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
proliferative diabetic retinopathy. He holds an operator's license from
New Jersey.

Patrick E. Gratts

    Mr. Gratts, 49, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gratts understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gratts meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Alex J. Gravunder

    Mr. Gravunder, 50, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gravunder understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gravunder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Dion A. Harris

    Mr. Harris, 40, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harris understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV

safely. Mr. Harris meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from Oklahoma.

Henry C. Hinton III

    Mr. Hinton, 60, has had ITDM since 2011. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hinton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hinton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Indiana.

Harry L. Hiser III

    Mr. Hiser, 50, has had ITDM since 2014. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hiser understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hiser meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds an operator's license from West
Virginia.

George E. Huften

    Mr. Huften, 57, has had ITDM since 2014. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Huften understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Huften meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Patrick L. Jackson

    Mr. Jackson, 50, has had ITDM since 2010. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jackson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jackson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Georgia.

Antonio J. Katzdorn

    Mr. Katzdorn, 55, has had ITDM since 2013. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Katzdorn understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Katzdorn meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.

Terry J. Koontz

    Mr. Koontz, 69, has had ITDM since 2012. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Koontz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Koontz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Illinois.

Richard H. LaDue

    Mr. LaDue, 64, has had ITDM since 2009. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. LaDue understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. LaDue meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New York.

William D. Lusk

    Mr. Lusk, 60, has had ITDM since 2016. His endocrinologist examined
him in 2016 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Lusk understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Lusk meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2016 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from North Carolina.

Clavenda L. Mason

    Ms. Mason, 62, has had ITDM since 2015. Her endocrinologist
examined her in 2016 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without

warning in the past 12 months and no recurrent (2 or more) severe
hypoglycemic episodes in the last 5 years. Her endocrinologist
certifies that Ms. Mason understands diabetes management and monitoring
has stable control of her diabetes using insulin, and is able to drive
a CMV safely. Ms. Mason meets the requirements of the vision standard
at 49 CFR 391.41(b)(10). Her optometrist examined her in 2016 and
certified that she does not have diabetic retinopathy. She holds a
Class B CDL from Maryland.

Kenneth E. McCain

    Mr. McCain, 52, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McCain understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McCain meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Illinois.

Glenn J. Michalek

    Mr. Michalek, 61, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Michalek understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Michalek meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Illinois.

Christopher M. Minor

    Mr. Minor, 38, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Minor understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Minor meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

William J. Navickas

    Mr. Navickas, 58 has had ITDM since 2008. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Navickas understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Navickas meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Troi A. Palmer

    Mr. Palmer, 43, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Palmer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Palmer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Maryland.

Corey M. Planck

    Mr. Planck, 40, has had ITDM since 1990. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Planck understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Planck meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Missouri.

Ronald J. Pomella, Jr.

    Mr. Pomella, 54, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pomella understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pomella meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Florida.

Ivan A. Pruss

    Mr. Pruss, 32, has had ITDM since 2003. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pruss understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pruss meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from New Jersey.

John M. Rawlinson

    Mr. Rawlinson, 56, has had ITDM since 2010. His endocrinologist

examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Rawlinson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rawlinson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.

Darryl L. Reasby

    Mr. Reasby, 56, has had ITDM since 2015. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Reasby understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reasby meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Wisconsin.

Michael A. Roosa

    Mr. Roosa, 51, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Roosa understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Roosa meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Massachusetts.

Gary W. Seal

    Mr. Seal, 66, has had ITDM since 2014. His endocrinologist examined
him in 2016 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Seal understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Seal meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2016 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Tennessee.

Garey W. Smith

    Mr. Smith, 71, has had ITDM since 2013. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Tennessee.

John E. Steltz

    Mr. Steltz, 51, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Steltz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Steltz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

James E. Vaughan, Jr.

    Mr. Vaughan, 53, has had ITDM since 1999. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Vaughan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vaughan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Tennessee.

Robert W. Wagner II

    Mr. Wagner, 55, has had ITDM since 2010. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wagner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wagner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Ohio.

Todd A. Waller

    Mr. Waller, 51, has had ITDM since 2016. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Waller understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Waller meets the
requirements of the vision standard at

49 CFR 391.41(b)(10). His optometrist examined him in 2016 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Missouri.

Kevin A. Warren

    Mr. Warren, 58, has had ITDM since 2014. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Warren understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Warren meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2016 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Ohio.

Kevin L. Wendt

    Mr. Wendt, 56, has had ITDM since 2005. His endocrinologist
examined him in 2016 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wendt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wendt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wyoming.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

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

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2016-0222 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2016-0222 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25378 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2007-0176; FRL-     ]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Greene County 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Maintenance Plan
and 2002 Base-Year Inventory

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania.  The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Greene County ozone nonattainment area (Greene County Area) be
redesignated as attainment for the 1997 8-hour ozone national ambient
air quality standard (NAAQS).  EPA is approving the ozone redesignation
request for the Greene County Area.  In conjunction with its
redesignation request, PADEP submitted a SIP revision consisting of a
maintenance plan for the Greene County Area that provides for continued
attainment of the 1997 8-hour ozone NAAQS for at least 10 years after
redesignation.  EPA is approving the 8-hour maintenance plan.  PADEP
also submitted a 2002 base year inventory for the Greene County Area,
which EPA is approving.  In addition, EPA is approving the adequacy
determination for the motor vehicle emission budgets (MVEBs) that are
identified in the Greene County Area maintenance plan for purposes of
transportation conformity, and is approving those MVEBs.  EPA is
approving the redesignation request, the maintenance plan, and the 2002
base year emissions inventory as revisions to the Pennsylvania SIP in
accordance with the requirements of the Clean Air Act (CAA or the Act).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0176.  All documents in the docket are listed
in the www.regulations.gov website.  Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Pennsylvania Department of Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:  Melissa Linden,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I.  Background

On July 16, 2008 (73 FR 40813), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania.  The NPR proposed
approval of Pennsylvania’s redesignation request and maintenance plan
SIP revisions for the Greene County Area that provide for continued
attainment of the 1997 8-hour ozone NAAQS for at least 10 years after
redesignation. The NPR also proposed approval of a 2002 base year
emissions inventory for the Greene County Area.  The formal SIP
revisions were submitted by PADEP on January 25, 2007, with one
significant change submitted on May 23, 2008 explaining a new
methodology used to project future emissions of nitrogen oxides (NOx)
from electric generating units (EGUs).  Other specific requirements of
Pennsylvania’s redesignation request and maintenance plan SIP
revisions, and the rationale for EPA’s proposed actions, are explained
in the NPR and will not be restated here. No public comments were
received on the NPR.

The holdings in two lawsuits potentially impact this redesignation
action.  As we explain below, we believe neither lawsuit precludes the
redesignation of the Greene County Area.

On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated EPA’s Phase 1 Implementation
Rule for the 1997 8-Hour Ozone Standard.  (69 FR 23591, April 30, 2004).
 South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.Cir.
2006).  On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for rehearing,
the D.C. Circuit clarified that the Phase 1 Rule was vacated only with
regard to those parts of the rule that had been successfully challenged.
 Therefore, the Phase 1 Rule provisions related to classifications for
areas currently classified under subpart 2 of Title I, part D of the Act
as 8-hour nonattainment areas, the 8-hour attainment dates, and the
timing for emissions reductions needed for attainment of the 8-hour
ozone NAAQS remain effective.  The June 8, 2007 decision left intact the
Court’s rejection of EPA’s reasons for implementing the 8-hour
standard in certain nonattainment areas under subpart 1 in lieu of
subpart 2.  By limiting the vacatur, the Court let stand EPA’s
revocation of the 1-hour standard and those anti-backsliding provisions
of the Phase 1 Rule that had not been successfully challenged.  The June
8, 2007 decision reaffirmed the December 22, 2006 decision that EPA had
improperly failed to retain measures required for 1-hour nonattainment
areas under the anti-backsliding provisions of the regulations: (1)
nonattainment area New Source Review (NSR) requirements based on an
area’s 1-hour nonattainment classification; (2) Section 185 penalty
fees for the 1-hour severe or extreme nonattainment areas; and (3)
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) of
the CAA, on the contingency of an area not making reasonable further
progress toward attainment of the 1-hour NAAQS, or for failure to attain
NAAQS.  In addition, the June 8, 2007 decision clarified that the
Court’s reference to conformity requirements for anti-backsliding
purposes was limited to requiring the continued use of the 1-hour motor
vehicle emissions budgets until 8-hour budgets were available for 8-hour
conformity determinations, which is already required under EPA’s
conformity regulations.  The Court thus clarified the 1-hour conformity
determinations are not required for anti-backsliding purposes.

For the reasons set forth in the proposal, EPA does not believe that the
Court’s rulings alter any requirements relevant to this redesignation
action so as to preclude redesignation, and do not prevent EPA from
finalizing this redesignation.  EPA believes that the Court’s December
22, 2006 and June 8, 2007 decisions impose no impediment to moving
forward with redesignation of this area to attainment, because even in
the light of the Court’s decisions, redesignation is appropriate under
the relevant redesignation provisions of the CAA and longstanding
policies regarding redesignation requests.

The second lawsuit relates to EPA’s Clean Air Interstate Rule (CAIR).
On July 11, 2008, the D.C. Circuit ruled on various challenges to
EPA’s CAIR, and issued an order vacating CAIR in its entirety.  531
F.3d 896 (D.C. Cir. 2008).  This order did not become final before
December 23, 2008, when the Court granted partial rehearing as to the
remedy set forth in its July 11 decision and issued an opinion remanding
CAIR to EPA without vacating.  During the pendency of the remand, CAIR
will remain in place.  North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir.
2008). The Court stated, however, in its December 23, 2008 opinion that
EPA was still under an obligation to remedy what the Court characterized
as “flaws” with CAIR, though the Court declined to impose a deadline
for EPA to finalize that remedy.

EPA believes that the maintenance plan for Greene County demonstrates
that the NAAQS will be maintained for at least 120 months (ten years),
and through 10 ozone seasons, as required by section 175A(a) of the Act,
42 USC 7505a(a), whether or not CAIR and its specific, associated
emissions reductions from a subset of point sources (electric generating
units), continue in effect.  Ten years of maintenance of the NAAQS is
demonstrated in Table 5 (and its associated explanatory material) of the
NPR, (73 FR at 40821).  As the NPR indicates, emissions from area and
non-road sources in Greene County are projected to have an overall
decline from 2004 through the end of the 2018 ozone season.  Thus, even
if point source projected emissions were to remain steady or even
minimally increase during this same time frame, the 1997 ozone NAAQS
will be maintained in Greene County.  However, point source measures
currently in place, such as the NOx SIP call, allow EPA to conclude that
NOx emissions from point source in Greene County are more likely to
decline than increase or hold steady through the end of the 2018 ozone
season.   Thus, even if EPA could comply with the D.C. Circuit’s CAIR
opinions through a new or revised program that did not achieve the same
(or any) level of the NOx reductions of the current CAIR program in
Greene County, the projected emissions in the maintenance plan indicate
that Greene County will continue to maintain the 1997 8-hour ozone NAAQS
throughout the duration of the 120 month (from the effective date of
this redesignation) and ten ozone season (beginning of ozone season 2009
through end of ozone season 2018) maintenance period.  EPA may therefore
approve the redesignation request.

II.  Final Action

EPA is approving the Commonwealth of Pennsylvania’s redesignation
request, maintenance plan, 2002 base-year inventory, and MVEBs SIP
revisions submitted on January 25, 2007, because they satisfy the
requirements of the CAA.  EPA is also approving the significant change
of a new methodology that projects future emissions of NOx from EGUs,
submitted on May 23, 2008 as a revision to the Pennsylvania SIP.  The
final approval of this redesignation request will change the designation
of the Greene County Area from nonattainment to attainment for the 1997
8-hour ozone standard.

In this final rulemaking, EPA is notifying the public that we have found
that the MVEBs for NOx and volatile organic compounds (VOC) in the
Greene County Area for the 1997 8-hour ozone maintenance plan are
adequate and approved for conformity purposes.  As a result of our
finding, the Greene County Area must use the MVEBs from the submitted
8-hour ozone maintenance plan for future conformity determinations.  The
adequate and approved MVEBs for the Greene County Area are provided in
the following table:

Table 1:  Greene County Motor Vehicle Emissions Budgets in Tons per
Summer Day (tpsd)

Year	VOC	NOx

2009 	1.6	2.6

2018	1.0	1.3

The Greene County Area is subject to the CAA’s requirement for the
basic nonattainment areas until and unless it is redesignated to
attainment.

III.  Statutory and Executive Order Reviews

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Redesignation is an action that
affects the status of a geographical area and does not impose any new
regulatory requirements on sources.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).  This final rule also does not have tribal
implications because it will not have a substantial direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Because this action affects the status of a geographical area, does not
impose any new requirements on sources, or allows the state to avoid
adopting or implementing other requirements, this action also does not
have Federalism implications because it does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999).  This action
merely approves a state rule implementing a Federal requirement, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA.  This rule also is not subject
to Executive Order 13045 (Protection of Children from Environmental
Health Risks and Safety Risks( (62 FR 19885, April 23, 1997), because it
approves a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the CAA.  In this context, in
the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), EPA has no authority to disapprove
a SIP submission for failure to use VCS.  It would thus be inconsistent
with applicable law for EPA, when it reviews a SIP submission, to use
VCS in place of a SIP submission that otherwise satisfies the provisions
of the CAA.  Redesignation is an action that affects the status of a
geographical area and does not impose any new requirements on sources.
Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this 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 rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [insert date 60 days from date of publication of
this document in the Federal Register].  Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.

This action, approving the redesignation of the Greene County Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base year emission inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements.  (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 81

Air pollution Control, National Parks, Wilderness Areas.

_February 11, 2009_______________
__________/s/______________

Dated:   		    				James W. Newsom,
		            Acting Regional Administrator,

                                  					Region III.

40 CFR parts 52 and 81 are amended as follows:

PART 52 - [AMENDED]

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

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

Subpart NN(Pennsylvania

2.  In ( 52.2020, the table in paragraph (e)(1) is amended by adding an
entry at the end of the table to read as follows:

( 52.2020  	Identification of plan.

* 	* 	* 	* 	*

(e) * * *

   (1)* * *

Name of non-regulatory SIP revision	Applicable geographic area	State
submittal date	EPA approval date	Additional explanation

*            *             *            *            *            *
     *

8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory
Greene County 	01/25/07,

05/23/08

	[Insert Federal Register] publication date] [Insert page number where
the document begins]

*	*	*	*	*

PART 81- [AMENDED]

The authority citation for Part 81 continues to read as follows:

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

In §81.339, the table entitled “Pennsylvania- Ozone (8-Hour
Standard)” is amended by revising the entry for the Greene County, PA:
Greene County, to read as follows:

§81.339                    Pennsylvania

*          *          *          *          *

Pennsylvania – Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*           *           *           *           *           *
*

Greene County, PA:  Greene County	[Insert date 30 days from date of
publication]	Attainment

*           *           *           *           *           *
*

aIncludes Indian County located in each county or area, except otherwise
noted.

1This date is June 15, 2004, unless otherwise noted.

*           *           *           *           *

 PAGE

 PAGE   2

 PAGE  8

 PAGE   11


[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67471-67472]
[FR Doc No: 2022-24343]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-26-000]

Commission Information Collection Activities (Ferc-577); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission FERC-577 (Natural
Gas Facilities: Environmental Review and Compliance), which will be
submitted to the Office of Management and Budget (OMB) for review. No
comments were received on the 60-day notice published on August 29,
2022.

DATES: Comments on the collection of information are due December 8,
2022.

ADDRESSES: Send written comments on FERC-577 to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0128) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC22-26-000)
by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, Secretary of the Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review''
field, select Federal Energy Regulatory Commission; click ``submit,''
and select ``comment'' to the right of the subject collection. FERC
submissions must be formatted and filed in accordance with submission
guidelines at: https://www.ferc.gov. For user assistance, contact FERC
Online Support by email at [email protected], or by phone at:
(866) 208-3676 (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-577, Natural Gas Facilities: Environmental Review and
Compliance.
    OMB Control No.: 1902-0128.
    Type of Request: Three-year extension of the FERC-577 with no
changes to the current reporting requirements.
    Abstract: The FERC-577 contains the Commission's information
collection pertaining to regulations which implement the National
Environmental Policy Act (NEPA) as well as the reporting requirements
for landowner notifications. These requirements are contained in 18 CFR
parts 2, 157, 284, and 380. The information to be submitted includes
draft environmental material in accordance with the provisions of part
380 of FERC's regulations in order to implement the Commission's
procedures under NEPA. Without such information, the Commission would
be unable to fulfill its statutory responsibilities under the Natural
Gas Act (NGA), NEPA, and the Energy Policy Act of 2005. Specifically,
these responsibilities include ensuring company activities remain
consistent with the public interest, which is specified in the NGA and
inherent in the other statutes.
    Type of Respondents: Companies proposing Natural Gas Projects under
section 7 and Jurisdictional Gas Pipeline and Storage Companies.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden and cost \2\ for the information collection as
follows:
---------------------------------------------------------------------------

    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. See 5
CFR 1320 for additional information on the definition of information
collection burden.
    \2\ The Commission staff estimates that industry is similarly
si,tuated in terms of hourly cost (for wages plus benefits). Based
on the Commission's FY (Fiscal Year) 2022 average cost (for wages
plus benefits), $188,922 or $91.00/hour is used.

                                          FERC-577, Natural Gas Facilities: Environmental Review and Compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Number of                    Average burden hours and    Total annual burden       Cost per
                                          Number of     responses per   Total number       average cost per       hours and total annual  respondent ($)
                                         respondents     respondent     of responses    response ($) (rounded)      cost ($) (rounded)       (rounded)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........     (5) / (1) =
                                                                                (3)                                                                (6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gas Pipeline Certificates \1\........             101              16           1,616  193.52 hours; $17,610.32  312,725 hours;              $281,762.13
                                                                                $28,457,975.

Landowners Notification \2\..........             164             144          23,616  2 hours; $182...........  47,232 hours;                   $26,208
                                                                                $4,298,112.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............          25,232  ........................  359,957 hours;           ..............
                                                                                $32,756,087.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Requirements are found in 18 CFR parts 2, 157, and 380.
\2\ Requirements are found in 18 CFR 157(d), 157(f), 2.55(a), 2.55(b), 284.11, and 380.15.

    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: November 2, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24343 Filed 11-7-22; 8:45 am]
BILLING CODE 6717-01-P