unreasonable burden on interstate commerce when enforced, the State
provision is compatible and enforceable.
    (iii) If a State law, regulation, standard, or order on CMV safety
is less stringent than the FMCSRs, the State provision is not
compatible and not enforceable.
    (3) As applicable to intrastate commerce not involving the movement
of hazardous materials:
    (i) If a State satisfactorily demonstrates a law, regulation,
standard, or order on CMV safety is identical to or has the same effect
as the FMCSRs, the State provision is compatible and enforceable.
    (ii) If a State satisfactorily demonstrates a law, regulation,
standard, or order on CMV safety that is in addition to, more stringent
than, or less stringent than the FMCSRs falls within a limited variance
from the FMCSRs allowed under Sec.  350.305 or Sec.  350.307, the State
provision is compatible and enforceable.
    (4) As applicable to interstate and intrastate commerce involving
the movement of hazardous materials, if a State satisfactorily
demonstrates a law, regulation, standard, or order on CMV safety is
identical to the HMRs, the State provision is compatible and
enforceable.
    (5) The State's laws, regulations, standards, and orders on CMV
safety reviewed for the commercial driver's license compliance report
are excluded from the compatibility review.
    (6) Definitions of words or terms in a State's laws, regulations,
standards, and orders on CMV safety must be compatible with those in
the FMCSRs and HMRs.
    (e) Reporting to FMCSA. (1) The reporting required by paragraph (d)
of this section, to be submitted with the first year of the CVSP or
annual update, must include:
    (i) A copy of any State law, regulation, standard, or order on CMV
safety that was adopted or amended since the State's last report; and
    (ii) A certification that states the annual review was performed
and State laws, regulations, standards, and orders on CMV safety remain
compatible, and that provides the name of the individual responsible
for the annual review.
    (2) If State laws, regulations, standards, and orders on CMV safety
are no longer compatible, the certifying official must explain the
State's plan to correct the discrepancy.
    (f) FMCSA response. Not later than 10 days after FMCSA determines
that a State law, regulation, standard, or order on CMV safety is not
compatible and may not be enforced, FMCSA must give written notice of
the decision to the State.
    (g) Waiver of determination. (1) A State or any person may petition
the Administrator for a waiver of a decision by the Administrator that
a State law, regulation, standard, or order on CMV safety is not
compatible and may not be enforced.
    (2) Before deciding whether to grant or deny a waiver under this
paragraph, the Administrator shall give the petitioner an opportunity
for a hearing on the record.
    (3) If the petitioner demonstrates to the satisfaction of the
Administrator that the waiver is consistent with the public interest
and the safe operation of CMVs, the Administrator shall grant the
waiver as expeditiously as practicable.

Sec.  350.305  What specific variances from the FMCSRs are allowed for
State laws and regulations applicable to intrastate commerce and are
not subject to Federal jurisdiction?

    (a) General. (1) Except as otherwise provided in this section, a
State may exempt a CMV from all or part of its laws or regulations
applicable to intrastate commerce, if the gross vehicle weight rating,
gross combination weight rating, gross vehicle weight, or gross
combination weight does not equal or exceed 11,801 kilograms (26,001
pounds).
    (2) A State may not exempt a CMV from laws or regulations under
paragraph (a)(1) of this section if the vehicle:
    (i) Transports hazardous materials requiring a placard; or
    (ii) Is designed or used to transport 16 or more people, including
the driver.
    (b) Non-permissible exemption--Type of business operation. (1)
Subject to paragraph (b)(2) of this section and Sec.  350.307, State
laws and regulations applicable to intrastate commerce may not grant
exemptions based on the type of transportation being performed (e.g.,
for-hire carrier, private carrier).
    (2) A State may retain those exemptions from its motor carrier
safety laws and regulations that were in effect before April 1988, are
still in effect, and apply to specific industries operating in
intrastate commerce, provided the scope of the original exemption has
not been amended.
    (c) Non-permissible exemption--Distance. (1) Subject to paragraph
(c)(2) of this section, State laws and regulations applicable to
intrastate commerce must not include exemptions based on the distance a
motor carrier or driver operates from the work reporting location.
    (2) Paragraph (c)(1) of this section does not apply to distance
exemptions contained in the FMCSRs.
    (d) Hours of service. State hours-of-service limitations applied to
intrastate transportation may vary to the extent that they allow:
    (1) A 12-hour driving limit, provided that a driver of a CMV is not
permitted to drive after having been on duty more than 16 hours;

    (2) Driving prohibitions for drivers who have been on duty 70 hours
in 7 consecutive days or 80 hours in 8 consecutive days; or
    (3) Extending the 100-air mile radius under Sec.  395.1(e)(1)(i) of
this subchapter to a 150-air mile radius.
    (e) Age of CMV driver. All intrastate CMV drivers must be at least
18 years of age.
    (f) Driver physical conditions. (1) Intrastate drivers who do not
meet the physical qualification standards in Sec.  391.41 of this
subchapter may continue to be qualified to operate a CMV in intrastate
commerce if:
    (i) The driver was qualified under existing State law or regulation
at the time the State adopted physical qualification standards
consistent with the Federal standards in Sec.  391.41 of this
subchapter;
    (ii) The otherwise non-qualifying medical or physical condition has
not substantially worsened; and
    (iii) No other non-qualifying medical or physical condition has
developed.
    (2) The State may adopt or continue programs granting variances to
intrastate drivers with medical or physical conditions that would
otherwise be non-qualifying under the State's equivalent of Sec.
391.41 of this subchapter if the variances are based on sound medical
judgment combined with appropriate performance standards ensuring no
adverse effect on safety.
    (3) A State that has physical qualification standards or variances
continued in effect or adopted by the State under this paragraph for
drivers operating CMVs in intrastate commerce has the option not to
adopt laws and regulations that establish a separate registry of
medical examiners trained and qualified to apply such physical
qualification standards or variances.
    (g) Additional variances. A State may apply to the Administrator
for a variance from the FMCSRs not otherwise covered by this section
for intrastate commerce. The variance will be granted only if the State
satisfactorily demonstrates that the State law, regulation, standard,
or order on CMV safety:
    (1) Achieves substantially the same purpose as the similar Federal
regulation;
    (2) Does not apply to interstate commerce; and
    (3) Is not likely to have an adverse impact on safety.

Sec.  350.307  How may a State obtain a new exemption for State laws or
regulations for a specific industry involved in intrastate commerce?

    FMCSA will only consider a State's request to exempt a specific
industry from all or part of a State's laws or regulations applicable
to intrastate commerce if the State submits adequate documentation
containing information allowing FMCSA to evaluate:
    (a) The type and scope of the industry exemption request, including
the percentage of the industry it affects, number of vehicles, mileage
traveled, and number of companies it involves;
    (b) The type and scope of the requirement to which the exemption
would apply;
    (c) The safety performance of that specific industry (e.g., crash
frequency, rates, and comparative figures);
    (d) Inspection information (e.g., number of violations per
inspection, and driver and vehicle out-of-service information);
    (e) Other CMV safety regulations enforced by other State agencies
not participating in MCSAP;
    (f) The commodity the industry transports (e.g., livestock or
grain);
    (g) Similar exemptions granted and the circumstances under which
they were granted;
    (h) The justification for the exemption; and
    (i) Any identifiable effects on safety.

Sec.  350.309  What are the consequences if a State has provisions that
are not compatible?

    (a) General. To remain eligible for MCSAP funding, a State may not
have in effect or enforce any State law, regulation, standard, or order
on CMV safety that the Administrator finds is not compatible (as
defined in Sec.  350.105).
    (b) Process. FMCSA may initiate a proceeding to withdraw the
current CVSP approval or withhold MCSAP funds in accordance with Sec.
350.231 if:
    (1) A State enacts a law, regulation, standard, or order on CMV
safety that is not compatible;
    (2) A State fails to adopt a new or amended FMCSR or HMR within 3
years of its effective date; or
    (3) FMCSA finds, based on its own initiative or on a petition of a
State or any person, that a State law, regulation, standard, order, or
enforcement practice on CMV safety, in either interstate or intrastate
commerce, is not compatible.
    (c) Hazardous materials. Any decision regarding the compatibility
of a State law, regulation, standard, or order on CMV safety with the
HMRs that requires an interpretation will be referred to the Pipeline
and Hazardous Materials Safety Administration of the United States
Department of Transportation before proceeding under Sec.  350.231.

Subpart D--High Priority Program

Sec.  350.401  What is the High Priority Program and what entities are
eligible for funding under the High Priority Program?

    The High Priority Program is a competitive financial assistance
program available to States, local governments, Federally-recognized
Indian Tribes, other political jurisdictions, and other persons to
carry out high priority activities and projects that augment motor
carrier safety activities and projects. The High Priority Program also
promotes the deployment and use of innovative technology by States for
CMV information systems and networks. Under this program, the
Administrator may make competitive grants to and enter into cooperative
agreements with eligible entities to carry out high priority activities
and projects that augment motor carrier safety activities and projects.
The Administrator also may award grants to States for projects planned
in accordance with the Innovative Technology Deployment Program.

Sec.  350.403  What are the High Priority Program objectives?

    FMCSA may use the High Priority Program funds to support, enrich,
or evaluate CMV safety programs and to:
    (a) Target unsafe driving of CMVs and non-CMVs in areas identified
as high-risk crash corridors;
    (b) Improve the safe and secure movement of hazardous materials;
    (c) Improve safe transportation of goods and passengers in foreign
commerce;
    (d) Demonstrate new technologies to improve CMV safety;
    (e) Support participation in PRISM by Lead State Agencies:
    (1) Before October 1, 2020, to achieve full participation in PRISM;
and
    (2) Beginning on October 1, 2020, or once full participation in
PRISM is achieved, whichever is sooner, to conduct special initiatives
or projects that exceed routine operations for participation;
    (f) Support participation in PRISM by entities other than Lead
State Agencies;
    (g) Support safety data improvement projects conducted by:
    (1) Lead State Agencies for projects that exceed MCSAP safety data
requirements; or
    (2) Entities other than Lead State Agencies for projects that meet
or exceed MCSAP safety data requirements;
    (h) Advance the technological capability and promote the Innovative
Technology Deployment of intelligent transportation system applications
for CMV operations by States;

    (i) Increase public awareness and education on CMV safety; or
    (j) Otherwise improve CMV safety.

Sec.  350.405  What conditions must an applicant meet to qualify for
High Priority Program funds?

    (a) Motor carrier safety activities. To qualify for High Priority
Program funds related to motor carrier safety activities under Sec.
350.403 paragraphs (a) through (g), (i), and (j):
    (1) States must:
    (i) Participate in MCSAP under subpart B of this part; and
    (ii) Prepare a proposal that is responsive to the High Priority
Program Notice of Funding Opportunity (NOFO).
    (2) Applicants other than States must, to the extent applicable:
    (i) Prepare a proposal that is responsive to the NOFO;
    (ii) Except for Federally-recognized Indian Tribes, coordinate the
proposal with the Lead State Agency to ensure the proposal is
consistent with State and national CMV safety program priorities;
    (iii) Certify that the applicant has the legal authority,
resources, and trained and qualified personnel necessary to perform the
functions specified in the proposal;
    (iv) Designate an individual who will be responsible for
implementing, reporting, and administering the approved proposal and
who will be the primary contact for the project;
    (v) Agree to prepare and submit all reports required in connection
with the proposal or other conditions of the grant or cooperative
agreement;
    (vi) Agree to use the forms and reporting criteria required by the
Lead State Agency or FMCSA to record work activities to be performed
under the proposal;
    (vii) Certify that a political jurisdiction will impose sanctions
for violations of CMV and driver laws and regulations that are
consistent with those of the State; and
    (viii) Certify participation in national databases appropriate to
the project.
    (b) Innovative Technology Deployment activities. To qualify for
High Priority Program funds for Innovative Technology Deployment
activities under Sec.  350.403(h), States must:
    (1) Prepare a proposal that is responsive to the NOFO;
    (2) Have a CMV information systems and networks program plan
approved by the Administrator that describes the various systems and
networks at the State level that need to be refined, revised, upgraded,
or built to accomplish deployment of CMV information systems and
networks capabilities;
    (3) Certify to the Administrator that its CMV information systems
and networks deployment activities, including hardware procurement,
software and system development, and infrastructure modifications--
    (i) Are consistent with the national intelligent transportation
systems and CMV information systems and networks architectures and
available standards; and
    (ii) Promote interoperability and efficiency to the extent
practicable; and
    (4) Agree to execute interoperability tests developed by FMCSA to
verify that its systems conform with the national intelligent
transportation systems architecture, applicable standards, and
protocols for CMV information systems and networks.

Sec.  350.407  How and when does an eligible entity apply for High
Priority Program funds?

    FMCSA publishes application instructions and criteria for eligible
activities to be funded under this subpart in a NOFO at least 30 days
before the financial assistance program application period closes.
Entities must submit the application by the date prescribed in the
NOFO.

Sec.  350.409  What response will an applicant receive under the High
Priority Program?

    (a) Approval. If FMCSA awards a grant or cooperative agreement, the
applicant will receive a grant agreement to execute.
    (b) Denial. If FMCSA denies the grant or cooperative agreement, the
applicant will receive a notice of denial.

Sec.  350.411  How long are High Priority Program funds available to a
recipient?

    (a) Motor carrier safety activities. High Priority Program funds
related to motor carrier safety activities under Sec.  350.403(a)
through (g), (i), and (j) obligated to a recipient are available for
the rest of the fiscal year in which the funds are obligated and the
next 2 full fiscal years.
    (b) Innovative Technology Deployment activities. High Priority
Program funds for Innovative Technology Deployment activities under
Sec.  350.403(h) obligated to a State are available for the rest of the
fiscal year in which the funds were obligated and the next 4 full
fiscal years.

Sec.  350.413  What are the Federal and recipient shares of costs
incurred under the High Priority Program?

    (a) Federal share. FMCSA will reimburse at least 85 percent of the
eligible costs incurred under the High Priority Program.
    (b) Match. In-kind contributions are acceptable in meeting the
recipient's matching share under the High Priority Program if they
represent eligible costs, as established by 2 CFR parts 200 and 1201
and FMCSA in the NOFO.
    (c) Waiver. The Administrator reserves the right to reduce or waive
the recipient's matching share in any fiscal year:
    (1) As announced in the NOFO; or
    (2) As determined by the Administrator on a case-by-case basis.

Sec.  350.415  What types of activities and projects are eligible for
reimbursement under the High Priority Program?

    Activities that fulfill the objectives in Sec.  350.403 are
eligible for reimbursement under the High Priority Program.

Sec.  350.417  What specific costs are eligible for reimbursement under
the High Priority Program?

    (a) Costs eligible for reimbursement. All costs relating to
activities eligible for reimbursement must be necessary, reasonable,
allocable, and allowable under this subpart and 2 CFR parts 200 and
1201. The eligibility of specific costs for reimbursement is addressed
in the NOFO and is subject to review and approval by FMCSA.
    (b) Ineligible costs. High Priority Program funds may not be used
for the:
    (1) Acquisition of real property or buildings; or
    (2) Development, implementation, or maintenance of a State registry
of medical examiners.

PART 355--[Removed and Reserved]

0
2. Under the authority of 49 U.S.C. 504 and 31101 et seq., remove and
reserve part 355, consisting of Sec. Sec.  355.1 through 355.25 and
Appendix A to part 355.

PART 388--[Removed and Reserved]

0
3. Under the authority of 49 U.S.C. 113 and 502, remove and reserve
part 388, consisting of Sec. Sec.  388.1 through 388.8.

    Issued under authority delegated in 49 CFR 1.87.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-11464 Filed 6-23-20; 8:45 am]
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Proposed Rules]
[Pages 71862-71863]
[FR Doc No: 2021-27407]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-OLEM-2021-0556; FRL-7122-04-OLEM]

Alternate PCB Extraction Methods and Amendments to PCB Cleanup
and Disposal Regulations; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking; extension of comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule entitled ``Alternate PCB
Extraction Methods and Amendments to PCB Cleanup and Disposal
Regulations.'' EPA published the proposed rule in the Federal Register
on October 22, 2021, and the public comment period was scheduled to end
on December 21, 2021. However, EPA has received at least one request
for additional time to develop and submit comments on the proposal. In
response to the request for additional time, EPA is extending the
comment period for an additional 30 days, through January 20, 2022.

DATES: Comments must be received on or before January 20, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0556, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information or other information whose
disclosure is restricted by statute.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are open to the public by
appointment only to reduce the risk of transmitting COVID-19. Our
Docket Center staff also continues to provide remote customer service
via email, phone, and webform. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For further information on this
document, contact Jennifer McLeod, Program Implementation and
Information Division, Office of Resource Conservation and Recovery,
(202) 566-0384; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary

    On October 22, 2021 (86 FR 58730), EPA published in the Federal
Register a proposal to expand the available options for extraction and
determinative methods used to characterize and verify the cleanup of
polychlorinated biphenyl (PCB) waste under the federal Toxic Substances
Control Act (TSCA) regulations (also referred to as the PCB
regulations). These proposed changes are expected to greatly reduce the
amount of solvent used in PCB extraction processes, thereby conserving
resources and reducing waste. In addition, the proposed changes are
expected to result in quicker, more efficient, and less costly
cleanups, due to greater flexibility in the cleanup and disposal of PCB
waste, while still being equally protective of human health and the
environment. The proposal also included several other amendments to the
PCB regulations, such as: The amendment of performance-based disposal
option for PCB remediation waste; the removal of the provision allowing
PCB bulk product waste to be disposed as roadbed material; the addition
of more flexible provisions for cleanup and disposal of waste generated
by spills that occur during emergency situations (e.g., hurricanes or
floods); the harmonization of the general disposal requirements for PCB
remediation waste; and other amendments to improve the implementation
of the regulations, clarify ambiguity and correct technical errors.
    The comment period for the proposed rule was scheduled to end on
December 21, 2021. Since publication, EPA has received at least one
request to extend that comment period to allow for additional time to
develop comments on the proposed rule. After considering this request
for additional time, EPA has decided to extend the comment period for
an additional 30 days, through January 20, 2022.

II. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2021-
0556, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to
EPA's docket at https://www.regulations.gov 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). 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. Our
Docket Center staff also continues to provide remote customer service
via email, phone, and webform. Hand deliveries or couriers will be
received by scheduled appointment only. For further information and
updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Incorporation by
reference, Labeling, Polychlorinated biphenyls (PCBs), Reporting and
recordkeeping requirements.

    Dated: December 14, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-27407 Filed 12-17-21; 8:45 am]
BILLING CODE 6560-50-P