UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 8, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-97-2721

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    US Airways, Inc.  filed  2/24/03 to:

XX  Renew for two years exemption under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Philadelphia, Pennsylvania, and Grand Cayman, Cayman Islands.

Applicant rep:   Patrick R. Rizzi<PHONE_NUMBER>    DOT Analyst:  Linda
Senese<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (See Remarks below)

The action above was effective when taken:  June 8, 2004,  through June
8, 2006.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and the United Kingdom.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

Remarks:  The authority for which US Airways requested renewal expired
May 9, 2003, but had been kept in force pursuant to provisions of the
Administrative Procedures Act, 5 U.S.C. 558(c), as implemented by 14 CFR
Part 377, pending action on its timely renewal application.

________________________________________________________________________
____________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										05/2004


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16785-16786]
[FR Doc No: 2014-06689]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  2

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

    Docket Numbers: ER14-778-001.
    Applicants: PacifiCorp.
    Description: WECC Unscheduled Flow Mitigation Plan Amended Filing
to be effective 1/1/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5098.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1053-000; ER14-1054-000.
    Applicants: Plum Point Energy Associates, LLC, Plum Point Services
Company, LLC.
    Description: Supplement to January 17, 2014 Plum Point Energy
Associates, LLC and Plum Point Services Company, LLC tariff filing and
Notice of Non-Material Change in Status.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5058.
    Comments Due: 5 p.m. ET 3/31/14.

    Docket Numbers: ER14-1140-001.
    Applicants: Inspire Energy Holdings, LLC.
    Description: Inspire Energy Holdings, LLC FERC Tariff Filing to be
effective 3/19/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5138.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1322-000.
    Applicants: Corinth Energy, LLC.
    Description: Supplement to February 14, 2014 Corinth Energy, LLC
tariff filing.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5234.
    Comments Due: 5 p.m. ET 3/28/14.

    Docket Numbers: ER14-1532-000.
    Applicants: Arizona Public Service Company.
    Description: Administrative Removal of Rate Schedule No. 183 from
Master Tariff Vol 2 to be effective 10/1/2013.

    Filed Date: 3/19/14.
    Accession Number: 20140319-5099.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1533-000.
    Applicants: Arizona Public Service Company.
    Description: Administrative Re-Filing of Rate Schedule No. 183 to
Master Tariff Rate Schedule to be effective 3/19/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5103.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1534-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2826 Kansas Power Pool & Sunflower Meter Agent
Agreement to be effective 3/1/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5110.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1535-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2841 Smoky Hills Wind Project II and Westar Meter
Agent Agr to be effective 3/1/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5111.
    Comments Due: 5 p.m. ET 4/9/14.

    Docket Numbers: ER14-1536-000.
    Applicants: AmerenEnergy Medina Valley Cogen, L.L.C.
    Description: Filing of a Notice of Cancellation to be effective 2/
1/2014.
    Filed Date: 3/19/14.
    Accession Number: 20140319-5135.
    Comments Due: 5 p.m. ET 4/9/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 19, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-06689 Filed 3-25-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5618-5619]
[DOCID:fr30ja08-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57192; File No. SR-OCC-2007-17]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Its Clearing Fee Schedule

January 24, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 7, 2007, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by OCC. OCC filed the proposed rule change pursuant to section
19(b)(3)(A)(ii) of the Act \2\ and Rule 19b-4(f)(2) thereunder \3\ so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \3\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would implement a new discounted fee
schedule and continue the market maker scratch fee discount with all
changes being effective January 1, 2008.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    Effective May 1, 2007, OCC adopted a new permanent reduced clearing
fee schedule for (i) securities options and

(ii) security futures where at least one side of the trade is cleared
by an OCC clearing member.\5\ Simultaneous with the adoption of the new
standard clearing fee schedule, OCC additionally discounted clearing
fees. Effective September 1 through December 31, 2007, OCC further
reduced its discounted clearing fees and halved the market-maker
scratch fee.\6\ Effective January 1, 2008, OCC will implement a new
discounted clearing fee schedule that will replace the May 1 discounted
fees and will continue the discounted market-maker scratch fee of $0.01
per side. The following chart sets forth the new discounted clearing
fee schedule.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 55709 (May 4, 2007), 72
FR 26669 (May 10, 2007) [File No. SR-OCC-2007-05].
    \6\ Securities Exchange Act Release No. 56386 (September 11,
2007), 72 FR 53273 (September 18, 2007) [File No. SR-OCC-2007-09].
In addition, OCC permanently adopted the standard fee schedule for
commodity futures and eliminated the alternative fee schedule
previously offered to futures markets.

------------------------------------------------------------------------
                                   Current permanent      Discounted
                                     standard fee        standard fee
         Contracts/trade               schedule,           schedule,
                                   effective May 1,   effective  January
                                         2007               1, 2008
------------------------------------------------------------------------
1-500...........................  $0.05/contract....  $0.03/contract.
501-1,000.......................  $0.04/contract....  $0.024/contract.
1,001-2,000.....................  $0.03/contract....  $18.00 (capped).
>2,000..........................  $55.00 (capped)...  $18.00 (capped).
------------------------------------------------------------------------

    The discounted clearing fee schedule and market maker scratch fee
will remain in effect until further action by OCC's Board of Directors.
    The adoption of the new discounted fee schedule reflects the strong
contract volume experienced by OCC in 2007. OCC believes that these
discounted fees will financially benefit clearing members and other
market participants without adversely affecting OCC's ability to meet
its expenses and maintain an acceptable level of retained earnings.
    The proposed rule change is consistent with the requirements of
section 17A of the Act \7\ and the rules and regulations thereunder
applicable to OCC because it benefits clearing members and other market
participants by discounting fees and allocating them in a fair and
equitable manner. The proposed rule change is not inconsistent with the
existing rules of OCC, including any other rules proposed to be
amended.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective upon filing pursuant
to section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2) \9\
thereunder because the proposed rule establishes or changes a due, fee,
or other charge. At any time within sixty days of the filing of such
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-OCC-2007-17 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-OCC-2007-17. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. The text of the proposed rule change is available
at OCC, the Commission's Public Reference Room, and http://www.theocc.com/publications/rules/proposed_changes/sr_occ_
 07_

17.pdf. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-OCC-
2007-17 and should be submitted on or before February 20, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
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    \10\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E8-1614 Filed 1-29-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56913-56915]
[FR Doc No: 2023-17940]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0022]

Qualification of Drivers; Exemption Applications; Hearing

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

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

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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an

exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV)
in interstate commerce. If granted, the exemptions would enable these
hard of hearing and deaf individuals to operate CMVs in interstate
commerce.

DATES: Comments must be received on or before September 20, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0022 using any of the following
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0022) in the keyword box and click
``Search.'' Next, choose the only notice listed, and click on the
``Comment'' button. Follow the online instructions for submitting
comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2023-0022), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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 https://www.regulations.gov/docket/FMCSA-2023-0022/document. Next, choose the only notice listed,
click the ``Comment'' button, and type your comment into the text box
on the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0022) in the keyword box and click ``Search.'' Next,
choose the only notice listed, and click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statutes also allow the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 11 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
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.
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

Eric Blount

    Eric Blount, 28, holds a class D driver's license in Arizona.

Shaun Cannady

    Shaun Cannady, 22, holds a class C driver's license in California.

Rebecca Haynes

    Rebecca Haynes, 50, holds a class C driver's license in Texas.

Kyesha Hemphill

    Kyesha Hemphill, 33, holds a class R driver's license in
Mississippi.

Kayla Lucero

    Kayla Lucero, 31, holds a class D driver's license in New Mexico.

Alexandra Muller

    Alexandra Muller, 27, holds a class D driver's license in Arizona.

Glenn Rozier

    Glenn Rozier, 78, holds a class B commercial driver's license (CDL)
in Georgia.

Aaron Sanders

    Aaron Sanders, 40, holds a driver's license in Washington.

Eric Shepeard

    Eric Shepeard, 49, holds a class B driver's license in Delaware.

Timothy Szabo

    Timothy Szabo, 36, holds a class ABCD CDL in Wisconsin.

Perry Wesberry

    Perry Wesberry, 41, holds a class A CDL in Virginia.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-17940 Filed 8-18-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Proposed Rules]
[Pages 36261-36262]
[FR Doc No: 2015-15281]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1622; Airspace Docket No. 15-AWP-9]

Proposed Amendment of Class D and Class E Airspace; Stockton, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class D airspace, Class E
surface area airspace, and Class E airspace extending upward from 700
feet above the surface, at Stockton Metropolitan Airport, Stockton, CA.
After a biennial review, and the decommissioning of the Manteca VHF
omnidirectional radio range and distance measuring equipment (VOR/DME),
the FAA found it necessary to amend the airspace areas for the safety
and management of Instrument Flight Rules (IFR) operations for Standard
Instrument Approach Procedures (SIAPs) at the airport.

DATES: Comments must be received on or before August 10, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
1622; Airspace Docket No. 15-AWP-9, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rob Riedl, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Stockton Metropolitan Airport,
Stockton, CA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-1622/
Airspace Docket No. 15-AWP-9.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class D airspace, Class E
surface area airspace, and Class E airspace extending upward from 700
feet above the surface at Stockton Metropolitan Airport, Stockton, CA.
Decommissioning of the Manteca VOR/DME and subsequent review of the
airspace revealed that airspace redesign is necessary for the safety
and management of IFR operations for standard instrument approach
procedures at the airport. The Class D and Class E surface areas would
be expanded to within a 4.5-mile radius of Stockton Metropolitan
Airport. The Class D extension to the southeast would be removed as it
is no longer required for aircraft arriving and departing under IFR
operations. Class E airspace extending upward from 700 feet above the
surface would be modified to within a 7-mile radius of Stockton
Metropolitan Airport.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.9Y,
dated August 6, 2014, and effective September 15, 2014, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 5000: Class D Airspace

* * * * *

AWP CA D Stockton, CA (Modified)

Stockton Metropolitan Airport, CA
    (lat. 37[deg]53'39'' N., long. 121[deg]14'18'' W.)

    That airspace extending upward from the surface to and including
2500 MSL within a 4.5 mile radius of Stockton Metropolitan Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.
    Paragraph 6002: Class E Airspace Designated as Surface Areas.
* * * * *

AWP CA E2 Stockton, CA (Modified)

Stockton Metropolitan Airport, CA
    (lat. 37[deg]53'39'' N., long. 121[deg]14'18'' W.)

    That airspace extending upward from the surface within a 4.5
mile radius of Stockton Metropolitan Airport.
    Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *

AWP CA E5 Stockton, CA (Modified)

Stockton Metropolitan Airport, CA
    (lat. 37[deg]53'39'' N., long. 121[deg]14'18'' W.)
Stockton Metropolitan Airport, point in space coordinates
    (lat. 37[deg]53'04'' N., long. 121[deg]13'18'' W.)

    That airspace extending upward from the surface within a 6.5-
mile radius of the Stockton Metropolitan Airport point in space
coordinates at lat. 37[deg]53'04'' N., long. 121[deg]13'18'' W. That
airspace extending upward from 1,200 feet above the surface bounded
on the east by long. 120[deg]04'04'' W., on the southeast by a line
extending from lat. 37[deg]52'00'' N., long. 120[deg]04'04'' W.; to
lat. 37[deg]38'00'' N., long. 121[deg]00'04'' W., on the south by
lat. 37[deg]38'00'' N., on the west by long. 121[deg]37'04'' W., and
on the north by lat. 38[deg]07'00'' N.; excluding that airspace
within Restricted Area R-2531 when active.

    Issued in Seattle, Washington, on June 11, 2015.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-15281 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Proposed Rules]
[Page 42833-42836]
[DOCID:fr25au09-24]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2001-11061]
RIN 2126-AB17

New Entrant Safety Assurance Process: Implementation of Section
210(b) of the Motor Carrier Safety Improvement Act of 1999

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

ACTION: Advance notice of proposed rulemaking (ANPRM); request for
comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests comment on the methods the Agency should consider implementing
to provide further assurance that a new applicant carrier is
knowledgeable about the applicable safety requirements before being
granted New Entrant authority. We are considering whether to implement
a proficiency examination as part of our revised New Entrant Safety
Assurance Process and seek information concerning issues that should be
considered in the development and use of such an examination. In
addition, the Agency requests comments on other alternatives to a
proficiency examination to complement the assurances already in place
that new entrant carriers are knowledgeable about applicable safety
requirements. This notice responds to issues raised by Advocates for
Highway and Auto Safety (Advocates) regarding new entrant applicant
knowledgeability.

DATES: Send your comments on or before October 26, 2009.

ADDRESSES: You may submit comments identified by FDMS Docket ID Number
FMCSA-2001-11061 by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading under the SUPPLEMENTARY INFORMATION caption of
this document. 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.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://
DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Johnson, New Entrant
Program Specialist,<PHONE_NUMBER><EMAIL_ADDRESS>Business
hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Public Participation

    The Federal eRulemaking Portal (http://www.regulations.gov) is
available 24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``How to Use
This Site'' menu option.
    Comments received after the comment closing date will be included
in the docket, and we will consider late comments to the extent
practicable.

Legal Basis for the Rulemaking

    Under 49 U.S.C. 31144, the Secretary of Transportation (Secretary)
is required to determine whether a new motor vehicle owner or operator
is fit to operate safely. Section 210(a) of the Motor Carrier Safety
Improvement Act of 1999 [Pub. L. 106-159, 113 Stat. 1764, December 9,
1999] (MCSIA) added

sec. 31144(g) \1\ directing the Secretary to establish regulations to
require each owner and operator granted New Entrant authority to
undergo a safety review within 18 months of starting covered
operations. In issuing these regulations, the Secretary was required
to: (1) Establish the elements of the safety review, including basic
safety management controls; (2) consider their effects on small
businesses; and (3) consider establishing alternate locations where
such reviews may be conducted for the convenience of small businesses.
The Secretary was also required to phase in the new entrant safety
review requirements in a manner that takes into account the
availability of certified motor carrier safety auditors. The authority
to establish such regulations has been delegated to FMCSA (49 CFR
1.73(g)).
---------------------------------------------------------------------------

    \1\ MCSIA originally codified section 31144(g) as Sec.  31144(c)
and directed that it be added at the end of 49 U.S.C. 31144
following preexisting subsections (c), (d), and (e). Section
4114(c)(1) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119
Stat. 1144, August 10, 2005) (SAFETEA-LU) recodified this provision
as Sec.  31144(g).
---------------------------------------------------------------------------

    Section 210(b) of MCSIA directed the Secretary to ensure applicants
for New Entrant authority are knowledgeable about applicable Federal
safety requirements before receiving operating authority. The Secretary
was required to consider a proficiency examination, as well as other
requirements, to ensure applicants understand applicable safety
requirements before being granted operating authority.\2\
---------------------------------------------------------------------------

    \2\ Section 210(b) is codified as a note to 49 U.S.C. 31144.
---------------------------------------------------------------------------

    Congress mandated increased oversight of new entrants because
studies indicated these operators had a much higher rate of non-
compliance with basic safety management requirements and were subject
to less oversight than established operators.
    In addition to expanding the Secretary's authority under sec.
31144, sec. 210 of MCSIA was a specific statutory directive consistent
with the more general pre-existing legal authority provided by the
Motor Carrier Safety Act of 1984 (the 1984 Act) which requires the
Secretary to prescribe regulations on commercial motor vehicle safety
[Pub. L. 98-554, 98 Stat. 2834, October 30, 1984]. The regulations
required by the 1984 Act must prescribe minimum safety standards for
commercial motor vehicles (CMVs). At a minimum, the regulations shall
ensure: (1) CMVs are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of CMVs do not impair
their ability to operate the vehicles safely; (3) the physical
condition of operators of CMVs is adequate to enable them to operate
the vehicles safely; and (4) the operation of CMVs does not have a
deleterious effect on the physical condition of the operators (49
U.S.C. 31136(a)).
    This ANPRM solicits information on how the Agency might further
ensure that an applicant for the new entrant program is knowledgeable
about applicable safety requirements before being granted New Entrant
authority. As such, it responds to the sec. 31136(a)(1) mandate that
FMCSA regulations ensure CMVs are maintained and operated safely. It
does not propose any new operational responsibilities on drivers
pursuant to sections 31136(a)(2)-(4).

Background

    As discussed above, sec. 210 of MCSIA took a two-pronged approach
to improving the safety performance of new entrant motor carriers.
First, sec. 210(a) amended 49 U.S.C. 31144 to require new entrant motor
carriers to undergo a safety audit within the first 18 months after
beginning operations in interstate commerce. Second, sec. 210(b)
directed the Secretary to initiate a rulemaking to establish minimum
requirements for applicant motor carriers seeking new entrant
registration to ensure applicant carriers are knowledgeable about
applicable Federal motor carrier safety standards before being granted
registration. The Secretary is required to ``consider the establishment
of a proficiency examination for applicant motor carriers, as well as
other requirements,'' to ensure applicant knowledgeability.

2002 Interim Final Rule

    In response to the statutory mandate in MCSIA, on May 13, 2002,
FMCSA published an interim final rule (IFR) titled ``New Entrant Safety
Assurance Process'' (67 FR 31978), which became effective January 1,
2003. The Agency established a new application process for all new
entrant motor carriers under its jurisdiction and domiciled in the
United States and Canada. To receive permanent registration, these
carriers must successfully complete an 18-month safety monitoring
program, including a safety audit.
    In the IFR, the Agency did not require a proficiency examination as
a method of ensuring that new entrant carriers were knowledgeable of
the applicable safety requirements. Instead, FMCSA required applicants
to certify, on Form MCS-150A--Safety Certification for Application for
USDOT Number, that they were knowledgeable of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs)
and attest that they had procedures in place to achieve compliance with
specified regulatory requirements, including driver qualifications,
hours of service, drug and alcohol testing, and vehicle condition. The
IFR also provided for an application package containing educational and
technical assistance (ETA) materials regarding the applicable safety
requirements. FMCSA decided not to require a proficiency examination
because it believed that the ETA materials provided to prospective new
entrants and the safety certifications on the required application
forms would demonstrate that the new entrants understood applicable
safety regulations. Further, the Agency noted its ability to confirm
carrier knowledge of applicable regulations during the safety audit
required by sec. 210(a) of MCSIA.

2006 Notice of Proposed Rulemaking (NPRM)

    In an effort to make the New Entrant Safety Assurance Process more
effective, the Agency convened a working group charged with reviewing
and making specific recommendations for improving the process. To
implement the working group's recommendations, the Agency published an
NPRM titled ``New Entrant Safety Assurance Process'' (71 FR 76730) on
December 21, 2006. In this NPRM, the Agency addressed compliance with
the new entrant applicant knowledge requirements of sec. 210(b) of
MCSIA with the following proposals: (1) Updating the ETA materials to
better inform new entrants about applicable regulatory requirements and
how to fully comply with these requirements; and (2) raising the
standard of compliance for passing the new entrant safety audit. The
Agency identified 11 regulations that are essential elements of basic
safety management control necessary to operate in interstate commerce
and proposed that failure to comply with any one of the 11 regulations
would result in automatic failure of the audit. The current safety
audit evaluation criteria in Appendix A of 49 CFR part 385 would apply
if there are no automatic failure violations. The Agency proposed to
eliminate the Form MCS-150A requirement as ineffective. After careful
consideration the Agency, based on the enhanced ETA materials and more
stringent audit standards, concluded that a proficiency exam would not
be necessary to achieve sufficient new entrant knowledgeability

of the applicable regulatory requirements.

2008 Final Rule

    The Agency published a final rule on December 16, 2008 (73 FR
76472). FMCSA raised the standard of compliance for passing the new
entrant safety audit as follows:
     Adopted an automatic failure component for the safety
audit. If a new entrant was found to have a single occurrence of any
one of 16 identified regulatory violations which the Agency deems as
essential elements of basic safety management controls necessary to
operate in interstate commerce, it would automatically fail the safety
audit.
     Strengthened the safety monitoring element of the program
by identifying seven incidents or regulatory violations which, if
discovered during a roadside inspection or by any other means than the
safety audit, would trigger expedited action against the new entrant by
the Agency.
     Eliminated the requirement to self-certify to pre-
operational knowledge of the Federal safety standards and discontinued
the associated Form MCS-150A.
     Proposed a new application process and safety monitoring
system for motor carriers that are not domiciled in North America (the
U.S., Canada, or Mexico).
    The final rule became effective on February 17, 2009 with a
compliance date of December 16, 2009.

2009 Petition for Reconsideration

    Advocates for Highway and Auto Safety (Advocates) filed a petition
for reconsideration on January 15, 2009, alleging, in part, that the
Agency failed to adequately address sec. 210(b). The Agency granted the
portion of the petition related to sec. 210(b) and agreed to initiate a
rulemaking to assess whether additional means are available to further
ensure new entrant knowledgeability. A copy of the petition decision
has been placed in the docket for this rulemaking. The Agency continues
to review the other aspects of the petition. This notice responds to
issues raised by Advocates regarding new entrant applicant
knowledgeability. In addition, through this notice, the Agency
demonstrates its commitment to obtaining data and comments from the
public to facilitate a thorough and expeditious review intended to
inform future regulatory decisions regarding sec. 210(b).

Request for Information and Comments

    FMCSA publishes this notice to enable the Agency to continue to
carefully explore the costs and benefits of proficiency examinations or
other alternatives to address the statutory mandate of ensuring that
new applicants are knowledgeable about applicable safety requirements.
The Agency considered issuing a Supplemental Notice of Proposed
Rulemaking (SNPRM) to further address the proficiency examination
issue, but concluded that an SNPRM would delay implementation of
enhancements to the safety audit component of the New Entrant Safety
Assurance Process necessary to achieve greater motor carrier safety. We
believe the public interest is better served by implementing these
audit changes through the December 16, 2008, final rule and through
this ANPRM will continue to give careful consideration to pre-
operational carrier knowledgeability requirement in order to determine
whether additional or alternative means are available to ensure new
entrant knowledge.
    Therefore, FMCSA requests responses to the following issues and
questions. Whenever possible, commenters should provide data in support
of their responses. FMCSA recognizes that an individual commenter may
choose to respond to all of the issues or only a subset, based on his
or her area of expertise.
1. Use of a Proficiency Examination
    a. Information on the feasibility of establishing a proficiency
examination as a component of the New Entrant Safety Assurance Process;
    b. Information about analogous types of examinations used in the
motor carrier or other industries that could serve as models for a New
Entrant proficiency examination;
    c. Recommendations on preferred testing protocols;
    d. Recommendations on how the Agency should administer a
proficiency examination for applicants for New Entrant authority;
    e. Recommendations on which motor carrier employees the Agency
should require to take a proficiency exam, and the feasibility of motor
carriers retaining those employees through the duration of the New
Entrant Safety Assurance Program;
    f. Information on the costs involved to develop, maintain,
implement and administer a proficiency examination;
    g. Information on anticipated impacts on new entrants if the Agency
requires a proficiency examination as a condition to receiving new
entrant authority and beginning operations;
    h. Information on how, and to what degree, a proficiency
examination would increase carrier knowledge of applicable regulations;
    i. Information on whether, and if so, how the increase in knowledge
of applicable regulations brought about by the proficiency exam itself
would lead to improved motor carrier safety;
    j. Other general comments related to establishing a proficiency
examination as a component of the New Entrant Safety Assurance Process;
and
    k. Information regarding the particular needs of small entities in
establishing an assurance process.
2. Other Recommended Alternatives
    a. Ideas on how the Agency can ensure an applicant carrier is
knowledgeable about the applicable safety requirements before being
granted New Entrant authority and beginning operations other than
through a proficiency examination;
    b. Information on estimated costs to create, maintain, and
administer the recommended alternative to ensure applicant knowledge;
    c. Information on alternative approaches to the regulation that
would reduce the impact on small entities;
    d. Information on anticipated impacts to new entrants if the Agency
recommends the alternative; and
    e. Other general comments on the recommended alternatives.
    All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES caption of this notice. Comments
received after the comment closing date will be included in the docket,
and we will consider late comments to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    In this ANPRM, FMCSA is soliciting information on what methods the
Agency might implement, as alternatives or in addition to those already
in place, to further ensure that a new applicant carrier is
knowledgeable about the applicable safety requirements before being
granted New Entrant authority. FMCSA has preliminarily determined this
ANPRM

is a significant regulatory action within the meaning of Executive
Order 12866 and the U.S. Department of Transportation's regulatory
policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR
11034, February 26, 1979). FMCSA believes that a notice relating to new
entrant motor carrier requirements may generate considerable public
interest and therefore is significant. This notice requests comments on
a narrow set of issues and is a highly preliminary part of a continuing
process to inform future regulatory decisions concerning carrier
knowledgeability under the New Entrant Safety Assurance Process. The
potential economic impact of actions FMCSA may implement as a result of
this ANPRM is not known at this time. Therefore, a full regulatory
evaluation has not yet been prepared. The Agency intends to use the
information collected from comments to this docket to determine whether
a notice of proposed rulemaking should be developed, and, if necessary,
a full regulatory evaluation is appropriate.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
requires federal agencies to assess the potential impacts of their
regulatory proposals on small entities and to consider less burdensome
alternatives. However, because this rulemaking is still at a
preliminary stage, the RFA does not yet apply. However, FMCSA is still
interested in understanding how the potential regulatory changes could
impact small entities. Accordingly, FMCSA solicits comments,
information, and data on how these potential changes would impact small
entities and what alternative approaches would minimize any significant
impacts to small entities.

Privacy Impact Analysis

    Due to the preliminary nature of this document and the fact that it
proposes no regulatory changes, FMCSA is unable at this time to
complete a privacy impact assessment as required by Section 522(a)(5)
of the FY 2005 Omnibus Appropriations Act, Public Law 108-447, div. H,
118 Stat. 2809, 3268 (Dec. 8, 2004) [set out as a note to 5 U.S.C.
552a].
    If FMCSA proposes regulatory changes as a result of this ANPRM, the
Agency would complete the required analyses.

Unfunded Mandates Reform Act of 1995

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding to determine whether it would result in the expenditure
by State, local, and tribal governments, in the aggregate, or by the
private sector, of $141.3 million or more in any one year, as required
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532).

Executive Order 12988 (Civil Justice Reform)

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding to determine whether it would meet applicable standards
in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding to determine whether it would concern an environmental
risk to health or safety that may disproportionately affect children
under Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks.

Executive Order 12630 (Taking of Private Property)

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding to determine whether it would effect a taking of
private property or otherwise have taking implications under Executive
Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.

Executive Order 13132 (Federalism)

    FMCSA asks for comments from State and local officials about the
issues in this ANPRM. FMCSA will analyze any action implemented in
subsequent phases of this proceeding using the principles and criteria
contained in Executive Order 13132.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520),
FMCSA must obtain approval from the Office of Management and Budget
(OMB) for each collection of information it conducts, sponsors, or
requires through regulations.
    The Agency is not yet in a position to analyze fully any potential
action it may initiate that may fall within the scope of the Paperwork
Reduction Act. If FMCSA proposes any information collection
requirements as a result of this ANPRM, the Agency would seek the
necessary approval from OMB.

National Environmental Policy Act

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding for the purposes of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321, et seq.) to determine whether the action
would affect the quality of the environment.
    FMCSA will analyze any action implemented in subsequent phases of
this proceeding under the Clean Air Act, as amended (CAA), section
176(c) (42 U.S.C. 7401 et seq.), and implementing regulations
promulgated by the Environmental Protection Agency.

Executive Order 12898 (Environmental Justice)

    FMCSA will evaluate the environmental effects of any action
implemented in subsequent phases of this proceeding in accordance with
Executive Order 12898 to determine if there are environmental justice
issues associated with its provisions or any collective environmental
impact resulting from its promulgation. Environmental justice issues
would be raised if there were ``disproportionate'' and ``high and
adverse impact'' on minority or low-income populations.

Executive Order 13211 (Energy Effects)

    FMCSA will analyze any action implemented in subsequent phases of
this proceeding under Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use, to determine whether the action would be a ``significant energy
action'' under that Executive Order.

List of Subjects in 49 CFR Part 385

    Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.

    Issued on: August 19, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-20393 Filed 8-24-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: June 13, 2008 (Volume 73, Number 115)]
[Rules and Regulations]
[Page 33714-33718]
[DOCID:fr13jn08-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1107; FRL-8366-6]

Fenoxaprop-ethyl; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes time-limited tolerances for
combined residues of fenoxaprop-ethyl and its metabolites in or on
grass hay and forage. This action is in response to EPA's granting of
an emergency exemption under section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide
on grasses grown for seed. This regulation establishes a maximum
permissible level for residues of fenoxaprop-ethyl and its metabolites
in these feed commodities. The time-limited tolerances expire and are
revoked on December 31, 2010.

DATES: This regulation is effective June 13, 2008. Objections and
requests for hearings must be received on or before August 12, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-1107. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., 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 in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).

     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://
www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA),
any person may file an objection to any aspect of this regulation and
may also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-1107 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before August 12, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-1107, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing
time-limited tolerances for combined residues of the herbicide
fenoxaprop-ethyl, [()-ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoate], and its metabolites (2-[4-[(6-
chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one) in or on grass forage and hay at 0.05 parts
per million (ppm). These time-limited tolerances expire and are revoked
on December 31, 2010. EPA will publish a document in the Federal
Register to remove the revoked tolerances from the CFR.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related time-limited tolerances to set binding precedents
for the application of section 408 of FFDCA to other tolerances and
exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance
or an exemption from the requirement of a tolerance on its own
initiative, i.e., without having received any petition from an outside
party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Fenoxaprop-ethyl on Grasses Grown for Seed
and FFDCA Tolerances

    The Oregon Department of Agriculture (ODA) states that an emergency
situation has arisen from weed problems that were once controlled with
an older product, under Special Local Needs (SLN) registrations that
were in effect from 1987 to 2002. Since 2002, the growers have been
lacking a method to effectively control the problem weeds and the
problem has continued to worsen since the SLNs were cancelled. The ODA
states that none of the herbicides currently registered for use on
grasses grown for seed are effective for controlling the weed species
addressed by their request, or do not provide adequate control, due to
timing of application, or spectrum of control. Cultural controls are
not viable alternatives due to the soil type, steep terrain, density of
grass stand; or adaptability of the weed species to various grass seed
production systems, such as varying planting date, row spacing, or
grass variety planted. In grass seed production, the presence of
noxious weed seeds like wild oat, results in significant discounts to
the sale prices, and certain states and countries completely prohibit
sale of grass seed containing noxious weed species; thus, growers
suffer losses of significant sales. Certain weed species can also cause
yield losses of up to 50%

under moderate to high infestation levels. Therefore, ODA states that
an urgent and non-routine situation has arisen, with significant
economic losses expected. After having reviewed the submission, EPA
determined that emergency conditions exist for this State, and that the
criteria for an emergency exemption are met. EPA has authorized under
FIFRA section 18 the use of fenoxaprop-ethyl on grasses grown for seed
for control of grassy weeds in Oregon.
    As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of fenoxaprop-
ethyl in or on grass forage and hay. In doing so, EPA considered the
safety standard in section 408(b)(2) of FFDCA, and EPA decided that the
necessary tolerance under section 408(l)(6) of FFDCA would be
consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing this tolerance
without notice and opportunity for public comment as provided in
section 408(l)(6) of FFDCA. Although these time-limited tolerances
expire and are revoked on December 31, 2010, under section 408(l)(5) of
FFDCA, residues of the pesticide not in excess of the amounts specified
in the tolerance remaining in or on grass forage and hay after that
date will not be unlawful, provided the pesticide was applied in a
manner that was lawful under FIFRA, and the residues do not exceed a
level that was authorized by these time-limited tolerances at the time
of that application. EPA will take action to revoke these time-limited
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
    Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
fenoxaprop-ethyl meets FIFRA's registration requirements for use on
grasses grown for seed or whether permanent tolerances for this use
would be appropriate. Under these circumstances, EPA does not believe
that this time-limited tolerance decision serves as a basis for
registration of fenoxaprop-ethyl by a State for special local needs
under FIFRA section 24(c). Nor do these tolerances serve as the basis
for persons in any State other than Oregon to use this pesticide on
these crops under FIFRA section 18 absent the issuance of an emergency
exemption applicable within that State. For additional information
regarding the emergency exemption for fenoxaprop-ethyl, contact the
Agency's Registration Division at the address provided under FOR
FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerances for combined residues of fenoxaprop-ethyl
on grass forage and hay at 0.05 ppm. EPA's assessment of exposures and
risks associated with establishing time-limited tolerances follows.

A. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be determined, the lowest dose at which adverse effects of
concern are identified (the LOAEL) or a Benchmark Dose (BMD) approach
is sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the POD to take into account uncertainties
inherent in the extrapolation from laboratory animal data to humans and
in the variations in sensitivity among members of the human population
as well as other unknowns. Safety is assessed for acute and chronic
dietary risks by comparing aggregate food and water exposure to the
pesticide to the acute population adjusted dose (aPAD) and chronic
population adjusted dose (cPAD). The aPAD and cPAD are calculated by
dividing the POD by all applicable UFs. Aggregate short-term,
intermediate-term, and chronic-term risks are evaluated by comparing
food, water, and residential exposure to the POD to ensure that the
margin of exposure (MOE) called for by the product of all applicable
UFs is not exceeded. This latter value is referred to as the Level of
Concern (LOC).
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for fenoxaprop-ethyl used
for human risk assessment is discussed in Unit II. of the final rule
published in the Federal Register of April 22, 1998 (63 FR 19829) (FRL-
5782-1).

B. Exposure Assessment

    EPA believes that no changes need to be made as a result of this
section 18 emergency exemption use on grasses grown for seed, to the
conclusions of the risk assessment discussed in the final rule
published on April 22, 1998 in the Federal Register (63 FR 19829) (FRL-
5782-1) which established tolerances in barley commodities. EPA has
used barley data to estimate residues which could occur on the hay and
forage from grasses grown for seed, and this section 18 use is not
expected to change the aggregate exposure estimates from the 1998
barley assessment. This conclusion is based upon the position that this
section 18 use will not contribute to human dietary exposure for the
following reasons:
    1. This section 18 use does not involve use on human foods; and
    2. This section 18 use is unlikely to alter the dietary burden for
livestock (and corresponding residues in livestock tissues) because the
resulting feed commodities do not comprise a significant part of
livestock diet.

    Therefore, because EPA has reasonable certainty of no harm from
dietary exposure from the existing uses, and, that this use on grasses
grown for seed pursuant to the emergency exemption would not increase
dietary exposure, EPA is establishing these time-limited tolerances for
grass hay and forage.
    Since the time of the 1998 risk assessment, there has been a shift
to (+) fenoxaprop-ethyl (the r-isomer enriched (95%) formulation of
fenoxaprop-ethyl) as the primary active ingredient (also referred to as
fenoxaprop-P-ethyl to denote the direction in which it rotates
polarized light), rather than a 50:50 mix of ()fenoxaprop-
ethyl (the racemic mixture of the r- and s- isomers) both referred to
in this document as the parent, fenoxaprop-ethyl. The current tolerance
action is for fenoxaprop-ethyl, which covers both the ``+'' and ``-''
isomers. The analytical method used to determine residues of
fenoxaprop-ethyl and its metabolites, expressed as the parent, is
unable to distinguish between stereochemical isomers. Further, adequate
data was provided (for barley) to indicate that comparable residue
results are obtained from application of either the 50:50 mixture, or
the so-called ``enriched'' mixture. At the time of the change in
formulation, EPA determined that the established tolerances would
protect human health and that the existing toxicology data supported
the continued registration with the enriched formulation. EPA
determined that there was a reasonable certainty of no harm from the
continued registrations of the enriched formulation. EPA has determined
that, for the purposes of this section 18 use only, the residue data
for barley may be relied on for grass hay and forage, since the use
patterns are nearly identical. For these reasons, as well as those
given in Unit IV.B.1. and 2., the agency believes that the existing
data are adequate to support these tolerances.
    EPA concludes that establishing the tolerances for grass hay and
forage, as set forth in this document, will not change the estimated
aggregate risks, as discussed in the April 22, 1998 Federal Register.
Refer to the April 22, 1998 Federal Register document for a detailed
discussion of the aggregate risk assessments and determination of
safety. EPA relies upon those risk assessments and the findings made in
the Federal Register document in support of this action.
    Based on the risk assessments discussed in the final rule published
in the Federal Register of April 22, 1998, EPA concludes that there is
a reasonable certainty that no harm will result to the general
population, and to infants and children from aggregate exposure to
fenoxaprop-ethyl residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (electron capture gas
chromatography) is available to enforce the tolerance expression. The
method is available in the Pesticide Analytical Manual (PAM) II, and
may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    There are no established Codex tolerances for fenoxaprop-ethyl and
its metabolites in or on grass forage or hay.

VI. Conclusion

    Therefore, time-limited tolerances are established for combined
residues of fenoxaprop-ethyl [()-ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoic acid], and its metabolites (2-[4-
[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one), in or on grass hay and grass forage, both at
0.05 ppm. These tolerances expire and are revoked on December 31, 2010.

VII. Statutory and Executive Order Reviews

    This final rule establishes tolerances under sections 408(e) and
408(l)(6) of FFDCA in response to a petition submitted to the Agency.
The Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this final
rule has been exempted from review under Executive Order 12866, this
final rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with sections 408(e) and 408(l)(6) of FFDCA, such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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 this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: June 4, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.430 is amended by adding text to paragraph (b) to read
as follows:

Sec.  180.430  Fenoxaprop-ethyl; tolerances for residues.

    (a) * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances are
established for combined residues of the herbicide fenoxaprop-ethyl,
[()-ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoic acid], and its metabolites (2-[4-
[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one), each expressed as fenoxaprop-ethyl, in
connection with use of the pesticide under section 18 emergency
exemptions granted by EPA, in or on the food commodities in the
following table. The tolerances expire and are revoked on the dates
specified in the following table.

------------------------------------------------------------------------
                                                          Expiration/
             Commodity              Parts per million   revocation date
------------------------------------------------------------------------
Grass, forage.....................               0.05           12/31/10
Grass, hay........................               0.05           12/31/10
------------------------------------------------------------------------

* * * * *
[FR Doc. E8-13372 Filed 6-12-08; 8:45 am]

BILLING CODE 6560-50-S