                            SUPPORTING STATEMENT FOR
                       AN INFORMATION COLLECTION REQUEST

1. 	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a)	Title of the Information Collection:

      TITLE:  Notice of Supplemental Distribution of a Registered Pesticide Product

                    OMB No.:  2070-0044		EPA No.:  0278.13

Please note that this ICR, with the exception of this paragraph, is the same as that which is currently approved. EPA is not making any changes in this ICR because EPA is currently developing a new ICR that will consolidate this and several other approved ICRs. The consolidated ICR will include any updates to the information collection activities covered by this ICR. The renewal of this ICR without change will ensure there is no lapse in approval of this ICR while the new, consolidated ICR is under development. When the consolidated ICR is approved, EPA plans to discontinue this ICR.

      1(b)	Short Characterization/Abstract

      This information collection activity notifies the Environmental Protection Agency (EPA) of supplemental distribution of registered pesticide products.  As mandated by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, EPA is responsible for the regulation of pesticides.  Section 3 (e) of FIFRA (7 U.S.C. 136a (e)) allows pesticide products with the same formulation, label claims, and manufacturer as a registered product to be distributed under the same registration as the basic product (see Attachment A).   Pesticide registrants may distribute or sell registered pesticides under a different product name in addition to the registered name, or under a different entity's name and address.  Such distribution and sale is termed "supplemental distribution" and the product is termed a "distributor product."  EPA requires pesticide registrants who enter into supplemental distribution agreements with other companies to submit EPA Form 8570-5, Notice of Supplemental Distribution of a Registered Pesticide Product (see Attachment B).  Supplemental registrations are only an extension of a currently federally registered pesticide product.

      Distributor products must reflect any changes in formulation or labeling made to the basic registered product within the same timeframe imposed on that product.  A distributor is considered an agent of the registrant; both the registrant and the distributor may be held liable for violations pertaining to the distributed product.  In addition to notifying the Agency, an individual or entity may become a distributor upon meeting the regulatory conditions.  Distributor products must be the same as the registered product, and may not be repackaged (must remain in the producer's unopened container); distributor product labels must bear qualifications such as "distributed by," or "sold by;" the labeling must bear the same claims as the basic registered product -- with the exception of deletion of specific claims.  In addition, although the distributed product's name may be different from that of the registered product, it may not be misleading.  This information collection request (ICR) is a proposed renewal of an existing ICR currently approved by Office of Management and Budget (OMB) that is due to expire on November 30, 2016.

2 	NEED FOR AND USE OF THE COLLECTION

      2(a)	Need/Authority for the Collection

      This information is required to be submitted pursuant to Section 3 (e) of FIFRA, as amended.  Regulations pertaining to supplemental distribution of pesticide products are contained in Title 40 CFR Part 152.132 (see Attachment C).

      2(b)	Practical Utility/Users of the Data

      Section 3 (e) of FIFRA requires pesticide registrants to notify the Agency when they enter into an agreement with a second company to distribute the registrant's product under the second company and product's name.  The distributor is considered an agent of the registrant for all intents and purposes under the Act, and both the registrant and the distributor may be held liable for violations pertaining to the distributor product.  EPA's Office of Pesticide Programs (OPP) is responsible for maintaining information about supplemental distribution agreements.

3.	NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

      3(a) 	Non duplication

      This is the only information collection activity of its kind, performed only once per receipt of a notice of distributor registration. Therefore, the possibility of duplication does not exist.

      3(b)	Public Notice Required Prior to ICR submission to OMB

Pursuant to 5 CFR 1320.8(d), EPA published a Federal Register (FR) notice on April 4, 2016, soliciting comment on this information collection activity and announcing the Agency's intent to renew the OMB approval of this ICR (81 FR 19172).  No comments were received. The FR notice and the proposed renewal ICR are located in the docket for this action, which can be accessed at http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2016-0108.

      3(c)	Consultations

      Under 5 CFR 1320.8(d)(1), agencies are required to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting a renewal ICR to OMB for review and approval.  During preparation of this ICR renewal, EPA staff contacted three respondent representatives to seek feedback on the burden estimates in the ICR and the clarity of guidance provided.  Two of the representatives responded.  In summary, both agreed that our burden estimates and rates were accurate, and they did not suggest changes to our collection process.  Both suggested that e-submission would reduce their reporting burden.  The Agency is working toward the goal of full electronic submissions, including addressing CBI issues.  Our questions and their responses in full are in our docket (Attachment D).

      3(d)	Effects of Less Frequent Collection

      This activity is only conducted once per "event" (one notification is submitted per product); it is not possible to reduce the frequency of the collection.  EPA must maintain the current frequency of this collection under FIFRA Section 3 (e).

      3(e)	General Guidelines

      Long-term recordkeeping:  The only PRA-imposed guideline in 5 CFR 1320.6 that may be exceeded in this collection is the record-keeping retention period. The registrant and the distributor are expected to maintain copies of their distribution agreement (EPA Form 8570-5) as long as the registration is valid or until the parties notify EPA that they have voluntarily dissolved the distribution agreement.  Registrations are valid unless they are voluntarily canceled or withdrawn by the registrant or until EPA has cause to suspend or cancel the registration as a result of the Registration Review Program or an adverse finding by the Agency.

      Since the average period of marketability of a pesticide ranges from 15 to 30 years, the PRA-imposed guideline indicating that data, other than health, medical, or tax records need not be retained for more than 3 years generally will be exceeded in this program.

      Electronic submissions:  OMB regulations require agencies to provide a statement indicating whether the proposed collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and an explanation of the decision (5 CFR 1320.5(a)(iii)(E)).  At this time, OPP is not offering a fully electronic submission option but will soon be offering the option to submit via the Agency's Central Data Exchange (CDX) Portal.  As this information collection request indicates, both the basic product registrant and the distributor must sign the required notification.  While EPA Form 8570-5 is available and fillable online, the form currently needs to be printed out to be signed.  Once the 8570-5 form is signed by both parties, it may be mailed or submitted as a pdf via the CDX Portal.

      The CDX Portal is the Agency's way to extend full electronic submission options in keeping with the June 22, 2012 OMB memo on "Reducing Reporting and Paperwork Burdens" and other related policy and guidance.  Electronic submission via the CDX Portal should reduce the time needed to complete the form and the activities described in Sections 4 and 5 of this ICR while improving the overall quality of submissions.

      3(f)	Confidentiality

      Product distributorship data submitted by basic product registrants under FIFRA Section 3(e) are considered by OPP to contain no confidential business information (CBI).

      3(g)	Sensitive Questions

      No information of a sensitive or private nature is requested in conjunction with this information collection activity. Further, this information collection activity complies with provisions of the Privacy Act of 1974 and OMB Circular A-108.

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

      4(a)	Respondents/NAICS Codes

      Potential respondents are individuals or firms engaged in registration and distribution of pesticide products.  The North American Industrial Classification System (NAICS) code for businesses participating in this program is 325320 (Pesticide and other Agricultural Chemical Manufacturing).

      4(b)	Information Requested

         (i)	Data Items, Including Record Keeping Requirements

      Pursuant to 40 CFR 152.132, supplemental distribution of a registered pesticide is permitted if the registrant meets all of the conditions and submits a completed and signed EPA Form 8570-5, Notice of Supplemental Distribution of a Registered Pesticide Product.  Sub-section 152.132 (a) requires the registrant to furnish the following information:

 EPA registration number of the product to be distributed;
 EPA-assigned distributor company number;
 Name of the registered product to be distributed;
 Name and address of the basic product registrant;
 Name to be used on the distributed product;
 Name and address of the distributor;
 Signature and title of the distributor and date signed; and
 Signature and title of the basic product registrant and date signed.

      (ii)	Respondent Activities

      For each distributor product, the basic product registrant must send to EPA a completed Form 8570-5, signed by both the basic product registrant and the distributor (see Attachment E for instructions and EPA's requirements).  Responsibility for regulatory compliance rests primarily with the basic product registrant.  However, both the registrant and the distributor may be held liable for any violation of FIFRA.

      A registrant wishing to distribute a registered product under a different name or through a different company goes through the process summarized below:

      Summary of Steps to Notify EPA of Supplemental Distribution Agreement

Read

Read form and instructions;

Request
If necessary, obtain an EPA company number for the supplemental distributor;

Compile

Assemble information; review for accuracy and completeness;

Submit

Submit EPA Form 8570-5 to the Agency;

Store

File or otherwise maintain the information.

      Before distribution and sale of EPA-registered pesticides, a company must have an EPA-assigned company number.  If the distributor company is different from the registrant of the product and has not previously obtained an EPA company number, the company needs to obtain one before submitting the form to EPA (see Attachment F for instructions on how to obtain an EPA company number).

      The Agency estimates that one-third of the responses submitted to EPA on Form 8570-5 are completed using newly-assigned company numbers.  This is a conservative estimate because the number of entities submitting requests to EPA for company number assignment as part of the process for a supplemental distribution agreement is often very low compared to the total number of forms that use newly-assigned distributor company numbers.  The primary reason for such a discrepancy is that companies often establish multiple distribution agreements for multiple products, either with the same or with different registrants, and notifications for all of those products get submitted around the same time period.  The exact number of company number requests that are submitted specifically for the purposes of becoming a distributor cannot be determined at this time, and EPA has used a larger estimate of one-third.

5.	THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

      5(a)	Agency Activities

      Upon receipt of Notices of Supplemental Distribution of a Registered Pesticide Product, EPA Form 8570-5, the front-end process involves the following activities:

 receive distribution notices;
 pin-punch forms with date of receipt;
 make copies of the forms;
 screen forms for completeness of information; contact the registrant when needed;
 send letters of receipt to the registrants, including copies of the pin-punched forms;
 if items need to be corrected, include a correction checklist with the letter;
 send forms for review and follow up by product teams where the original product was registered;
 enter information from reviewed forms in database under the basic registration file; and,
 scan original forms into an electronic filing system.

      Consistent with labeling regulation 40 CFR 156.10, starting in 2010, a product team reviews the product information submitted on the form.  The team verifies the registered product information and ensures that the distributor product name is in compliance with labeling as well as supplemental distribution regulations.  If needed, EPA staff follows up with the registrant through the OPP division where the original product is registered.  After product team review, the information is entered in an electronic database under the original registration of the product.  The pin-punched forms are maintained in electronic records.

     Summary of Steps for Reviewing and Recording Notification Information
Assign
Assign an EPA company number to the supplemental distributor if the company does not already have one.

Verify

Verify the regulatory status of the primary registration that is to be supplementally distributed;

Acknowledge receipt

Provide receipt of the supplemental distribution notice by mailing a copy of it to the distributor company;
Product information review
Check distributor product information; if necessary, follow-up with registrant; make decisions.

Process information

Enter information from EPA Form 8570-5 (Notice of Supplemental Distribution of a Registered Pesticide Product)  into an electronic "Distributor File," a part of the Office of Pesticide Programs Integrated Network (OPPIN);

File and maintain information

Electronically file date-stamped form in the regulatory file of the parent Section 3 registration.  This file is maintained by OPP at the Information Services Center.

      5(b)	Collection Methodology and Management

      Registrants voluntarily enter into agreements with distributors.  They are required, under FIFRA, to notify the Agency of these agreements.  EPA maintains the original notifications in the regulatory file of the parent Section 3 registration at the OPP Information Services Center.

      5(c)	Small Entity Flexibility

      Most of the companies participating in this program would qualify as small entities.  The Agency closely examined potential burdens to small entities and instituted changes to this program in 1984.  At that time, OMB approved the changes.  The Agency also re-evaluated the general burden categories in 1986.  The Agency believes that the burden imposed by this activity has been minimized to what is believed to be the minimal level at which this program can effectively function under the requirements specified in the FIFRA and the regulations for the enforcement of FIFRA.

      5(d)	Collection Schedule

      Not applicable.  This activity is conducted only once per "event" when the registrant submits a Notice of Supplemental Distribution of a Registered Pesticide Product, to the Agency.  Therefore, there is no set schedule for collection of this information.

6. 	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6(a)	Estimating Respondent Burden

      The burden associated with this collection of information is estimated to be approximately 19 minutes per response. To complete Form 8570-5, a distributor's EPA-assigned company number must be included.  Distributors without an EPA company number must send a formal request letter on company letter-head to the Agency to get one assigned (Attachment F).  EPA estimates that one-third of the responses submitted to EPA on Form 8570-5 are completed using newly-assigned company numbers.  This is a conservative estimate; the actual number may be much lower because companies often enter into distributor agreements to distribute two or more registered products.  The number of entities submitting requests to EPA for company number assignment during the reporting period is far fewer than the total number of forms that use newly-assigned distributor company numbers.
      Due to an overall increase in the number of supplemental distribution notifications received by the Agency over the last several years, the total burden hours has increased.  Whereas EPA had expected to receive about 1,451 notice submissions annually over the past 3 years, based on the actual number of submissions received annually over that period (1,904 in FY2012, 1,822 in FY2013, and 1,930 in FY2014), the Agency now expects to receive about 1,885 notice submissions annually over the next 3 years.  Given this change, EPA estimates the total annual burden associated with the notice of supplemental distribution of a registered pesticide product to be 603 hours, as shown below:

      Total annual notification burden for forms
            =  	number of ALL responses per year   x   time to complete notification
      =  	1,885 x 0.32 hours
      =  	603.2 hours

      Total annual respondent burden is estimated to be = 603 hours

      6(b)	Estimating Respondent Costs

      Consistent with recent ICR renewals, OPP is using labor cost estimates from Agency economists with respect to wages, benefits and overhead for all labor categories for affected industries, state government, and EPA employees.  This approach uses a transparent and consistent methodology and current publicly-available data to provide more accurate estimates and allow easy replication of the estimates.

Table 1.  Methodology Used to Calculate Labor Costs
Labor Cost Approach
Description
Methodology:
The methodology uses data on each sector and labor type for an Unloaded wage rate (hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + benefits), and the Fully loaded wage rate (loaded wage rate + overhead).  Fully loaded wage rates are used to calculate respondent costs.  This renewal uses data from 2014, which is the most recent.
Unloaded Wage Rate:
Wages are estimated for occupations (management, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry-Specific Occupational Employment and Wage Estimates from the Bureau of Labor Statistics (BLS) at http://www.bls.gov/oes/current/oes_nat.htm.
Sectors:
The specific North American Industry Classification System (NAICS) code and website for each sector is included in that sector's wage rate table.  Within each sector, the wage data are provided by Standard Occupational Classification (SOC).  The SOC system is used by Federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm).
Loaded Wage Rate:
Benefits represent 46.3% of unloaded wage rates, based on benefits for all civilian non-farm workers, from http://www.bls.gov/news.release/ecec.t01.htm.
Fully Loaded Wage Rate:
The loaded wage rate is multiplied by 50% (EPA guidelines 20-70%) to get overhead costs.

      A copy of the formula work sheets used to estimate the labor rates and to derive the registrants' fully loaded rates and overhead costs for this renewal are listed in Attachment G.

Table 2.  Estimated Respondent Burden/Cost per Supplemental Distribution Application

                                  REGISTRANT
                                 HOURS, RATES
                                     TOTAL
Collection Activities
                                  Mgmt, $/hr
                                Technical, $/hr
                                Clerical, $/hr
                                     Hours
                                     Costs

                                                                       $135.39
                                    $69.33
                                                                        $45.19

Read instructions
                                     0.08
                                       -
                                       -
                                     0.08
                                                                        $10.83
Process, compile, review information for accuracy and appropriateness
                                     0.05
                                       -
                                       -
                                     0.05
                                                                         $6.77
If necessary, obtain an EPA company number for the supplemental distributor
                                       -
                                       -
                                     0.08
                                     0.08
                                                                         $3.62
Complete and submit EPA Form 8570-5
                                     0.03
                                       -
                                       -
                                     0.03
                                                                         $4.06
Store, file, or maintain information
                                       -
                                       -
                                     0.08
                                     0.08
                                                                         $3.62
Total
                                     0.16
                                       0
                                     0.16
                                     0.32
                                                                        $28.89
ANNUAL BURDEN: 	603 Hours	(= 0.32hrs X 1,885 responses)
ANNUAL COSTS: 		$54,463  	(=0.32hrs X $28.89 average hourly wage rate)

      6(c)	Estimating Agency Burden and Cost

      To determine Agency costs, the Agency used the Bureau of Labor Statistics estimates of labor rates for the North American Industry Classification System code for the Federal Executive Branch (NAICS 999100). Historical Submissions

      Table 3 summarizes the Agency process in reviewing the supplemental distribution applications, with associated hours and costs for each task.  A copy of the formula work sheets used to estimate the labor rates and to derive the Agency's fully loaded rates and overhead costs for this renewal are listed in Attachment H.

Table 3.  Estimated Agency Burden/Cost per Supplemental Distribution Application
AGENCY
HOURS, RATES *
TOTAL
Collection Activities
Mgmt, $/hr
Technical, $/hr
Clerical, $/hr
                                     Hours
                                     Costs

                                                                       $124.09
                                                                        $81.53
                                                                        $46.42

If necessary, assign an EPA company number to the supplemental distributor.1
                                       -
                                       -
                                     0.08
                                     0.08
                                                                        $3.711
Verify, acknowledge receipt2
                                       -
                                       -
                                     0.03
                                     0.03
                                                                         $1.39
::         Initial product screening3
                                       -
                                     0.36
                                       -
                                     0.36
                                                                        $29.35
::         Product review meeting3
                                     0.63
                                       -
                                       -
                                     0.63
                                                                        $78.18
::         Process disapproved product distribution information3
                                       -
                                     0.42
                                       -
                                     0.42
                                                                        $34.24
Process: Enter form information into electronic file in OPPIN
                                       -
                                      0.5
                                       -
                                      0.5
                                                                        $40.77
File and maintain information
                                       -
                                     0.02
                                       -
                                     0.02
                                                                         $1.63
Total
                                     0.63
                                      1.3
                                     0.11
                                     2.04
                                                                       $59.204
* U.S. Department of Labor, Bureau of Labor Statistics. (2014)  May 2014 National Industry-Specific Occupational Employment and Wage Estimates; NAICS 999100  -  Federal Executive Branch (OES Designation). Available from BLS Web site at http://www.bls.gov/oes/current/naics4_999100.htm
   [1]This step is only necessary in a third of cases based on conservative estimates from historical data. In the calculations the maximum time was used, but the expected cost $1.24 (1/3 * $3.71) was used for total.
   [2]Approximately 90% of forms received by EPA are completed correctly and undergo standard processing, requiring only clerical and technical labor types.
   [3] The rest of the forms (approximately 10%) require review by the Agency's product review team, requiring all three types of labor.  In the calculations the maximum time was used, but the expected cost $14.18 [10% * $141.77 (29.35+78.18+34.24)] was used for total.
        [4] $1.24 (footnote 1) + $1.39 + $14.18 (footnote 3) + $40.77 + $1.63 = $59.20

      The total annual Agency burden associated with the notice of supplemental distribution of a registered pesticide product is 1,260 hours. The tasks marked by the superscript 2 represent the review process in which some of the product information must be reviewed by the Agency to determine that supplemental distributed product names are consistent with 40 CFR 156.10 (5)  and are not "misleading."  The annual total Agency cost is $111,592 an increase from $76,589 of the 2012 ICR due to the increase in the average amount of submissions (2011-1,451 to 2014-1,885), and the wage rate.

      6(d)	Bottom Line Burden Hours and Cost Tables

	Total Annual Respondent and Agency Burden and Costs

                                     Total

                                     Hours
                                     Costs
Annual Respondent Burden/Cost Estimates
                                      603
                                   $54,463
Annual Agency Burden/Cost  Estimates
                                     1260
                                   $111,592

      6(e)	Reasons for Change in Burden

      The total annual respondent burden associated with the notice of supplemental distribution of a registered pesticide product is 603 hours, a 216 hour increase from 387 hours estimated in the ICR from 2012.  This increase is an adjustment based on the average number of supplemental registrations received by the EPA over the last three years which was approximately 1,885 responses per year (1,904 in FY2012, 1,822 in FY2013, and 1,930 in FY2014).  Based on these numbers, the Agency estimates that it will receive an average of 1,885 supplemental registrations annually for the next three years.

      6(f)	Burden Statement

      The total estimated annual respondent paperwork burden to comply with this information collection activity is 603 hours, or about 19 minutes per response.  This estimate includes the time needed to review instructions; utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to respond to a collection of information; search existing data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable (see Attachment I).

	The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPP-2016-0108, which is available for online viewing at http://www.regulations.gov, or in person viewing at the OPP Docket in the Environmental Protection Agency Docket Center (EPA/DC), located in EPA West, Room 3334, 1301 Constitution Ave, NW, Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Public Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP Docket is<PHONE_NUMBER>. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

      Comments regarding burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden may be submitted to EPA electronically through http://www.regulations.gov or by mail addressed to Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. You can also send comments to the Office of Information and Regulatory Affairs, of the Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Include docket ID No. EPA-HQ-OPP-2016-0108 and OMB number 2070-0044 in any correspondence. Follow the online instructions for submitting comments online.  Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
                               ATTACHMENTS LIST
All of the attachments listed below can be found in the docket for this ICR (unless otherwise noted), accessible electronically through http://www.Regulations.gov On the main page, select Advanced Search from the menu bar at the top and select Docket Search. Enter the Docket ID Number, EPA-HQ-OPP-2016-0108, in the Docket ID field. Click on the Submit button. From the results page, you will be able to link to the docket view or directly open select documents found in the docket.

Attachment A
7 U.S.C. 136a  -  Section 3 of FIFRA. Also available at online at the US House of Representatives' US Code website.
Attachment B
EPA Form 8570-5 - Notice of Supplemental Distribution of a Registered Pesticide Product
Also online at http://www.epa.gov/opprd001/forms/8570-5.pdf
Attachment C
40 CFR Part 152.132 - Obligations and Rights of Registrants - Supplemental Distribution.  Also available online at the National Archives and Records Administration's Electronic CFR Website.
Attachment D
Consultations: List of Standard Questions and Industry Responses
Attachment E
Requirements for Approval of Supplemental Distribution
Also available at: http://www.epa.gov/opprd001/registrationmanual/chapter9.html
Attachment F
How to Obtain an EPA Company Number
http://www.epa.gov/pesticides/registrationkit/company-num_addr-chg.pdf
Attachment G
Work Sheets used to Calculate Registrant & EPA Wage Rates
Attachment H
Display Related to OMB Control #2070-0044  -  Listings of Related Regulations in 40 CFR 9.1
Also available online at the National Archives and Records Administration's Electronic CFR Website.


D 34 Appendix D 2. Dissolved, Particulate, and Estimated Total Organic Carbon for Streams and Lakes by State ( as presented in EPA Document # 822 B 98 005)

Streams Lakes State POC DOC Est. TOC Est. DOC: TOC POC DOC Est. TOC Est. DOC: TOC AK 0.54 4.6 5.14 89.49 0.53 6.4 6.93 92.35 AL 0.72 3.4 4.12 82.52     AR 0.8 7.2 8 90.00 0.4 2.7 3.1 87.10 AZ 0.71 5.2 5.91 87.99 0.52 4.2 4.72 88.98 CA 1.13 8.2 9.33 87.89 0.32 2.3 2.62 87.79 CO 1.29 8.6 9.89 86.96     CT 0.71 4.8 5.51 87.11     DC         DE* 0.7 7.1 7.8 91.03     FL^ 0.68 16.1 16.78 95.95 2.9 12.1 15 80.67 GA 0.67 4.3 4.97 86.52     HI 0.59 4 4.59 87.15     IA 1.79 11.6 13.39 86.63     ID 0.6 3.2 3.8 84.21     IL 1.77 6.8 8.57 79.35 0.12 4.7 4.82 97.51 IN 0.71 9.2 9.91 92.84     KS 1.75 5.2 6.95 74.82 1.53 4.5 6.03 74.63 KY 0.75 3.1 3.85 80.52     LA 1.52 6.9 8.42 81.95 0.65 5.6 6.25 89.60 MA 0.47 5.9 6.37 92.62     MD 1.66 3.7 5.36 69.03     ME 0.46 15.3 15.76 97.08     MI 0.58 6.3 6.88 91.57 0.32 2.7 3.02 89.40 MN 1.79 12.2 13.99 87.21 0.16 4.8 4.96 96.77 MO 0.56 4.2 4.76 88.24     MT 0.9 9.4 10.3 91.26 0.91 8.2 9.11 90.01 NC 1.14 11.5 12.64 90.98     ND 1.14 14.5 15.64 92.71 0.8 14.9 15.7 94.90 NE 1.84 6.8 8.64 78.70     NH 0.28 4.2 4.48 93.75     NJ 0.69 5.5 6.19 88.85 1.04 5 6.04 82.78 NM 1.43 6.3 7.73 81.50 0.51 5.2 5.71 91.07 NV 0.82 4.2 5.02 83.67     NY 1.4 4 5.4 74.07 0.46 2.4 2.86 83.92 OH 0.57 5 5.57 89.77 0.49 2.6 3.09 84.14 OK^ 1.27 7.7 8.97 85.84 1.72 15 16.72 89.71 OR*^ 1.14 2.1 3.24 64.81 0.64 4.4 5.04 87.30 PA 2.19 5.4 7.59 71.15 0.63 3.2 3.83 83.55 RI* 0.42 8.3 8.72 95.18     SC 0.7 5.7 6.4 89.06     SD 1.25 7.6 8.85 85.88     TN 0.67 2.3 2.97 77.44     TX 1.33 6.5 7.83 83.01 1.55 10.3 11.85 86.92 UT^ 1.38 8.9 10.28 86.58 0.5 2.4 2.9 82.76 VA 0.81 4.7 5.51 85.30     VT 0.31 4.5 4.81 93.56     WA 1.52 5.4 6.92 78.03 0.61 2.8 3.41 82.11 WI 1.03 9.2 10.23 89.93 0.16 4.1 4.26 96.24 WV 0.63 2.8 3.43 81.63     Streams Lakes State POC DOC Est. TOC Est. DOC: TOC POC DOC Est. TOC Est. DOC: TOC D 35 WY 1.07 8.2 9.27 88.46

Mean 85.71 Mean 87.84 Max 97.08 Max 97.51 Min 64.81 Min 74.63 * States where sample size was low for streams. ^ States where sample size was low for lakes.


[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75488-75490]
[FR Doc No: 2023-24078]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0965; Airspace Docket No. 23-AGL-8]
RIN 2120-AA66

Amendment of VOR Federal Airways V-158 and V-172; Polo, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Very High Frequency Omnidirectional Range
(VOR) Federal airways V-158 and V-172 in the vicinity of Polo, IL. The
amendments are due to the planned decommissioning of the VOR portion of
the Polo, IL (PLL), VOR/Distance Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Polo VOR is being decommissioned as part
of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, January 25, 2024. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
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 modifies the Air Traffic Service (ATS) route structure
as necessary to preserve the safe and efficient flow of air traffic
within the National Airspace System (NAS).

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-0965 in the Federal Register (88 FR 23595; April 18, 2023),
proposing to amend VOR Federal airways V-158 and V-172 due to the
planned decommissioning of the VOR portion of the Polo, IL, VOR/DME
NAVAID. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. One
comment was received.
    The commenter stated the FAA should keep the Polo VOR and
associated VOR Federal airways, V-158 and V-172, because
decommissioning them represented an aeronautical navigation challenge
to instrument flight rules (IFR) aircraft not yet equipped with an IFR
suitable global positioning system (GPS) and as a backup to GPS
navigation, since there is a lack of other suitable VOR navigational
aids in the area.
    The VOR MON is designed to enable aircraft, having lost Global
Navigation Satellite System (GNSS) service, to revert to conventional
navigation procedures and enable aircraft to proceed to a MON airport
where an Instrument Landing System (ILS) or VOR approach procedure can
be flown without the necessity of GPS.
    In December 2011, the FAA published a notice of proposed policy and
request for comments in the Federal Register (76 FR 77939). The notice
addressed the FAA's proposed strategy for reducing the current VOR
network to a Minimum Operational Network (MON) in support of
transitioning the NAS to performance-based navigation (PBN) as part of
the Next Generation Air Transportation System (NextGen). The FAA
announced that, as part of a NAS Efficient Streamlined Services
Initiative, the number of VORs would be reduced while more efficient
Area Navigation (RNAV) routes and procedures would be implemented
throughout the NAS. The notice stated that the FAA, with assistance of
a work group, would develop a candidate list of VORs for discontinuance
using relevant operational, safety, cost, and economic criteria.
    In response to comments received to the notice of proposed policy,
the FAA published a disposition of comments notice in the Federal
Register (77 FR 50420; August 21, 2012), stating it would develop an
initial VOR MON discontinuance plan which would be made publicly
available. As a result, the FAA convened a working group for developing
the objective criteria to be used to help identify those VORs that
would remain operational. Stakeholders, aviation industry, and military
services provided further input to the FAA for consideration in
developing the criteria to select VORs that needed to be retained as a
part of the MON. With this collective input, the FAA developed the
criteria to determine which VORs would be retained. The VORs not
meeting these criteria were considered discontinuance candidates.
    As referenced in the NPRM, the FAA published its VOR MON final
policy statement in the Federal Register (81 FR 48694; July 26, 2016).
In that notice, the

candidate list of VORs to be discontinued was announced. The Polo, MI,
VOR was announced as a candidate VOR for discontinuance. The FAA
remains committed to its final policy statement and plan to retain an
optimized VOR MON that enables pilots to revert from PBN to
conventional navigation for approach, terminal, and enroute operations
in the event of a GPS outage. This action supports the NAS transition
from ground-based to satellite-based navigation consistent with the
FAA's NextGen goals and the NAS Efficient Streamlined Services
Initiative.
    The commenter also stated that if the Polo VOR is decommissioned,
there will not be any usable NAVAID between the Moline, IL, VOR and the
DuPage, IL, VOR (a distance of 108 nautical miles (NM)) which is
outside of the current VOR service volume, nor would there be any
usable VOR connecting the Dubuque, IA, VOR/Tactical Air Navigation
(VORTAC) with the Chicago area DuPage, IL, and Joliet, IL, VORs. The
commenter continued that flying between the Dubuque, IA, VORTAC and the
Joliet, IL, VOR/DME would put pilots outside current VOR service
volumes due to significant limitations imposed on the Dubuque VOR and
the limited ranges of the Davenport and Moline VORs.
    In response, the FAA offers that although the route between the
Moline VOR/DME and the DuPage, IL, VOR/DME is approximately 108 NM,
pilots flying direct between those two VORs today are required to have
their aircraft RNAV equipped since the distance, as stated, is beyond
the service volume of the two NAVAIDS. However, there are other VOR
Federal airway alternatives in the area that allow pilots to navigate
between the Moline and DuPage VORs. A pilot could choose to navigate
between the Moline and DuPage VORs via V-63 between the Moline VOR/DME
and the Davenport, IA, VORTAC, then via V-6 between the Davenport
VORTAC and the DuPage VOR/DME.
    Likewise, there will continue to be VOR Federal airway alternatives
available for navigating between the Dubuque, IA, area and the Chicago
area DuPage, IL, and Joliet, IL, VORs. To navigate between the Dubuque
VORTAC and DuPage VOR/DME, pilots may navigate via V-129 between the
Dubuque and Davenport VORTACs, then via V-6 between the Davenport
VORTAC and the DuPage VOR/DME. Alternatively, a pilot could choose to
navigate between the Dubuque VORTAC and the Joliet VOR/DME via V-129
between the Dubuque VORTAC and the GENSO Fix, then via V-8 between the
GENSO Fix and the Joliet VOR/DME.
    Additionally, pilots may continue to navigate between the Dubuque,
IA, area and the Chicago area Northbrook, IL, VOR/DME via V-246 between
the Dubuque VORTAC and the Janesville, IL, VOR/DME, then via V-24
between the Janesville VOR/DME and the Northbrook VOR/DME.
    Finally, pilots, regardless of flying under instrument flight rules
or visual flight rules, may always request radar vectors from air
traffic control for navigation assistance in the area or file and fly
point-to-point using the Fixes and waypoints that will remain in the
area if their aircraft is RNAV equipped.
    Lastly, the commenter stated that the FAA's plan to use VORs with
the new VOR service volumes, labeled as VOR Low (VL) and VOR High (VH),
as a backup plan in the event of a GPS outage did not provide
sufficient coverage in the vicinity of the Polo VOR/DME due to the
operational limitations imposed on the Dubuque VORTAC and the
Northbrook VOR/DME. The commenter thought that the Polo VOR and
associated V-158 and V-172 airways segments should be retained until
the limitations currently being imposed on the Dubuque and Northbrook
VORs can be removed and the service volumes of the Joliet VOR/DME and
the Davenport VORTAC can be increased to ensure signal coverage
throughout the entire area.
    As stated previously, the FAA remains committed to its final policy
statement and plan to retain an optimized VOR MON that enables pilots
to revert from PBN to conventional navigation for approach, terminal,
and enroute operations in the event of a GPS outage. The limitations
with the four listed VORs, Dubuque, Northbrook, Joliet, and Davenport,
exist today due to the VOR type, user retention requirements, or an
increase in tree/terrain blockage occurring over time causing certain
radials of the VORs to become unusable. The limitations imposed on
these four VORs do not affect the normal operation of the VORs until
exceeding 40 NM below 14,500 feet mean seal level (MSL). Whether the
Polo VOR remains operational or is decommissioned does not change the
existing limitations on the four VORs, nor would it effect the use of
the VOR Federal airway alternatives identified for pilots to continue
navigating through the affected area. The FAA has determined that with
the planned decommissioning of the Polo VOR, there remains sufficient
conventional navigation enroute structure in place to enable pilots to
navigate from the Dubuque, IA; Cedar Rapids, IA; or Moline, IL, areas
into the Chicago Metropolitan Area.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. This amendment action will be published in
the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending VOR Federal airways
V-158 and V-172 due to the planned decommissioning of the VOR portion
of the Polo, IL, VOR/DME. The airway actions are described below.
    V-158: Prior to this final rule, V-158 extended between the Mason
City, IA, VOR/DME and the intersection of the Polo, IL, VOR/DME
122[deg] and Davenport, IA, VORTAC 087[deg] radials (SHOOF Fix). The
airway segment between the Dubuque, IA, VORTAC and the intersection of
the Polo, IL, 122[deg] and Davenport, IA, 087[deg] radials (SHOOF Fix)
is removed. As amended, the airway now extends between the Mason City
VOR/DME and the Dubuque VORTAC.
    V-172: Prior to this final rule, V-172 extended between the
Columbus, NE, VOR/DME and the DuPage, IL, VOR/DME. The airway segment
between the Cedar Rapids, IA, VOR/DME and the DuPage, IL, VOR/DME is
removed. As amended, the airway now extends between the Columbus VOR/
DME and the Cedar Rapids VOR/DME.
    The NAVAID radials contained in the VOR Federal airway descriptions
listed below in The Amendment section are unchanged and stated in
degrees True north.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending VOR Federal
airways V-158 and V-172, due to the planned decommissioning of the VOR
portion of the Polo, IL, VOR/DME NAVAID, qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points); and paragraph 5-
6.5i, which categorically excludes from further environmental impact
review the establishment of new or revised air traffic control
procedures conducted at 3,000 feet or more above ground level (AGL);
procedures conducted below 3,000 feet AGL that do not cause traffic to
be routinely routed over noise sensitive areas; modifications to
currently approved procedures conducted below 3,000 feet AGL that do
not significantly increase noise over noise sensitive areas; and
increases in minimum altitudes and landing minima. As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

0
1. The authority citation for 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 JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-158 [Amended]

    From Mason City, IA; INT Mason City 106[deg] and Dubuque, IA,
293[deg] radials; to Dubuque.
* * * * *

V-172 [Amended]

    From Columbus, NE; Omaha, IA; INT Omaha 066[deg] and Newton, IA,
262[deg] radials; Newton; to Cedar Rapids, IA.
* * * * *

    Issued in Washington, DC.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-24078 Filed 11-2-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16918-16920]
[FR Doc No: 2018-07988]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-2013-0194; FMCSA-
2014-0012; FMCSA-2014-0013; FMCSA-2015-0342; FMCSA-2015-0343; FMCSA-
2016-0034]

Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 191
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before May 17,
2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0382; FMCSA-2011-0383;
FMCSA-2013-0194; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2015-0342;
FMCSA-2015-0343; FMCSA-2016-0034 using 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.
    The 191 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 191 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (77 FR 10612; 77 FR 13686;
77 FR 20874; 77 FR 25227; 79 FR 6987; 79 FR 10612; 79 FR 14579; 79 FR
18388; 79 FR 27685; 79 FR 28590; 81 FR 10703; 81 FR 14179; 81 FR 14197;
81 FR 39318; 81 FR 40743; 81 FR 42043; 81 FR 85317). They have
maintained their required medical monitoring and have not exhibited any
medical issues that would compromise their ability to safely operate a
CMV during the previous two-year exemption period. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each of these drivers for a
period of two years is likely to achieve a level of

safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of April and
are discussed below:
    As of April 1, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 84 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 6987; 79 FR
18388; 81 FR 10703; 81 FR 40743; 81 FR 85317):

Dennis D. Basmajian (PA)
Glen A. Bayne (ND)
John R. Benshoff (OH)
Harry Berrios (MA)
Terry D. Bettcher (NE)
Jeremy S. Beyerl (PA)
Robert P. Blum (IA)
Mario Boccio (FL)
Christopher J. Branham (SC)
Willard A. Brown (VA)
Terrence K. Cannon (IL)
Candace L. Coccimiglio (PA)
Matthew C. Costa (MA)
Joseph F. Coyle (KY)
Robert P. Crisp (SD)
Philip W. Cumbie (AL)
John H. Cuppett (GA)
Quentin W.S. Dasilva (PA)
Trisha J. Davis (ME)
Eudes N. De Leon (PA)
Randal L. DeBord (TN)
Aleksandr Faynkikh (NY)
Paul D. Ferris (NY)
Berry C. Feuerbacher (AR)
Isaac W. Fitzgerald (UT)
Alex C. Ford (IL)
Robert C. Freeman (VA)
Timothy D. Frye (MA)
Larry Gaskill (RI)
Thomas H. Gaskins (NC)
Samuel J. Gonzales (NM)
Gary A. Grant (WA)
Brian C. Halcomb (IL)
Steven R. Hatch (MI)
William D. Herman (MN)
Floyd E. Holt (VA)
Randall L. Jastram (SD)
Thomas M. Johnson (NM)
Steven R. Jordan (NC)
Kevin A. Kane (NY)
Ryan B. Kincade (CA)
William M. LaPrade (VA)
Gerald Lee (CA)
Timothy R. Lewis (OR)
Gregory J. Littlefield (MN)
John Malloy (PA)
James W. McMenamin (PA)
Glen H. Miller (MI)
Daniel J. Milles, Jr. (FL)
Miguel A. Molina (CO)
Douglas B. Murrell (IN)
Joshua A. Myers (OH)
William C. Nelson (IA)
Howard L. Nelson (IA)
Chris R. Niles (WA)
Keith E. Osterbaan (MI)
Ryan M. Ottis (ND)
Bolaji B. Oyegbola (DC)
Steven M. Parsons (WV)
Teddy D. Peller (AL)
Jeffrey P. Peloquin (NC)
Scott A. Pietruszynksi (IL)
William L. Reece (ND)
John P. Reed, III (DE)
Randy D. Rinnels (IA)
Denise D. Ruffin (MS)
Thomas W. Scott, Jr. (PA)
Charles L. Spencer (NY)
Ryan E. Stretch (MO)
William F. Sullivan, IV (NY)
Robert B. Thomas (PA)
John R. Thompson (WI)
Raymond L. Torrez (MI)
Bore Trivuncic (FL)
William M. Turner (NJ)
Everette L. Twyman (MO)
James H. Vogt (IL)
Ronald L. Voigt (MN)
Michael P. Volpe (MA)
John F. Whitesides (NC)
Michael C.J Wilcox (NY)
Donald L. Winslow (ME)
James J. Wolf, Jr. (PA)
Kevin J. Yates (IL)

    The drivers were included in docket numbers FMCSA-2013-0194; FMCSA-
2015-0342. Their exemptions are applicable as of April 1, 2018, and
will expire on April 1, 2020.
    As of April 6, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 10612; 77 FR
20874; 81 FR 85317):

Rick J. Birdsall (NE)
Steven L. Drake (CA)
Benjamin J. Duea (MN)
Jonathan E. Hunsaker (OR)
William D. Larsen (SD)
William W. Simmons (FL)
Ronald O. Snyder (OH)
Douglas J. Wood (NY)

    The drivers were included in docket number FMCSA-2011-0382. Their
exemptions are applicable as of April 6, 2018, and will expire on April
6, 2020.
    As of April 16, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 89 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 14179; 81 FR
14197; 81 FR 39318; 81 FR 42043):

Korey D. Adams (MO)
Harold E. Adams, Sr. (IL)
Jerry J. Altenburg (WI)
Juanita K. Anderson (MN)
Chris L. Austin (AL)
Cory M. Bessette (NY)
Daryl K. Birr (WI)
Samuel E. Bostic (WV)
James R. Burch, II (NC)
Walter L. Butcher, IV (PA)
Russell W. Cadman (CO)
Michael J. Chevalier, Jr. (NJ)
James R. Cockerham (IN)
Alexander W. Coleman (WA)
Earl J. Collier, Jr. (MA)
Michael R. Conley (WI)
Carolyn J. Conover (TN)
Gary R. Craig (PA)
Sebastian Dacruz, Jr. (NJ)
Scott D. Davis (KS)
James D. Deardoff (WA)
Joel R. Farmer (ID)
Samuel M. Feaganes, Jr. (VA)
Ronald Floyd (NY)
Donald W. Fowler, Jr. (NY)
William A. Garrett (GA)
William J. Garrett (SD)
Tyrone B. Gary, Sr. (PA)
Hardy D. Glanzer (ND)
Kevin E. Griebel (SD)
Martin R. Hair (CT)
Bruce T. Hanson (MN)
Darrell E. Holtsoi (NM)
Roger J. Huffsmith (WA)
Arrington Hughes (DC)
Joseph P. Hurston (MA)
Brian K. Hyler (WI)
James A. Iozia (NJ)
Joshua D. Jaramillo (WA)
Keven E. Johnson (TX)
Calvin E. Jones, Jr. (VA)
Jerry M. Kilpatrick (AL)
Rex O. King (IA)
Russell D. Koehler (WI)
Edward D. Krager (PA)
Richard A. Lange (IL)
Michael P. Leggett (WV)
John K. Long (MA)
George S. Luce, Jr. (OH)
Russell J. Luedecker (NJ)
Renee N. Lycksell (WA)
Eugene D. Maessner (ND)
Daniel J. Mandell (NC)
Brady T. Mart (IA)
Jack L. McClintock (PA)
John D. McGinley, Jr. (CA)
Jimmie L. Melton (FL)
Gareth L. Miller (OH)
Jimmy C. Morcom (MI)
Kirk A. Mosier (IA)
Daniel A. Neuens (WI)
Peter J. Niedzwiecki (PA)
Kevin R. OToole (WI)
Mark C. Overbaugh (NY)
Mario A. Papa (RI)
Joseph R. Puliafico (NY)
Neal M. Quinton, Jr. (MA)
Howard G. Rau (MD)
Andrew W. Reid (IN)
Brett M. Rice (PA)

Jacob C. Rojan (IN)
Sholom Rub (NY)
David J. Scimecca (NY)
Ronald D. Smith (IN)
Kenneth W. Swisher (IL)
Melissa Tell (NY)
Jeremy N. Thompson (NY)
Charles R. Thompson, Jr. (KY)
Blane Tor (NJ)
Samuel C. Tracy (WA)
Terry L. Underwood, Jr. (VA)
Aaron M. Vanlanduit (MO)
William O. Wallen (IL)
Steven G. Wehrle (MO)
James H. Wilkey (ID)
Joseph M. Wilson, II (WA)
Joseph A. Wilson, Sr. (MA)
Jefferson Yazzie (NM)
Michael A. Zuke, Sr. (NY)

    The drivers were included in docket numbers FMCSA-2015-0343; FMCSA-
2016-0034. Their exemptions are applicable as of April 16, 2018, and
will expire on April 16, 2020.
    As of April 27, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 13686; 77 FR
25227; 81 FR 85317):

Bobby D. Bennett (GA)
Mark S. Clemence (KS)
Mike W. Holland (IL)
Dan M. McAllister (WI)
Paul F. Rivers (MN)
Marcus V. Romo (ID)
Wayne L. Snyder (OH)
Justin K. Zimmerschied (KS)

    The drivers were included in docket number FMCSA-2011-0383. Their
exemptions are applicable as of April 27, 2018, and will expire on
April 27, 2020.
    As of April 30, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 10612; 79 FR
14579; 79 FR 27685; 79 FR 28590; 81 FR 85317): Charles L. Bryant, (PA);
Christopher P. Martin, (NH).
    The drivers were included in docket numbers FMCSA-2014-0012; FMCSA-
2014-0013. Their exemptions are applicable as of April 30, 2018, and
will expire on April 30, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must submit an annual ophthalmologist's
or optometrist's report; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 191 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07988 Filed 4-16-18; 8:45 am]
 BILLING CODE 4910-EX-P