[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Notices]
[Page 49445-49447]
[DOCID:fr23au06-61]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0202; FRL-8089-1]

Lindane; Notice of Receipt of Requests to Voluntarily Cancel
Lindane Pesticide Registrations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY:  In accordance with section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is
issuing a notice of receipt of requests by registrants to voluntarily
cancel products containing the pesticide lindane. The requests would
terminate the last lindane products registered for use in the U.S. EPA
intends to grant these requests at the close of the comment period for
this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw their requests within this
period. Upon acceptance of these requests, any sale, distribution, or
use of products listed in this notice will be permitted only if such
sale, distribution, or use is consistent with the terms as described in
the final order.

DATES:  Comments must be received on or before September 22, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0202, 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
Building), 2777 S. Crystal Drive, 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 telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0202. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an anonymous
access system, which means EPA will not know your identity
or contact information unless you provide it in the body of your
comment. If you send an e-mail comment directly to EPA without going
through regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
docket and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of

special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., 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 OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, 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 telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT:  Mark T. Howard, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. 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. What Should I Consider as I Prepare My Comments for EPA?

     1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from registrants
AGSCO Inc., Chemtura USA Corporation, Drexel Chemical Company, and JLM
International Inc. to cancel 12 lindane product registrations. Lindane,
a broad spectrum, organochlorine insecticide, is used as a pre-plant
seed treatment on six crops. In letters dated July 20, 2006 (Chemtura);
July 25, 2006 (AGSCO); July 26, 2006 (Drexel); and July 27, 2006 (JLM),
the registrants requested EPA to cancel the product registrations
identified in this notice (Table 1). This action will terminate the
last lindane products registered under FIFRA in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants
to cancel lindane product registrations. The specific products and the
registrants making the requests are identified in Tables 1 and 2 of
this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The lindane registrants have requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.

    Table 1.--Lindane Product Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
400-490                           Gustafson Flowable  Chemtura USA
                                   Lindane 40%         Corporation
------------------------------------------------------------------------
400-532                           Sorghum Guard       Chemtura USA
                                                       Corporation
------------------------------------------------------------------------
400-538                           Gustafson Lindane   Chemtura USA
                                   30C Flowable        Corporation
------------------------------------------------------------------------
400-539                           Gustafson Captan    Chemtura USA
                                   Lindane 12.5-25     Corporation
------------------------------------------------------------------------
400-540                           Gustafson Vitavax-  Chemtura USA
                                   Thiram-Lindane      Corporation
                                   Flowable
                                   Fungicide
                                   Insecticide
------------------------------------------------------------------------
554-140                           DB-Green L          AGSCO Inc
------------------------------------------------------------------------

554-144                           Lindane ST-40       AGSCO Inc
------------------------------------------------------------------------
19713-61                          Lindane Technical   Drexel Chemical Co
------------------------------------------------------------------------
19713-191                         Lindane Technical   Drexel Chemical Co
------------------------------------------------------------------------
19713-387                         Lindane Flowable    Drexel Chemical Co
------------------------------------------------------------------------
19713-401                          Lindane 30%        Drexel Chemical Co
------------------------------------------------------------------------
82378-1                           Lindane Technical   JLM International
                                                       Inc.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
400                                         Chemtura USA Corporation
                                            199 Benson Road
                                            Middlebury, Connecticut
                                             06749
------------------------------------------------------------------------
554                                         AGSCO Inc.
                                            PO Box 13458
                                            Grand Forks North Dakota
                                             58208-3458
------------------------------------------------------------------------
19713                                       Drexel Chemical Co.
                                            1700 Channel Avenue, PO Box
                                             13327
                                            Memphis, Tennessee 38113-
                                             0327
------------------------------------------------------------------------
82378                                       JLM International Inc.
                                            8675 Hidden River Parkway
                                            Tampa, Florida 33637
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Lindane

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before September 22, 2006. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    If the request for voluntary cancellation is granted as discussed
above, the effective date of cancellation will be the date of the
cancellation order. EPA intends to issue a cancellation order that will
allow continued sale and/or use of existing stocks until such stocks
are exhausted, provided that such further sale and use is consistent
with the terms of the previously approved labeling on, or that
accompany, the applicable product. It is EPA's intent that the order
will specifically prohibit any use of existing stocks that is not
consistent with such previously approved labeling.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 14, 2006.

Debra Edwards,

Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-13955 Filed 8-22-06; 8:45 am]
BILLING CODE 6560-507-S


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52839-52841]
[FR Doc No: 2015-21542]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-0007-N-22]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that FRA is forwarding the regular Clearance and
renewal information Collection Requests (ICRs) abstracted below to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the following collection of information was
published on May 26, 2015 (80 FR 30109).

DATES: Comments must be submitted on or before October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Regulatory Safety
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202)
493-6292), or Ms. Kimberly Toone, Office of Information Technology,
RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail
Stop 35, Washington, DC 20590 (Telephone:<PHONE_NUMBER>). (These
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to issue two notices seeking public
comment on

information collection activities before OMB may approve paperwork
packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), and
1320.12. On May 26, 2015, FRA published a 60-day notice in the Federal
Register soliciting comment on the ICRs that the agency is seeking OMB
approval. See 80 FR 30109. FRA received no comments in response to this
notice.
    Accordingly, FRA has reevaluated and certified these information
collection activities under 5 CFR 1320.5(a), and is forwarding these
ICRs to OMB for review and approval pursuant to 5 CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the ICRs and the
expected burden. FRA is submitting these proposed information
collections to OMB for clearance as required by the PRA.
    Title: FRA Safety Advisory 2015-01, Mechanical Inspections and
Wheel Impact Detector Standards for Trains Transporting Large Amounts
of Class 3 Flammable Liquids.
    OMB Control Number: 2130-0607.
    Abstract: Recent derailments have occurred involving trains
transporting large quantities of petroleum crude oil and ethanol.
Preliminary investigation of one of these recent derailments involving
a crude oil train indicates that a mechanical defect involving a broken
tank car wheel may have caused or contributed to the incident. FRA
issued this Safety Advisory to make recommendations to enhance the
mechanical safety of the cars in trains transporting large quantities
of flammable liquids. This Safety Advisory recommended that railroads
use highly qualified individuals to conduct the brake and mechanical
inspections and recommends a reduction to the impact threshold levels
the industry currently uses for wayside detectors that measure wheel
impacts to ensure the wheel integrity of tank cars in those trains.
    Type of Request: Regular Clearance of an Information Collection
Approved under Emergency Processing
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Total Annual Estimated Responses: 351,000.
    Total Annual Estimated Burden: 6,333 hours.
    Title: FRA Safety Advisory 2015-02, Hazardous Materials:
Information Requirements Related to the Transportation of Trains
Carrying Specified Volumes of Flammable Liquids.
    OMB Control Number: 2130-0608.
    Abstract: Due to recent derailments involving ``high hazard
flammable trains'' (HHFTs), FRA and PHMSA have conducted several post-
accident investigations and to ensure that stakeholders are fully aware
of each agency's investigative authority and cooperate with agency
personnel conducting such investigations, where time is of the essence
in gathering evidence, the agencies issued a Safety Advisory (FRA
Safety Advisory 2015-02 and Docket NO. PHMSA-2015-0118, Notice No. 15-
11) to remind railroads operating HHFTs--defined as a train comprised
of 20 or more loaded tank cars of a Class 3 flammable liquid in a
continuous block, or a train with 35 or more loaded tank cars of a
Class 3 flammable liquid across the entire train--as well as the
offerors of Class 3 flammable liquids transported on such trains, of
their obligation to provide PHMSA and FRA, as expeditiously as
possible, with information agency personnel need to conduct
investigations immediately following an accident or incident.
    Type of Request: Regular Clearance of an Information Collection
Approved under Emergency Processing.
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Total Annual Estimated Responses: 50.
    Total Annual Estimated Burden: 100 hours.
    Title: FRA Emergency Order No. 30, Emergency Order Establishing a
Maximum Operating Speed Operating Speed of 40 mph in High-Threat Urban
Areas for Certain Trains Transporting Large Quantities of Class 3
Flammable Liquids.
    OMB Control Number: 2130-0609.
    Abstract: FRA issued Emergency Order No. 30 (EO or Order) to
require that trains transporting large amounts of Class 3 flammable
liquid through certain highly populated areas adhere to a maximum
authorized operating speed limit. FRA has determined that public safety
compels issuance of the Order. The Order was necessary due to the
recent occurrence of railroad accidents involving trains transporting
petroleum crude oil and ethanol and the increasing reliance on
railroads to transport voluminous amounts of those hazardous materials
in recent years. Under the EO, an affected train is one that contains:
(1) 20 or more loaded tank cars in a continuous block, or 35 or more
loaded tank cars, of Class 3 flammable liquid; and (2) at least one DOT
Specification 111 (DOT-111) tank car (including those built in
accordance with Association of American Railroads (AAR) Casualty
Prevention Circular 1232 (CPC-1232)) loaded with a Class 3 flammable
liquid. Affected trains must not exceed 40 miles per hour (mph) in
high-threat urban areas (HTUAs) as defined in 49 CFR 1580.3. This Order
took effect immediately upon issuance.
    Type of Request: Regular Clearance of an Information Collection
Approved under Emergency Processing.
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Total Annual Estimated Responses: 25.
    Total Annual Estimated Burden: 1,000 hours.
    Title: Railroad Signal System Requirements.
    OMB Control Number: 2130-0006.
    Abstract: The regulations pertaining to railroad signal systems are
contained in 49 CFR parts 233 (Signal System Reporting Requirements),
235 (Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System), and 236
(Rules, Standards, and Instructions Governing the Installation,
Inspection, Maintenance, and Repair of Systems, Devices, and
Appliances). Section 233.5 provides that each railroad must report to
FRA within 24 hours after learning of an accident or incident arising
from the failure of a signal appliance, device, method, or system to
function or indicate as required by part 236 of this Title that results
in a more favorable aspect than intended or other condition hazardous
to the movement of a train. Section 233.7 sets forth the specific
requirements for reporting signal failures within 15 days in accordance
with the instructions printed on Form FRA F 6180.14.
    Finally, Sec.  233.9 sets forth the specific requirements for the
``Signal System Five Year Report.'' It requires that every

five years each railroad must file a signal system status report. The
report is to be prepared on a form issued by FRA in accordance with the
instructions and definitions provided. Title 49 of the Code of Federal
Regulations, part 235 sets forth the specific conditions under which
FRA approval of modification or discontinuance of railroad signal
systems is required and prescribes the methods available to seek such
approval. The application process prescribed under part 235 provides a
vehicle enabling FRA to obtain the necessary information to make
logical and informed decisions concerning carrier requests to modify or
discontinue signaling systems. Section 235.5 requires railroads to
apply for FRA approval to discontinue or materially modify railroad
signaling systems. Section 235.7 defines material modifications and
identifies those changes that do not require agency approval. Section
235.8 provides that any railroad may petition FRA to seek relief from
the requirements under 49 CFR part 236. Sections 235.10, 235.12, and
235.13 describe where the petition must be submitted, what information
must be included, the organizational format, and the official
authorized to sign the application. Section 235.20 sets forth the
process for protesting the granting of a carrier application for signal
changes or relief from the rules, standards, and instructions. This
section provides the information that must be included in the protest,
the address for filing the protest, the item limit for filing the
protest, and the requirement that a person requesting a public hearing
explain the need for such a forum. Section 236.110 requires that the
test results of certain signaling apparatus be recorded and
specifically identify the tests required under Sec. Sec.  236.102-109;
236.377-236.387; 236.576; 236.577; and 236.586-589. Section 236.110
further provides that the test results must be recorded on pre-printed
or computerized forms provided by the carrier and that the forms show
the name of the railroad, place and date of the test conducted,
equipment tested, test results, repairs, and the condition of the
apparatus. This section also requires that the employee conducting the
test must sign the form and that the record be retained at the office
of the supervisory official having the proper authority. Results of
tests made in compliance with Sec.  236.587 must be retained for 92
days, and results of all other tests must be retained until the next
record is filed, but in no case less than one year. Additionally, Sec.
236.587 requires each railroad to make a departure test of cab signal,
train stop, or train control devices on locomotives before that
locomotive enters the equipped territory. This section further requires
that whoever performs the test must certify in writing that the test
was properly performed. The certification and test results must be
posted in the locomotive cab with a copy of the certification and test
results retained at the office of the supervisory official having the
proper authority. However, if it is impractical to leave a copy of the
certification and test results at the location of the test, the test
results must be transmitted to either the dispatcher or one other
designated official who must keep a written record of the test results
and the name of the person performing the test. All records prepared
under this section are required to be retained for 92 days. Finally,
Sec.  236.590 requires the carrier to clean and inspect the pneumatic
apparatus of automatic train stop, train control, or cab signal devices
on locomotives every 736 days, and to stencil, tag, or otherwise mark
the pneumatic apparatus indicating the last cleaning date.
    Type of Request: Revision of a currently approved information
collection.
    Affected Public: Businesses (Railroads).
    Form(s): FRA F 6180.47; FRA F 6180.14.
    Total Annual Estimated Responses: 1,673,546.
    Total Annual Estimated Burden: 444,883 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC, 20503,
Attention: FRA Desk Officer. Comments may also be sent via email to OMB
at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimates of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on August 26, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-21542 Filed 8-31-15; 8:45 am]
BILLING CODE 4910-06-P


0.403
                                     0.245
                                     0.158
                                     0.218
                                     0.185
                                     0.147
                                     0.256

Teton 2003
                                     0.369
                                     0.208
                                     0.161
                                     0.180
                                     0.189
                                     0.118
                                     0.251

Washakie 2001
                                     0.383
                                     0.215
                                     0.168
                                     0.187
                                     0.196
                                     0.126
                                     0.257

Washakie 2002
                                     0.422
                                     0.239
                                     0.183
                                     0.209
                                     0.213
                                     0.153
                                     0.269

Washakie 2003
                                     0.240
                                     0.145
                                     0.095
                                     0.132
                                     0.108
                                     0.104
                                     0.136

Yellowstone 2001
                                     0.201
                                     0.121
                                     0.080
                                     0.109
                                     0.092
                                     0.082
                                     0.119

Yellowstone 2002
                                     0.407
                                     0.254
                                     0.153
                                     0.228
                                     0.179
                                     0.145
                                     0.262

Yellowstone 2003
                                     0.357
                                     0.199
                                     0.158
                                     0.172
                                     0.185
                                     0.100
                                     0.257
Unit 2
Bridger 2001
                                     0.689
                                     0.407
                                     0.282
                                     0.353
                                     0.336
                                     0.257
                                     0.432

Bridger 2002
                                     1.347
                                     0.869
                                     0.478
                                     0.765
                                     0.582
                                     0.453
                                     0.894

Bridger 2003
                                     0.718
                                     0.430
                                     0.288
                                     0.372
                                     0.346
                                     0.236
                                     0.482

Fitzpatrick 2001
                                     0.380
                                     0.238
                                     0.142
                                     0.210
                                     0.170
                                     0.134
                                     0.246

Fitzpatrick 2002
                                     0.596
                                     0.391
                                     0.205
                                     0.350
                                     0.246
                                     0.241
                                     0.355

Fitzpatrick 2003
                                     0.337
                                     0.206
                                     0.131
                                     0.180
                                     0.157
                                     0.115
                                     0.222

Mt. Zirkel 2001
                                     1.072
                                     0.660
                                     0.412
                                     0.577
                                     0.495
                                     0.358
                                     0.714

Mt. Zirkel 2002
                                     1.391
                                     0.842
                                     0.549
                                     0.737
                                     0.654
                                     0.440
                                     0.951

Mt. Zirkel 2003
                                     1.198
                                     0.690
                                     0.508
                                     0.586
                                     0.612
                                     0.337
                                     0.861

Rawah 2001
                                     0.803
                                     0.471
                                     0.332
                                     0.404
                                     0.399
                                     0.241
                                     0.562

Rawah 2002
                                     0.940
                                     0.548
                                     0.392
                                     0.483
                                     0.457
                                     0.340
                                     0.600

Rawah 2003
                                     1.076
                                     0.621
                                     0.455
                                     0.529
                                     0.547
                                     0.296
                                     0.780

RMNP 2001
                                     0.568
                                     0.350
                                     0.218
                                     0.317
                                     0.251
                                     0.183
                                     0.385

RMNP 2002
                                     0.989
                                     0.612
                                     0.377
                                     0.531
                                     0.458
                                     0.311
                                     0.678

RMNP 2003
                                     0.933
                                     0.559
                                     0.374
                                     0.483
                                     0.450
                                     0.293
                                     0.640

Grand Teton 2001
                                     0.272
                                     0.170
                                     0.102
                                     0.152
                                     0.120
                                     0.094
                                     0.178

Grand Teton 2002
                                     0.311
                                     0.184
                                     0.127
                                     0.161
                                     0.150
                                     0.152
                                     0.159

Grand Teton 2003
                                     0.387
                                     0.235
                                     0.152
                                     0.204
                                     0.183
                                     0.126
                                     0.261

Teton 2001
                                     0.262
                                     0.162
                                     0.100
                                     0.145
                                     0.117
                                     0.099
                                     0.163

Teton 2002
                                     0.401
                                     0.256
                                     0.145
                                     0.227
                                     0.174
                                     0.149
                                     0.252

Teton 2003
                                     0.367
                                     0.219
                                     0.148
                                     0.189
                                     0.178
                                     0.120
                                     0.247

Washakie 2001
                                     0.381
                                     0.226
                                     0.155
                                     0.196
                                     0.185
                                     0.127
                                     0.254

Washakie 2002
                                     0.420
                                     0.252
                                     0.168
                                     0.219
                                     0.201
                                     0.154
                                     0.266

Washakie 2003
                                     0.239
                                     0.150
                                     0.089
                                     0.136
                                     0.103
                                     0.106
                                     0.133

Yellowstone 2001
                                     0.200
                                     0.125
                                     0.075
                                     0.113
                                     0.087
                                     0.083
                                     0.117

Yellowstone 2002
                                     0.405
                                     0.264
                                     0.141
                                     0.237
                                     0.168
                                     0.148
                                     0.257

Yellowstone 2003
                                     0.356
                                     0.210
                                     0.146
                                     0.181
                                     0.175
                                     0.102
                                     0.254
Unit 3
Bridger 2001
                                     0.668
                                     0.412
                                     0.256
                                     0.357
                                     0.311
                                     0.253
                                     0.415

Bridger 2002
                                     1.312
                                     0.879
                                     0.433
                                     0.771
                                     0.541
                                     0.447
                                     0.865

Bridger 2003
                                     0.696
                                     0.434
                                     0.262
                                     0.376
                                     0.320
                                     0.233
                                     0.463

Fitzpatrick 2001
                                     0.369
                                     0.241
                                     0.128
                                     0.212
                                     0.157
                                     0.133
                                     0.236

Fitzpatrick 2002
                                     0.581
                                     0.394
                                     0.187
                                     0.353
                                     0.228
                                     0.239
                                     0.342

Fitzpatrick 2003
                                     0.327
                                     0.208
                                     0.119
                                     0.182
                                     0.145
                                     0.113
                                     0.214

Mt. Zirkel 2001
                                     1.042
                                     0.667
                                     0.375
                                     0.582
                                     0.460
                                     0.354
                                     0.688

Mt. Zirkel 2002
                                     1.352
                                     0.851
                                     0.501
                                     0.744
                                     0.608
                                     0.434
                                     0.918

Mt. Zirkel 2003
                                     1.161
                                     0.698
                                     0.463
                                     0.592
                                     0.569
                                     0.332
                                     0.829

Rawah 2001
                                     0.779
                                     0.477
                                     0.302
                                     0.408
                                     0.371
                                     0.239
                                     0.540

Rawah 2002
                                     0.911
                                     0.554
                                     0.357
                                     0.487
                                     0.424
                                     0.337
                                     0.574

Rawah 2003
                                     1.042
                                     0.628
                                     0.414
                                     0.535
                                     0.507
                                     0.293
                                     0.749

RMNP 2001
                                     0.550
                                     0.353
                                     0.197
                                     0.319
                                     0.231
                                     0.180
                                     0.370

RMNP 2002
                                     0.960
                                     0.618
                                     0.342
                                     0.536
                                     0.424
                                     0.307
                                     0.653

RMNP 2003
                                     0.906
                                     0.565
                                     0.341
                                     0.488
                                     0.418
                                     0.290
                                     0.616

Grand Teton 2001
                                     0.264
                                     0.172
                                     0.092
                                     0.153
                                     0.111
                                     0.093
                                     0.171

Grand Teton 2002
                                     0.301
                                     0.186
                                     0.115
                                     0.161
                                     0.140
                                     0.152
                                     0.149

Grand Teton 2003
                                     0.376
                                     0.237
                                     0.139
                                     0.206
                                     0.170
                                     0.124
                                     0.252

Teton 2001
                                     0.253
                                     0.164
                                     0.089
                                     0.146
                                     0.107
                                     0.098
                                     0.155

Teton 2002
                                     0.391
                                     0.258
                                     0.133
                                     0.228
                                     0.163
                                     0.147
                                     0.244

Teton 2003
                                     0.356
                                     0.221
                                     0.135
                                     0.191
                                     0.165
                                     0.118
                                     0.238

Washakie 2001
                                     0.369
                                     0.229
                                     0.140
                                     0.198
                                     0.171
                                     0.126
                                     0.243

Washakie 2002
                                     0.408
                                     0.255
                                     0.153
                                     0.221
                                     0.187
                                     0.153
                                     0.255

Washakie 2003
                                     0.232
                                     0.151
                                     0.081
                                     0.137
                                     0.095
                                     0.105
                                     0.127

Yellowstone 2001
                                     0.194
                                     0.126
                                     0.068
                                     0.114
                                     0.080
                                     0.082
                                     0.112

Yellowstone 2002
                                     0.395
                                     0.266
                                     0.129
                                     0.238
                                     0.157
                                     0.145
                                     0.250

Yellowstone 2003
                                     0.345
                                     0.212
                                     0.133
                                     0.182
                                     0.163
                                     0.101
                                     0.244
Unit 4
Bridger 2001
                                     0.739
                                     0.426
                                     0.313
                                     0.369
                                     0.370
                                     0.258
                                     0.481

Bridger 2002
                                     1.420
                                     0.861
                                     0.559
                                     0.741
                                     0.679
                                     0.415
                                     1.005

Bridger 2003
                                     0.781
                                     0.467
                                     0.314
                                     0.409
                                     0.372
                                     0.250
                                     0.531

Fitzpatrick 2001
                                     0.426
                                     0.260
                                     0.166
                                     0.229
                                     0.197
                                     0.142
                                     0.284

Fitzpatrick 2002
                                     0.638
                                     0.412
                                     0.226
                                     0.368
                                     0.270
                                     0.252
                                     0.386

Fitzpatrick 2003
                                     0.371
                                     0.216
                                     0.155
                                     0.189
                                     0.182
                                     0.122
                                     0.249

Mt. Zirkel 2001
                                     1.189
                                     0.698
                                     0.491
                                     0.606
                                     0.583
                                     0.355
                                     0.834

Mt. Zirkel 2002
                                     1.475
                                     0.846
                                     0.629
                                     0.722
                                     0.753
                                     0.464
                                     1.011

Mt. Zirkel 2003
                                     1.281
                                     0.730
                                     0.551
                                     0.623
                                     0.658
                                     0.342
                                     0.939

Rawah 2001
                                     0.832
                                     0.476
                                     0.356
                                     0.407
                                     0.425
                                     0.231
                                     0.601

Rawah 2002
                                     1.033
                                     0.587
                                     0.446
                                     0.501
                                     0.532
                                     0.321
                                     0.712

Rawah 2003
                                     0.958
                                     0.565
                                     0.393
                                     0.496
                                     0.462
                                     0.288
                                     0.670

RMNP 2001
                                     0.629
                                     0.354
                                     0.275
                                     0.304
                                     0.325
                                     0.185
                                     0.444

RMNP 2002
                                     1.064
                                     0.646
                                     0.418
                                     0.561
                                     0.503
                                     0.317
                                     0.747

RMNP 2003
                                     0.927
                                     0.558
                                     0.369
                                     0.488
                                     0.439
                                     0.295
                                     0.632

Grand Teton 2001
                                     0.305
                                     0.178
                                     0.127
                                     0.159
                                     0.146
                                     0.091
                                     0.214

Grand Teton 2002
                                     0.451
                                     0.275
                                     0.176
                                     0.241
                                     0.210
                                     0.152
                                     0.299

Grand Teton 2003
                                     0.404
                                     0.242
                                     0.162
                                     0.210
                                     0.194
                                     0.118
                                     0.286

Teton 2001
                                     0.324
                                     0.189
                                     0.135
                                     0.165
                                     0.159
                                     0.103
                                     0.221

Teton 2002
                                     0.406
                                     0.258
                                     0.148
                                     0.224
                                     0.182
                                     0.132
                                     0.274

Teton 2003
                                     0.337
                                     0.196
                                     0.141
                                     0.170
                                     0.167
                                     0.121
                                     0.216

Washakie 2001
                                     0.447
                                     0.256
                                     0.191
                                     0.219
                                     0.228
                                     0.120
                                     0.327

Washakie 2002
                                     0.443
                                     0.266
                                     0.177
                                     0.232
                                     0.211
                                     0.156
                                     0.287

Washakie 2003
                                     0.269
                                     0.161
                                     0.108
                                     0.140
                                     0.129
                                     0.104
                                     0.165

Yellowstone 2001
                                     0.236
                                     0.129
                                     0.107
                                     0.112
                                     0.124
                                     0.084
                                     0.152

Yellowstone 2002
                                     0.436
                                     0.268
                                     0.168
                                     0.236
                                     0.200
                                     0.144
                                     0.292

Yellowstone 2003
                                     0.346
                                     0.201
                                     0.145
                                     0.173
                                     0.173
                                     0.097
                                     0.249


[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Rules and Regulations]
[Page 13441-13444]
[DOCID:fr22mr10-4]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

Hours of Service; Limited 90-Day Waiver for the Distribution of
Anhydrous Ammonia in Agricultural Operations

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

ACTION: Grant of waiver.

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

SUMMARY: FMCSA grants a limited 90-day waiver from the Federal hours-
of-service (HOS) regulations for the transportation of anhydrous
ammonia from any distribution point to a local farm retailer or to the
ultimate consumer, and from a local farm retailer to the ultimate
consumer, as long as the transportation takes place within a 100 air-
mile radius of the retail or wholesale distribution point. This waiver
extends the agricultural operations exemption established by section
345 of the National Highway System Designation Act of 1995, as amended
by the sections 4115 and 4130 of the Safe, Accountable, Flexible,
Efficient Transportation Equity: A Legacy for Users (SAFETEA-LU) to
certain motor carriers engaged in the distribution of anhydrous ammonia
during the 2010 spring planting season. The Agency has determined that
the waiver would likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent such
exemption, based on the terms and conditions imposed. This waiver
preempts inconsistent State and local requirements applicable to
interstate commerce.

DATES: The waiver is effective March 22, 2010. The waiver expires on
June 21, 2010.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590.
    E-mail<EMAIL_ADDRESS>Phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Transportation Equity Act for the 21st Century (TEA-21) (Pub.
L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of
Transportation (the Secretary) the authority to grant waivers from any
of the Federal Motor Carrier Safety Regulations (FMCSRs) issued under
Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136,
to a person(s) seeking regulatory relief. (49 U.S.C. 31136, 31315(a))
The Secretary must make a determination that the waiver is in the
public interest, and that it is likely to achieve a level of safety
that is equivalent to, or greater than, the level of safety that would
be obtained in the absence of the waiver. Individual waivers may only
be granted to a person for a specific unique, non-emergency event, for
a period up to three months. TEA-21 authorizes the Secretary to grant
waivers without requesting public comment, and without providing public
notice.
    The Administrator of FMCSA has been delegated authority under 49
CFR

1.73(g) to carry out the functions vested in the Secretary by 49 U.S.C.
chapter 311, subchapters I and III, relating to commercial motor
vehicle programs and safety regulation.

Background

    The FMCSA has been contacted by members of Congress concerning the
Agency's interpretation of the agricultural exemption provided in
section 345(a) of the National Highway System (NHS) Designation Act of
1995, Public Law 104-59, November 28, 1995, 109 Stat. 568, 613, 49
U.S.C. 31136 note. Constituents engaged in the transportation of farm
supplies--particularly anhydrous ammonia--contacted the members to
express concerns that the Agency's implementation of the agricultural
exemption results in the exclusion of certain distribution activities
from the regulatory relief intended by Congress.
    As amended by SAFETEA-LU, the agricultural provision reads as
follows:

    Transportation of agricultural commodities and farm supplies.--
Regulations prescribed by the Secretary under sections 31136 and
31502 regarding maximum driving and on-duty time for drivers used by
motor carriers shall not apply during planting and harvest periods,
as determined by each State, to drivers transporting agricultural
commodities or farm supplies for agricultural purposes in a State if
such transportation is limited to an area within a 100 air mile
radius from the source of the commodities or the distribution point
for the farm supplies.

    The Agency has long understood that limited farm storage capacity
necessitates a ``just in time'' delivery system from retail
distributors of farm supplies to farms (or other locations where the
farm supply product will be used) during the busy planting and
harvesting seasons. Longstanding FMCSA guidance on its HOS regulations
has consistently allowed that the agricultural operations exemption
applies to the transportation of farm supplies from the local farm
retailer to the ultimate consumer within a 100 air-mile radius. FMCSA's
interpretation, however, has not extended the HOS exemption to
deliveries from wholesalers located at port or terminal facilities to
either local farm retailers or farms. (See Question 33, 49 CFR 395.1 on
the Agency's Web site: http://www.fmcsa.dot.gov.) Question 33 reads as
follows:

    Question 33: How is ``point of origin'' defined for the purpose
of Sec.  395.1(k)?
    Guidance: The term ``point of origin'' is not used in the NHS
Designation Act; the statutory term is ``source of the
[agricultural] commodities.'' The exemption created by the Act
applies to two types of transportation. The first type is
transportation from the source of the agricultural commodity--where
the product is grown or raised--to a location within a 100 air-mile
radius of the source. The second type is transportation from a
retail distribution point of the farm supply to a location (farm or
other location where the farm supply product would be used) within a
100 air-mile radius of the retail distribution point.
    The legislative history of the agricultural exemption indicates
it was intended to only apply to retail store deliveries. Thus, it
is clear Congress intended to limit this exemption to retail
distributors of farm supplies.
    Second-stage movements, such as grain hauled from an elevator
(or sugar beets from a cold storage facility) to a processing plant,
are more likely to fall outside the exempt radius. Similarly, the
exemption does not apply to a wholesaler's transportation of an
agricultural chemical to a local cooperative because this is not a
retail delivery to an ultimate consumer, even if it is within the
100 air-mile radius.

    The Agency's re-examination of the issue has made it clear that the
exclusive emphasis of the Agency's regulatory guidance on deliveries
from local retailers to the ultimate farm consumer may not reflect
today's economic reality. Like farms, local retailers have limited
storage capacity and therefore must constantly replenish their supplies
during the planting and harvesting seasons. They are part of the ``just
in time'' distribution system that extends from a wholesaler to the
ultimate consumer of the supplies.
    Given this reality, FMCSA has determined that is in the public
interest to issue a waiver to provide regulatory relief for the
transportation of anhydrous ammonia during the 2010 spring planting
season. This action is in the public interest because it provides
limited regulatory relief to facilitate planting activities that will
ultimately result in the production of agricultural commodities at
prices to which consumers have become accustomed, without compromising
safety.
    This waiver extends the agricultural operations exemption from the
Federal HOS regulations to motor carriers in the distribution system,
provided that: (1) The motor carrier is delivering anhydrous ammonia;
(2) none of the transportation movements within the distribution chain
exceed a 100 air-mile radius--whether from the retail or wholesale
distribution point; and (3) the motor carrier has a ``satisfactory''
safety rating or is unrated; motor carriers with ``conditional'' or
``unsatisfactory'' safety ratings are prohibited from taking advantage
of the waiver. Therefore, the waiver allows motor carriers with a
satisfactory safety rating or unrated motor carriers to use the HOS
exemption when their drivers are delivering anhydrous ammonia from any
distribution point to a local farm retailer or to the ultimate
consumer, and from a local farm retailer to the ultimate consumer, as
long as the transportation takes place within a 100 air-mile radius of
the retail or wholesale distribution point. This waiver is effective
immediately.

Safety Determination

    The FMCSA compared safety performance data for agricultural
carriers currently operating under the statutory HOS exemption provided
by the NHS, as amended, with non-agricultural carriers that are not
exempt from HOS regulations to determine whether the waiver would be
likely to achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be obtained in the absence of the
waiver. The data were collected as part of a study, ``Agricultural
Commodity and Utility Carriers Hours of Service Exemption Analysis.''
The final report from the study will be published later this year.
    The study was conducted in two phases. Phase 1 compares the safety
performance of agricultural and non-agricultural carriers for the
period 2005 through 2008, and also examines two additional industries,
livestock and utility carriers, whose operations were not exempt from
HOS regulations prior to the passage of SAFETEA-LU.\1\ The Phase 1
analysis used carrier registration, inspection and crash data from
FMCSA's Motor Carrier Management Information System (MCMIS). The study
used cargo classification information on the FMCSA Motor Carrier
Identification Report (Form MCS-150) in MCMIS to identify the carrier's
industry group (agricultural, livestock, or utility carrier), and used
MCS-150 information to identify carriers operating within and beyond a
100-air-mile radius. The operating radius information was used to
create two agricultural carrier subgroups: (1) Agricultural carriers
with 100 percent of drivers operating within a 100-air-mile radius; and
(2) agricultural carriers with 100 percent of drivers operating beyond
a 100-air-mile radius. The analysis used the first subgroup as
representative of agricultural carriers exempt from the HOS
requirements, and the second subgroup as representative of agricultural
carriers not exempt from the HOS requirements.
---------------------------------------------------------------------------

    \1\ Section 4130(a).
---------------------------------------------------------------------------

    For the Phase 2 analysis, inspection data of agricultural commodity
and utility carriers (which are also exempt

from HOS regulations) was collected during an FMCSA special study of a
sample of states. These data included only those inspections occurring
during the states' planting and harvesting seasons and indicated both
the commodity being transported and whether the driver was operating
within or beyond the 100-air-mile radius exempt from HOS regulations.
The Phase 2 analysis assessed the safety performance of the HOS exempt
agricultural commodity and utility service carriers identified in the
survey in comparison with non-HOS exempt carriers based on their out of
service (OOS) violation rates and crash rates.
    For the purposes of considering whether to issue a limited waiver,
FMCSA focused on the crash rate data from the study. The Agency did not
place as much of an emphasis on the OOS rates because there were no HOS
violation data to consider given that the agricultural carriers for
which data were available were operating under a statutory exemption
from the HOS rule. Differences between the OOS rates for other issues
such as driver qualifications and vehicle defects and deficiencies,
while important in considering overall safety management controls of
the carriers, were not necessarily related to the potential safety
impact of the waiver.
    The Phase 1 analysis indicates that nationally, agricultural
carriers operating within a 100-air-mile radius had lower crash rates
per 100 power units than those operating beyond this radius, except for
in 2008, when there was no difference in the crash rates.
    To provide additional validation of the crash analysis, which uses
power unit data reported on the Form MCS-150, a separate analysis was
performed using data only for carriers domiciled in states
participating in the Performance and Registration Information Systems
Management (PRISM) program that enforces MCS-150 updating.\2\ PRISM
links state motor vehicle registration systems with carrier safety data
in order to identify unsafe commercial motor carriers. The PRISM state
carriers are required to update their MCS-150 annually. By contrast,
non-PRISM state carriers are required by FMCSA to update their MCS-150
biennially. As a result, the PRISM state data are considered more
current and reliable than non-PRISM state data where there is no direct
implication for not updating the data. Data from PRISM states that
enforce MCS-150 updating show that agricultural carriers operating
within a 100-air-mile radius had more varied results, with crash rates
higher than carriers operating beyond a 100-air-mile radius in 2008,
lower in 2006 and 2007, and nearly the same in 2005.
---------------------------------------------------------------------------

    \2\ Current PRISM states that enforce the MCS-150 updating
requirement are Alabama, Arizona, Arkansas, Connecticut, Georgia,
Iowa, Kentucky, Louisiana, Maine, Minnesota, Missouri, Nebraska, New
Hampshire, New Mexico, North Carolina, Ohio, South Carolina, South
Dakota, Tennessee, Utah, Vermont, Washington, and West Virginia.
---------------------------------------------------------------------------

    The Phase 2 analysis indicates that in the four states
participating in the survey (ID, KS, MD, MI), agricultural carriers
that were subject to the HOS requirements had higher crash rates per
100 power units than agricultural carriers exempt from the HOS
requirements.

FMCSA Determination

    In consideration of the above, FMCSA has determined that it is in
the public interest to provide a limited waiver from the Federal HOS
regulations for interstate motor carriers engaged in the distribution
of anhydrous ammonia during the 2010 spring planting season. A review
of the available crash data comparing motor carriers currently
operating under the NHS exemption from the HOS regulations provides a
basis for determining that a limited waiver would achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption, based on the terms and conditions
imposed.

Terms and Conditions of the Waiver

    The FMCSA is providing a waiver from the requirements of 49 CFR
part 395 concerning the HOS requirements for drivers of property-
carrying vehicles for certain motor carriers engaged in the
distribution of anhydrous ammonia during the 2010 spring planting
season.
    This waiver extends the agricultural operations exemption from the
Federal HOS regulations to motor carriers in the distribution system,
provided that: (1) The motor carrier is delivering anhydrous ammonia;
(2) none of the transportation movements within the distribution chain
exceed a 100 air-mile radius--whether from the retail or wholesale
distribution point; and (3) the motor carrier has a ``satisfactory''
safety rating or is ``unrated;'' motor carriers with ``conditional'' or
``unsatisfactory'' safety ratings are prohibited from taking advantage
of the waiver.
    The waiver allows ``unrated'' motor carriers and those with a
satisfactory safety rating to use the HOS exemption when their drivers
are delivering anhydrous ammonia from any distribution point to a local
farm retailer or to the ultimate consumer, and from a local farm
retailer to the ultimate consumer, as long as the transportation takes
place within a 100 air-mile radius of the retail or wholesale
distribution point.

Safety Rating

    Motor carriers that have received compliance reviews are required
to have a ``satisfactory'' rating. The compliance review is an on-site
examination of a motor carrier's operations, including records on
drivers' hours of service, maintenance and inspection, driver
qualification, commercial driver's license requirements, financial
responsibility, accidents, hazardous materials, and other safety and
transportation records to determine whether a motor carrier meets the
safety fitness standard. The assignment of a ``satisfactory'' rating
means the motor carrier has in place adequate safety management
controls to comply with the Federal safety regulations, and that the
safety management controls are appropriate for the size and type of
operation of the motor carrier.
    The FMCSA will also allow ``unrated'' carriers to take advantage of
the waiver. Unrated motor carriers are those that have not received a
compliance review. The FMCSA is allowing unrated motor carriers to
participate because it would be unfair to exclude them simply because
they were not selected by the Agency for a compliance review. The
absence of a compliance review is in no way an indication that the
carrier has done anything wrong or has safety problems.
    The Agency is not allowing motor carriers with conditional or
unsatisfactory ratings to participate because both of those ratings
indicate that the carrier has safety management control problems. There
is little reason to believe that carriers rated either unsatisfactory
or conditional could be relied upon to comply with the terms and
conditions of the waiver.

Accident and Hazardous Materials Reporting Requirement

    Within 10 business days following an accident (as defined in 49 CFR
390.5) or any unintentional discharge of anhydrous ammonia that
requires the submission of the Department of Transportation Hazardous
Materials Incident Report (DOT Form F 5800.1) (see 49 CFR 171.16)
involving any of the motor carrier's CMVs, irrespective of whether the
CMV was being operated by a participating driver, the motor carrier
must submit the following information:
    (a) Date of the accident;
    (b) City or town in which the accident occurred, or city or town
closest to the scene of the accident;
    (c) Driver's name and license number;

    (d) Vehicle number and State license number;
    (e) Number of injuries;
    (f) Number of fatalities;
    (g) Whether hazardous materials, other than fuel spilled from the
fuel tanks of the motor vehicles involved in the accident, were
released;
    (h) The police-reported cause of the accident;
    (i) Whether the driver was cited for violating any traffic laws,
motor carrier safety regulations, or hazardous materials discharge; and
    (j) Whether the driver was operating under the waiver, and if so,
an estimate of the total driving time, on-duty time for the day of the
accident and each of the seven calendar days prior to the accident.

Duration of the Waiver

    The waiver is effective upon publication in the Federal Register
and is valid until June 21, 2010, unless revoked earlier by the FMCSA.
The exemption preempts inconsistent State or local requirements
applicable to interstate commerce.

Safety Oversight of Carriers Operating Under the Waiver

    The FMCSA expects that any motor carrier operating under the terms
and conditions of the waiver will maintain its safety record. However,
should any deterioration occur, the FMCSA will, consistent with the
statutory requirements of TEA-21, take all steps necessary to protect
the public interest. Use of the waiver is voluntary, and the FMCSA will
immediately revoke the waiver for any interstate motor carrier or
driver for failure to comply with the terms and conditions waiver.

    Issued on: March 17, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-6244 Filed 3-19-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6816-6817]
[FR Doc No: 2013-02069]

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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: ER10-2460-004; ER10-2461-004; ER12-682-005; ER10-
2463-004; ER11-2201-008; ER13-17-002; ER12-1311-004 ER10-2466-005;
ER11-4029-004.
    Applicants: Canandaigua Power Partners, LLC, Canandaigua Power
Partners II, LLC, Erie Wind, LLC, Evergreen Wind Power, LLC, Evergreen
Wind Power III, LLC, Niagara Wind Power, LLC, Stetson Holdings, LLC,
Stetson Wind II, LLC, Vermont Wind, LLC.
    Description: Notice of Change in Status of Canandaigua Power
Partners, LLC, et al.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5127.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER11-4507-003; ER13-760-000; ER11-4501-004; ER12-
128-001; ER13-759-000; ER11-4500-003; ER13-758-000; ER12-979-002; ER11-
4498-003; ER11-4499-003.
    Applicants: Caney River Wind Project, LLC, Rocky Ridge Wind
Project, LLC, Smoky Hills Wind Farm, LLC, Smoky Hills Wind Project II,
LLC, Canastota Windpower, LLC, EGP Stillwater Solar, LLC, Enel
Stillwater, LLC.
    Description: Supplement to January 15, 2013 Notice of Change in
Status of Smokey Hills Wind Farm, LLC, et al.
    Filed Date: 1/18/13.
    Accession Number: 20130118-5259.
    Comments Due: 5 p.m. ET 2/8/13.

    Docket Numbers: ER12-281-002.
    Applicants: Northampton Generating Company, L.P.
    Description: Notice of Non-Material Change in Status of Northampton
Generating Company, L.P.
    Filed Date: 1/22/13.
    Accession Number: 20130122-5386.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: ER13-667-001.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Company submits tariff filing
per 35.17(b): Errata to TEP Filing to Revise

MBR Ancillary Service Category Status to be effective 2/26/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5076.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-668-001.
    Applicants: UniSource Energy Development Company.
    Description: UniSource Energy Development Company submits tariff
filing per 35.17(b): Errata to UED Filing to Revise MBR Ancillary
Service Category Status to be effective 2/26/2013.
    Filed Date: 1/23/13
    Accession Number: 20130123-5096.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-670-001.
    Applicants: UNS Electric, Inc.
    Description: UNS Electric, Inc. submits tariff filing per 35.17(b):
Errata to UNS Filing to Revise MBR Ancillary Service Category Status to
be effective 2/26/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5100.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-739-001.
    Applicants: Texpo Power, LP.
    Description: Texpo Power, LP submits tariff filing per 35.17(b):
Amendment of Pending Filing 1 to be effective 1/11/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5084.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-740-001.
    Applicants: EnerPenn USA LLC.
    Description: EnerPenn USA LLC submits tariff filing per 35.17(b):
Amendment of Pending Filing 1 to be effective 1/11/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5082.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-751-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): 01-22-2013 MDU Attachment O and GG
Errata to be effective 1/1/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5000.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: ER13-790-000.
    Applicants: Nevada Power Company.
    Description: Nevada Power Company submits tariff filing per
35.13(a)(2)(iii: Rate Schedule No. 111 First Amended & Restated PPA
ORNI 42 to be effective 1/24/2013.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5148.
    Comments Due: 5 p.m. ET 2/13/13.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC13-7-000.
    Applicants: Conestogo Wind, LP.
    Description: Notification of Self-Certification of Foreign Utility
Company Status of Conestogo Wind, LP.
    Filed Date: 1/23/13.
    Accession Number: 20130123-5135.
    Comments Due: 5 p.m. ET 2/13/13.

    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: January 23, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-02069 Filed 1-30-13; 8:45 am]
BILLING CODE 6717-01-P