[Federal Register: October 20, 2006 (Volume 71, Number 203)]
[Notices]
[Page 61969-61971]
[DOCID:fr20oc06-43]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0789; FRL-8099-1]

Notice of Filing of Pesticide Petitions for Establishment or
Amendment to Regulations for Residues of Pesticide Chemicals in or on
Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or amendment of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before November 20, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0789 and pesticide petition number (PP)
6F7112, 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-
2006-0789. 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 website 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: Jim Tompkins, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. 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 number ID 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. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov. To locate this information on the home page

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP
docket ID number. Once the search has located the docket, clicking on
the ``Docket ID'' will bring up a list of all documents in the docket
for the pesticide including the petition summary.

New Tolerance

    (PP) 6F7112. Arysta LifeScience, North America Corporation, 15401
Weston Parkway, Suite 150, Cary, NC 27513, proposes to establish a
tolerance for residues of flucarbazone sodium: 4,5-dihydro-3-methoxy-4-
methyl-5-oxo-N-[[2-(trifluoromethoxy)phenyl]sulfonyl]-1H-1,2,4-triazole
1-carboxamide, sodium salt; and its N-desmethyl metabolite in or on the
raw agricultural commodities (RACs):

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Wheat, forage..............................................         0.30
Wheat, grain...............................................         0.01
Wheat, hay.................................................         0.10
Wheat, straw...............................................         0.05
------------------------------------------------------------------------

and combined residues of flucarbazone-sodium and its metabolites
converted to 2-(trifluoromethoxy)benzene sulfonamide and calculated as
flucarbazone-sodium in or on the raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Milk.......................................................        0.005
Meat and meat byproducts except liver (cattle, goats,               0.01
 sheep, horses, hogs)......................................
Liver (cattle, goats, sheep, horses, hogs).................         1.50
------------------------------------------------------------------------

    There is a practical analytical method utilizing liquid
chromatography/tandem mass spectroscopy (lc/ms/ms) for enforcement with
a limit of detection that allows for monitoring of food with residues
at or above tolerance levels. The method limit of quantitation (LOQ) is
0.01 milligram/kilogram (mg/kg) and the method limit of detection (LOD)
is 0.005 mg/kg in wheat matrices.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: October 12, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-17568 Filed 10-19-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Rules and Regulations]
[Pages 28401-28404]
[FR Doc No: 2017-12994]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9118; Airspace Docket No. 16-AGL-3]

Amendment of Class D and E Airspace for the Following North
Dakota Towns; Wahpeton, ND; Hettinger, ND; Fargo, ND; Grand Fork, ND;
Carrington, ND; Cooperstown, ND; Pembina, ND; Rugby, ND; Devils Lake,
ND; Bottineau, ND; Valley City, ND and Gwinner, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Wahpeton/Harry Stern Airport, Wahpeton,
ND; Hettinger Municipal Airport, Hettinger, ND; Gwinner-Roger Melroe
Field, Gwinner, ND; and Rugby Municipal Airport, Rugby, ND.
Decommissioning of non-directional radio beacons (NDBs), cancellation
of NDB approaches, and implementation of area navigation (RNAV)
procedures have made this action necessary for the safety and
management of instrument flight rules (IFR) operations at these
airports. This action also updates the geographic coordinates and
airport names for certain airports listed in the associated Class D and
E airspace areas.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://
www.faa.gov/

air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Ron Laster, Contract Support, Federal
Aviation Administration, Operations Support Group, Central Service
Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817)
222-5879.

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
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 Class D and E airspace to support IFR operations in
standard instrument approach procedures at the following airports:
Wahpeton/Harry Stern Airport, Wahpeton, ND; Hettinger Municipal
Airport, Hettinger, ND; Gwinner-Roger Melroe Field, Gwinner, ND; Rugby
Municipal Airport, Rugby, ND; Hector International Airport, Fargo, ND;
Grand Forks Air Force Base, Grand Forks, ND; Carrington Municipal
Airport, Carrington, ND; Pembina Municipal Airport, Pembina, ND;
Bottineau Municipal Airport, Bottineau, ND; Cooperstown Municipal
Airport, ND; Devils Lake Regional Airport, Devils Lake, ND, and Barnes
County Municipal Airport, Valley City, ND.

History

    On January 13, 2017, the FAA published in the Federal Register (82
FR 4222) Docket No. FAA-2016-9118 a notice of proposed rulemaking
(NPRM) to modify Class D and Class E airspace at Wahpeton/Harry Stern
Airport, Wahpeton, ND; Hettinger Municipal Airport, Hettinger, ND;
Gwinner-Roger Melroe Field, Gwinner, ND; Rugby Municipal Airport,
Rugby, ND; Hector International Airport, Fargo, ND; Grand Forks Air
Force Base, Grand Forks, ND; Carrington Municipal Airport, Carrington,
ND; Pembina Municipal Airport, Pembina, ND; Bottineau Municipal
Airport, Bottineau, ND; Cooperstown Municipal Airport, ND; Devils Lake
Regional Airport, Devils Lake, ND, and Barnes County Municipal Airport,
Valley City, ND. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. One commenter noted that two of the proposed legal descriptions
contained inconsistent longitude for Grand Forks Air Force Base. The
FAA has corrected this inconsistency in the final rule. The other
stated no comment.
    Also, a minor correction is made in the proposal for Hettinger
Municipal Airport, Hettinger, ND, listed in Class E airspace extending
upward from 700 feet above the surface. The airspace description should
read ``Within a 6.5-mile radius (increased from a 6.4-mile) radius . .
.'', instead of ``Within a 6.4-mile radius (previously a 7-mile
radius)''.
    Class D and Class E airspace designations are published in
paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11A, dated August 3, 2016, and effective September 15, 2016, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by:
    Modifying geographic coordinates in Class D airspace for Hector
International Airport, Fargo, ND; and
    Modifying Class E airspace extending upward from 700 feet above the
surface:
    Within a 6.4-mile radius (reduced from a 7-mile radius) of Harry
Stern Airport, Wahpeton, ND, and updating the geographic coordinates of
the airport to coincide with the FAA's aeronautical database;
    Within a 6.5-mile radius (increased from a 6.4-mile radius) of
Hettinger Municipal Airport, Hettinger, ND, and updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database;
    Within a 6.5-mile radius (reduced from a 7-mile radius) of Gwinner-
Roger Melroe Field, Gwinner, ND, and updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database; and
    Within a 6.3-mile radius (reduced from a 7-mile radius) of Rugby
Municipal Airport, Rugby, ND, and updating the geographic coordinates
of the airport to coincide with the FAA's aeronautical database.
    The geographic coordinates will be adjusted for Hector
International Airport, Fargo, ND; Grand Forks Air Force Base, Grand
Forks, ND; Barnes County Municipal Airport, Valley City, ND; Pembina
Municipal Airport, Pembina, ND; Devils Lake VOR/DME; Devils Lake
Regional Airport, Devils Lake, ND; Carrington Municipal Airport,
Carrington, ND; Bottineau Municipal Airport, Bottineau, ND; Cooperstown
Municipal Airport, ND, as well as the airport names for Barnes County
Municipal Airport (formerly Valley City/Barnes County Municipal),
Valley City, ND, and Devils Lake Regional Airport (formerly Devils Lake
Municipal Airport), Devils Lake, ND, to coincide with the FAA's
aeronautical database.
    Airspace reconfiguration is necessary due to the decommissioning of
NDBs, cancellation of NDB approaches, and implementation of RNAV
procedures at these airports. Controlled airspace is necessary for the
safety and management of the standard instrument approach procedures
for IFR operations at the airports.

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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 will only
affect air traffic procedures and air navigation, it is certified that
this rule, when promulgated, would not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL ND D Fargo, ND [Amended]

Hector International Airport, ND
    (Lat. 46[deg]55'14'' N., long. 96[deg]48'57'' W.)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4.5-mile radius of Hector International
Airport.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AGL ND E2 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat. 48[deg]07'00'' N., long. 98[deg]54'36'' W.)
Devils Lake VOR/DME
    (Lat. 48[deg]06'55'' N., long. 98[deg]54'45'' W.)

    Within a 4-mile radius of Devils Lake Regional Airport, and
within 3 miles each side of the Devils Lake VOR/DME 134[deg] radial
extending from the 4-mile radius to 8.7 miles southeast of the VOR/
DME and within 2.3 miles each side of the Devils Lake VOR/DME
324[deg] radial extending from the 4-mile radius to 8.7 miles
northwest of the VOR/DME. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.

* * * * *

AGL ND E4 Fargo, ND [Amended]

Fargo, Hector International Airport, ND
    (Lat. 46[deg]55'14'' N., long. 96[deg]48'57'' W.)
Fargo VOR/DME
    (Lat. 46[deg]45'12'' N., long. 96[deg]51'05'' W.)

    That airspace extending upward from the surface within 1.7 miles
each side of the Fargo VOR/DME 009[deg] radial, extending from the
4.5-mile radius of Hector International Airport to 7.8 miles south
of the airport.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL ND E5 Bottineau, ND [Amended]

Bottineau Municipal Airport, ND
    (Lat. 48[deg]49'50'' N., long. 100[deg]25'02'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Bottineau Municipal Airport, and that
airspace extending upward from 1,200 feet above the surface within
an area bounded on the north by lat. 49[deg]00'00'' N., on the east
by long. 99[deg]49'00'' W., on the south by the 10.5-mile radius of
Rugby, ND, Class E airspace area, and on the west by the 47-mile
radius of the Minot, ND, Class E airspace area.
* * * * *

AGL ND E5 Carrington, ND [Amended]

Carrington Municipal Airport, ND
    (Lat. 47[deg]27'04'' N., long. 99[deg]09'05'' W.)
Devils Lake VOR/DME
    (Lat. 48[deg]06'55'' N., long. 98[deg]54'45'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Carrington Municipal Airport; and that
airspace extending upward from 1,200 feet above the surface
beginning at lat. 47[deg]50'32'' N., long. 99[deg]16'35'' W.; along
the 22-mile arc south of Devils Lake VOR/DME, to lat. 47[deg]45'07''
N. long., 98[deg]50'22'' W.; to lat. 47[deg]17'46'' N., long
98[deg]44'58'' W.; to lat. 47[deg]05'35'' N. long., 99[deg]30'00''
W.; to lat. 47[deg]40'20'' N., long. 99[deg]30'00'' W. to the point
of the beginning.
* * * * *

AGL ND E5 Cooperstown, ND [Amended]

Cooperstown Municipal Airport, ND
    (Lat. 47[deg]25'22'' N., long. 98[deg]06'21'' W.)
Devils Lake VOR/DME
    (Lat. 48[deg]06'55'' N., long. 98[deg]54'45'' W.)
Fargo, Hector International Airport, ND
    (Lat. 46[deg]55'14'' N., long. 96[deg]48'57'' W.)
Grand Forks AFB, ND
    (Lat. 47[deg]57'41'' N., long. 97[deg]24'03'' W.)
Jamestown VOR/DME
    (Lat. 46[deg]55'58'' N., long. 98[deg]40'44'' W.)
Valley City, Barnes County Municipal Airport, ND
    (Lat. 46[deg]56'28'' N., long. 98[deg]01'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Cooperstown Municipal Airport, and that
airspace extending upward from 1,200 feet above the surface
beginning at lat. 48[deg]04'04'' N., long. 98[deg]22'13'' W.; to
lat. 48[deg]03'19'' N. long. 98[deg]13' 59'' W.; thence
counterclockwise via the 34-mile radius of Grand Forks AFB ; thence
counterclockwise via the 40-mile radius of Fargo, Hector
International Airport; to lat. 46[deg]50'55'' N., long.
97[deg]46'55'' W.; to lat. 46[deg]51'26'' N., long. 97[deg]52'13''
W. ; thence counterclockwise via the 7.9 mile radius of Barnes
County Municipal Airport; to lat. 46[deg]53'17'' N., long.
98[deg]11'38'' W. to lat. 46[deg]53'43'' N., long. 98[deg]16'53''
W.; thence counterclockwise via the 16.5-mile radius of Jamestown
VOR/DME; to lat. 47[deg]12'19'' N., long. 98[deg]43'54'' W.; to lat.
47[deg]45'07'' N., long. 98[deg]50'22'' W.; thence counterclockwise
via the 22-mile radius of Devils Lake VOR/DME to the point of the
beginning.
* * * * *

AGL ND E5 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat. 48[deg]07'00'' N., long. 98[deg]54'36'' W.)
Devils Lake VOR/DME
    (Lat. 48[deg]06'55'' N., long. 98[deg]54'45' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.7-mile radius of Devils Lake Regional Airport and that
airspace extending upward from 1,200 feet above the surface within a
22-mile radius of Devils Lake VOR/DME.
* * * * *

AGL ND E5 Gwinner, ND [Amended]

Gwinner-Roger Melroe Field, ND
    (Lat. 46[deg]13'06'' N., long. 97[deg]38'36'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Gwinner-Roger Melroe Field Airport.
* * * * *

AGL ND E5 Hettinger, ND [Amended]

Hettinger Municipal Airport, ND
    (Lat. 46[deg]00'54'' N., long. 102[deg]39'22'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Hettinger Municipal Airport; and that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 46[deg]20'00'' N., long. 102[deg]58'00''
W., to lat. 46[deg]20'00'' N., long. 102[deg]44'00'' W., to lat.
45[deg]45'00'' N., long. 102[deg]09'00'' W., to lat. 45[deg]45'00''
N., long. 102[deg]58'00'' W., to the point of beginning.
* * * * *

AGL ND E5 Pembina, ND [Amended]

Pembina Municipal Airport, ND
    (Lat. 48[deg]56'33'' N., long. 97[deg]14'27'' W.)
Humboldt VORTAC
    (Lat. 48[deg]52'09'' N., long. 97[deg]07'02'' W.)
Grand Forks AFB, ND
    (Lat. 47[deg]57'41'' N., long. 97[deg]24'03'' W.)
Devils Lake VOR/DME
    (Lat. 48[deg]06'55'' N., long. 98[deg]54'45'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of Pembina Municipal Airport, and within
1.8 miles each side of Humboldt VORTAC 132/312[deg] radials
extending from the 6.2-mile radius to 7 miles southeast of the
airport; and that airspace extending upward from 1,200 feet above
the surface beginning at lat. 49[deg]00'00'' N., long.
97[deg]30'01'' W.; to lat. 48[deg]48'00'' N., long. 97[deg]30'01''
W.; to lat. 48[deg]18'33'' N., long. 98[deg]39'55'' W.; thence
clockwise around a 15.3-mile radius of Devils Lake VOR/DME to lat.
48[deg]04'57'' N., long. 98[deg]32' 07'' W.; to lat. 48[deg]03'19''
N., long. 98[deg]13'59'' W.; thence clockwise along the 34-mile
radius of Grand Forks AFB to the North Dakota/Minnesota state
boundary; thence north along the state boundary to the United
States/Canada border; thence west along the United States/Canada
border to the point of beginning.
* * * * *

AGL ND E5 Rugby, ND [Amended]

Rugby Municipal Airport, ND
    (Lat. 48[deg]23'25'' N., long. 100[deg]01'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Rugby Municipal Airport; and that
airspace extending upward from 1,200 feet above the surface within a
13-mile radius of Rugby Municipal Airport, and within 8.1 miles
north and 4.2 miles south of the 115[deg] bearing from the airport
extending from the 13-mile radius to 16.1 miles east of the airport,
and within 8.5 miles south and 3.8 miles north of the 314[deg]
bearing from the airport extending from the 13-mile radius to 16.1
miles northwest of the airport, excluding that airspace within
Minot, ND, and Rolla, ND, Class E airspace areas.
* * * * *

AGL ND E5 Valley City, ND [Amended]

Barnes County Municipal Airport, ND
    (Lat. 46[deg]56'28'' N., long. 98[deg]01'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4 mile radius of Barnes County Municipal Airport; and
that airspace extending upward from 1,200 feet above the surface
within a 7.9-mile radius of the airport, and within 4 miles
southwest and 8.3 miles northeast of the 133[deg] bearing from the
airport extending from the 7.9-mile radius to 21.8 miles southeast
of the airport.
* * * * *

AGL ND E5 Wahpeton, ND [Amended]

Harry Stern Airport, ND
    (Lat. 46[deg]14'39'' N., long. 96[deg]36'26'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Harry Stern Airport; and that airspace
extending upward from 1,200 feet above the surface within a 25-mile
radius of Harry Stern Airport bounded on the east by the Minnesota
border and on the west by a line from lat. 45[deg]55'26'' N., long.
96[deg]59'22'' W., to lat. 46[deg]37'04'' N., long. 96[deg]52'27''
W.

    Issued in Fort Worth, Texas, on June 13, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-12994 Filed 6-21-17; 8:45 am]
BILLING CODE 4910-13-P


Rev. 0313 I/ O 1 ORGANIZATIONAL CHARTS Department of Health Environmental Health Administration Lead Based Paint Abatement Program APPENDIX E Department I 0.8 1 2 0 I OI 2 n 3 DEPARTMENT OF BEAL" fB ORGANIZATION ORDER NO. 5 DATE: 01/ 12/ 98 ORIGINATING AGENCY: Department of Health SUPERSEDES/ AMENDS:

SUBJECT. ENVIRONMENTAL HEALTHADMINISTRATION By virtue of the authority vested in me by Districtof Colombia Financial Responsibility and Management Assistance Authority's letter dated December 29, 1997, the following is hereby ordered:

1. Estabiishment: There is established in the Department of Health the Environmental Health Administration, headed by a Deputy Director, with the mission, structure and fbnctions set forth below.

If. Mission: The mission of the Environmental Health Administration is the prevention and control of environmental related diseases and the protection and preservation of the ecological system of the District of Columbia (" District").

tu. Structure: The organization of the Administration is shown in Attachment A to this order.

IV. Functions: The Deputy Director, through the constituent parts of the Adminimtion, Shall:

A. OmCE OF TEE DEPUTY DIRECTOR 1. Direct the operations ofthe Administration;

2. Advise the Director With respect to the Ahstration's activities, therebq contributing to policy development, planning and management;

3. Assist the Director in the preparation and defense of the annual budge and long range projections;

GOVERNMENT OF TEE DISTRXCT OF COLUMBL 0.0.5 5:

016

7

8.

9.

10.

11.

12.

13.

14.

15.

16. ERA II 3 B 5 Prepare a geographical information system ( GIS) that graphcally depicts " hot spofs" of environmental health risk factors and risk markers;

Conduct an environmental risk assessment of the District, focusing on demographic, socioeconomic, biomedical. and location factors that increase environmental health risks;

Establish environmental health risk profiles for the eight wards in the District;

Conduct cityde open forums on environmental health issues and priorities in the District to reconcile the opinion of the Department with the views of the community academia, private industry, EPA law enforcement, professional health and environmental organizations, and community based organizations;

Work with a steering committee comprised of departmental and community representatives to develop a draft environmental stratepc plan and distribute widely for public comments and reviews;

Adopt the Administration's Strategic Plan after an open review process;

Work witheach division and bureau in the development of its action plan for meeting the administration's strategic objectives;

Ensure that each program and project in the Administration meets its goals and objectives;

Assist the Deputy Director and office heads in establishing measurable goals and objectives for each unit, division, and bureau in the Admuusration;

Develop quantitative and qualitative performance indicators for each employee, assignment, team, unit, division, and bureau in the admuisration;

InstiMio& the use of time lines for all acuvities of the administration;

GOVERNMENT OF THE DISTRlCT OF COLUMBIA 0.05 Of/=

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39. 5 Em II 343 5 Evaluate gd analyze all programs withinthe Administration to ensure that goals and objectives are met according to an established time line and in the most efficient manner;

Evaluate productivity of field operation's personnel to ensure maximum efficiencyin delivery of services and economy of time;

For each field operation in any division or bureau, develop a gold? standard protocol that meets scientific and industry standards and is culturally appropriate;

Establish a comprehensive training program for all field personnel and their supervisors;

Ensure that field operations use current and acceptable methods and procedures for each activity;

Develop internal and external quality assurance mechanisms for assuring the competency of ail field operations;

Establish efficiency and efficacy indicators for all field operations;

.. Coordinate the Admuustration's preparation and submission of new grant appiications and renewal of existing grants;

Establishmeasurable indicatprs for the proportion of all fUnding for each u* division, and bureau that should come fiom grant and appropriated dollars during a specified period;

Establish criteria for dealing with units and offices that fd to mee external hnding guidelines;

Develop yearly grant fhding priorities based on strategic and prograr goals and objectives of the Administration and other offices and bureau!

Ensure that the highest levels of environmental quality are attahec consistent with available resources;

6 GOVERNMENT OF THE DISTRICT OF COLLJMB1 0.03 Ol/ lt/ 98 52.

53.

54.

55.

56.

57.

58.

59.

60. 7 EM II 3 B 5 Organize. workshops, seminars, and briefings on research findings,. paradigm sh&, and consensus guidelines on environmental health issues to generate monographs of publishabale quality that meet peer review standards and are applicable in local settings;

Develop adjunct professorship arrangements for outstanding staffof the Administration to share practical experiences with undergraduate and graduate students;

Establish mentor ship programs for high school students and junior staff of the Administration who may wish to pursue research careers in en& onmental health;

Assist in the design, development, planning and evaluation of information management technology within the Administration ( a) to ensure that all divisions and bureausmaximize their use of computer technology in their field operations, analysis of data, and dissemination of findings; and @) to connect all divisions, bureaus, and offices in the administration to a computer network;

Establish for each progrm unit, division and bureau, databases that capture all program and office objectives;

Establish an environmental health database for the Administration that links the databases of all programs, divisions and bureaus;

Explore and, if'feasible, establish data agreements with other D. C. and federalagencies that meet informedconsent and confidentiality concerns in order to link environmental health data with health and socioeconomic information;

Develop the technical capacity of the Administration to assist researchers with data on environmental health if they meet relevant D. C. rules and . regulations;

Develop the cap& of the Administration to provide technicalassistance on information management systems to community based organizations and other interested parties; and 7 GOVERNMENT OFTHE DISTRICTOF COLUMBIA 0.0.5 x5: 01/ 12/ 98 9 EEL4 KI 343 5 8. Receive caserefd fromDivision Compliance Officers for enforcement actions, including but not limited to, issuing Notices of Non Compliance or violations, revoking licensdpermits, negotiating agreements, consent decrees and memoranda of understanding;

9. Represent the Administration in administrative hearings;

10. Assist the District Office of the Corporation Counsel and other federal agencies with litigation;

11. Work closely with the EPA's Office of Enforcement & Compliance Assurance to ensure that the most effective enforcement measures are accessible and utilized by the District; <

12. Provide comprehensive, consistent and aggressive enforcement against violators and repeat violators while, deterring potential violators;

13. Develop relationships with local, national and special interest media to publicize successhi enforcement measures; and 14. Network with surrounding and nationwide jurisdictions to improve enforcement strateges and to identify regional and national issues of potential significance to the District.

D. BUREAU OF ENVIRONMENTAL QUALXTY Air Quality Division 1. Develop and implement plans and programs for meeting and maintaining Federal and District air quality standards and abating asbestos and lead hatards;

2. Operate and maintain an air quality monitoring network in accordance with Districtand Federal regulations;

3. Provide testing and analysis of stationary sources of air pollution and develop appropriate plans and procedures for controlling emissions;

91GOVERNMENT OF THE DISTRICT OF COLUMBLA 0.0.5 11 EHA T. L. 5: OIa2mi IT SB S 17. Develop and implement a permit program;

18. Develop and implement plans for the control of air pollutant emissions From both stationary and mobile sources; and 19. Carry out timely/ appropriate enforcement actions.

Water Quality Division 1. Regulate activities affectingthe drinking water in the District;

2. Analyze the availability of Federal construction fbnds under the Safe Drinking Water Act and the Federal Clean Water Act and prepare the mud project priority list to protect the public health;

3. Investigate incidents of impaired drinking water quality and any related public health problems;

4. Regulate activities affecting wetlands;

5. Regulate dredge and f3activities;

6. Regulate the discharges of polIutants to the surface and ground water to protect the water quality and the public health;

7. Establish ground and surface water quality standards;

8. Conduct watershed planning for the allocation of point and non point sour=. loads to the rivers;

9. Protect groundwater aquifers used for drinking water;

10. Enforce regulations concerning oil spills to surface waters and require restoration of damages to natural resources;

I I. Collect river water, groundwater and biological samples;

12. Conduct water quality assessments, biological surveys and stream rehabilitation projects;

7 GOVERNMENT OF THE DtSTRICT OF COLUMBIA 0.0.5 T. 1. S: 01/ 12/ 98 13 EEL4 Ii 3 B 5 3. Conduct. routine and specialized inspections of storm water runoff pollution control facilities and enforce storm water management regulations to protect the public health and safety;

4. Upgrade storm water management regulations, standards and specifications;

5. Review Environmental Impact Studies and Assessments for technical adequacy;

6. Review and approve geotechnical repons;

7. Develop, upgrade and maintain an inventory of storm water best management practices in accordance with Chesapeake Bay Program requirements;

8. Assist in the coordination of activities related to storm water BMP monitoring;

9. Represent the District on various techcal committees and work groups of the Chesapeake Bay Program;

10. Develop guidancemanuals and othertechnical publications to educate the public on the proper construction, operation and maintenance of storm water control facilities to attain better pollutant removal efficiencies;

11. Implement the District's Flood Hazard Regulations and all Federal Emergency Management Agency regulations applicable to flood plain management;

12. Restrict uses, activities and developments fiom locating in flood hazard areas;

13. Require all uses, activities and developments to be protected to prevent flood damage;

14. Protect citizens frombuying landproperties which are unsuitable for intended purposes because of flood hazards;

GOVERNMENT OF TBE DISTRlCT OF COLUMBU / U\ 0.0.5 15 EAA US: 01/ 12/ 98 TI 343 5 Fish and Wildlife Division Ensures adequate protection and. preservation of fish and wild life and their habitats within the District through the enforcement of District and federal regulations resulting in a healthy and diverse population of aquatic and wildlife species.

1. Manage the fisheries and aquatic resources of the District;

2. Regulate activities affecting the fisheries and aquatic resources;

3. Promote the sport of recreational fishing and associated activities in the District;

4. ReguIate activities afF& g submerged aquatic vegetation;

5. Conduct monthly fisheriesbiological survey of the Anacostia and Potomac Rivers;

6. Maintain and update a fisheries and aquatic organism and basic water quality database;

7. Coordinate withthe MetropolitanPoliceDepartment and the Capital Park Police to enforce the fishing regulations;

8. Establish and implement a fishing licensure program and coordinate with areafishxng licensevendors to ensure prompt and courteous service to the public;

9. Development access points to improve fishing opportunities, i. e., boat ramps and fishing piers;

10. Develop and implement Aquatic Resources edudon programs for school age children and for the general public;

1 1. Manage and protect the wildlife resources in the District;

4 GOVERNMENT OF THE DISTRICT OF COLUMBLA 0.0.5 5: Oi/ lZBfi 5.

6.

7.

8.

9.

10.

11.

12. 17 EHA rr 343 5 outlets where pesticide products are sold and conduct use inspections during the application of pesticides with pesticide applicators and registered employees. Collect samples of pesticides or residues as appropriate for enforcement purposes;

Issuefieid notices, letters of warning, civil infiaction citations, settlement ageements, certification Suspensions and stop sale, use or removal orders when violations are documented;

Draft proposed changes to regulations to comply with changes in federal laws and regulations and prepare an authorization application for EPA approval for new componentsofthe pesucide program in lieu of enforcing the federal components;

Respond to releases of or abandonment of pesticides and toxins at the request of the Mayor's Command Center, the District's Hazardous Msterials Unit, or citizens' complaints;

Prepare grant applications and amendments as needed and ensure that expenditures are within established budgets. Prepare required quarterly, midyear and yearend status repons of program performance for EPA Regon 111;

Develop a state management plan for the protection of groundwater fkom pesticide contamination. Continue to monitor the District's endangered species to assure its protection fiom pesticide exposure;

Continue to implement the worker protection program for greenhouse operators;

Establishpartnerships between District agencies to facilitate the asbestos abatement program in schools. Provide outreachkornpiianceassistance to regulated community on asbestos regulations administered by the Division. Provide outreachlcompliance assistance for " management in place" of asbestos fibers for all locations in the regulated community;

Establish policies and procedures for inspections, case review, case deveiopment and managementlmaintenae of fileddata in asbestos anc lead programs;

GOVERNMENT OF THE DISTRICT 9F COLUMBU 12 0.0.5 01/

3

4.

5.

6.

7.

8.

9.

10.

11.

12.

13. 19 EBA n 34 5 pennit application forms and conducted a public participation program for the issu& w, of such a permit;

Conduct Compliance Evaluation Inspections of hazardous waste generators, transporters and treatment, storage and disposal facilities;

Establish a priority, health risk based inspection targeting plan to a comprehensive compliance inspectioddorcement program;

Issue Notices of Violation or Civil hfhction Notices to the regulated community in instances where violations are encountered;

Enter inspection and permitting data into the Region I11 federal RCRIS data base;

Developand mairrtain a " District spectfic" database to track generators of hazardous waste;

D& proposed changes to regufations aschanges in technology or federal requirements occur and prepare an authorization application for EPA approval for new components of the program in lieu of enforcing the federal component;

Prepare annual grant application and amendments as needed and ensure that expenditures are within established budgets;

Prepare required monthly, mid year and year end status repons of program performance for EPA Region ID;

Respond to freedom of information requests;

Respond to releasesor abandonment of hdous waste at the request ol the Mayor'sCommandCenter, the District's Hazardous Materials Unit, 01 citizens' complaints;

Require fTom alI gaeraton of hazardous waste a biennial report of wastc generated at their facility for the previous year,

GOVERNMENT OF THE DISTRICT OF COLUMBL 0.0.5 Olll~

5.

6.

7.

8.

9.

10.

11.

12. 21 EEL4 II 3 B 5 Review and evaluate in place tank closure assessment aepons to determineifapnor release had occurred which may require additional site assessment, monitoring, corrective action prior to bringing the case to finalciosure;

Establisha " web page" on the Internet for Underground Storage Tanks;

Review and approve site assessment and corrective action work plans. Where appropriate, require modifications to the plans through the review of submitted repons, on site inspections to assure that all remediation clean up activities are adequately addressed;

Act as the Department's representative for the District's Emergency Response Plan and provide 24 hour coverage of releases of hazardous materials or toxic substances into the environment as requested by the Officeof Emergency Preparedness, Haz Mat Unit, the D. C. Fire Department or citizen's complaint;

Initiate, authorize and oversee the expenditure and recovery of expended Districtandor Federal TrustFunds for the clean up of contaminated sites where immediate action is required, the owner or operator cannot be found, is insolvent, refuses to undertake corrective action or is incapable of proper implementation of the required corrective action;

Review and process Freedom of Information Act requests. Review Environmental Impact Screening Formsto identify potential effects of proposed construction projects;

Serve as the coordinator and establish a remediation task force unit with rmves fiom other Divisionfor consistency and uniformity with the Administration regarding the avdable scientific technologies for the remediation of contaminated sites, procedures site investigations, site assessment and corrective action protocols, and unified enforcement actions for returning a contaminated site to an environmentally sound condition that is also protective of human health;

Prepare grant applications and amendments as needed and ensure that evditures are wtthirt established budgets. When additional federal non

GOVERNMENT OF THE DISTRICT OF COLUMBlF 0.0.5 01/ 12/ 98 6.

7.

8.

9. 23 EE A II 3& 5 Ensure compliance with quality assurance regulations for retail food estabiistuneras through the sampling and analysis of food products for fat, water content and bacteriological identification and count;

Train and assist food service managers to follow Hazard Analysis and Critical ControlPoints procedures to provide self evaluations food safety assurance;

Provide educational and technical assistance to the food service industry in developing theirown in house safety assurance programs in preventing food borne disease; and Develop and implement Truth h Menu to protect consumers fiom unfair trade practices in the misrepresentationsof pricing and food products.

Radiological Hcalth and Medical Devices Division 1.

2.

3.

4.

5.

6. Review applications and issueradiologid and medical device licenses and registrations and controlled substance registrations to health care practitioners and facilities;

Conduct compliance inspectionsand investigations of the licensees and registrants of x ray equipment, other radioactive equipment, and sealed radioactive materials;

Implement the federal Mammography Quality Standards Act in the Distria including the required inspections of mammography equipment;

Conduct " special" inspectiodivestigations pursuant to court order= consent decrees and requests @ om FDq EPA, and the Nuclea Regulatory Commission invoiving radioactive equipment ando materials);

Review architectural plans of officesand buildings for the installation an use of radioactive equipment and materials;

Monitor the use of laser equipment used for medical or other purpose:

GOVERNMENT OF TEIE DIS'I'RtCT OF COLUMB1 0.0.5 0

V.

VL MI. 25 EHA II 3& 5 8. Review applications for approval of licensure and provide consultation to applicants of patent medicine licenses; conduct complaint investigation filed regarding patent ( over the counter) medicines sold by licensees;

9. Coordinate and implement pharmaceutical recalls. including those mandated by FDA, and conduct embargo andor seizure of pharmaceuticals determined to be misbranded andor adulterated; and 10. Provide mllSUkatiVe sessions/ seminarS for ticensees/ regisuants/ applicants, and educational seminars for the public.

11. Publish annual list of approved controlled substances delineated in the 5 pharmaceutical schedules.

STAFFING PA ITERN: AU positions encumbered of unencumbered as shown in attachment B are transferred or are established in the Environmental Health Administration.

TRANSFER OF RESOURCES: All unexpended balances of appropriations, allocations, and other hnds available or to be made available; and all property, equipment, and records directly associated with the positions Listed in attachment B are transferred to the Environmental Health Administration.

EFFECTIVE DATE: This order shall take effect immediately.

Allan S. Noonan, M. D., M. P. H. Director GOVERNMENT OFTHE DISTRICT OF COLUMBIA 0.0.5 27 EEL4 Ol/ lt/ 9% II 3 B 5 ATTACHMENT B.

STAFFING GOVERNMENT OF THE DISTRICT OF COLUMBIA Division  District of Columbia NOVEMBER 3,2000 DRAFT QAPP 24. Figure 6. RiskAssessment, Remediation & Certification Functional Organization Chart Officeof the LEADPOISONING, SCREENING AND EDUCATION PROGRAM ( FORMERLY CEILDEOOD LEADPOISONING PREYENTION ( CLPPP) PROGRAM Office of C omnrche, Program Manager A peter so^ Clend A% slrriant M MarC~ Clend AssWant/ R~ epbowt Officeof I

/ I Officeof Adjwbcahon and Harold Knight Rcpmentative Centers for Dlsaoc Conf~ oi CASE MANAGEMENT NurseSpec. ( want) Inveshgatcr( 15)

t 1 SWV. f PUBLIC DEMONSTRATIONS EARDWAfCEfORCANC&% TIONS, FAIRSANDEVENTS I I PUBLICATIONS, BROCEURES AND MEDIA CONTACTS' Yamga[ 4@ W I hogram spec.[ 4aYgX t) Lead Poisoninghevention Dirisian QA OEcer, ( ETM Knuckles)

Risk Assessment, Remediation and Certification Program R Brewster, Program Manager D Newion, Admmstrahvc Asslstanr LEAD LABORATORY CONSTRUCTJON MONITORING R.. Waldnm.

I AUDITING, AND COMPLIANCE MONITORING ( Inrpoction)

I I CERTIFICATION, PERMITSAND NOTIFICATIONSI PemntF'mce5aiEnwonmtntaE~ nnmrrr / 5 RISKASSESSMENT I. Hawkms HPROVIDER TRAAINMG ACCREDITATION UI GOVERNMENT OF THE DISTRICT OF COLI. INIBIA Department of Health Environmental Health Administration **+

MEMORANDUM m Allstaff LeadPoisoning PreventionProgram FROM:

DATE: May 18,2000 SUBTECT: lxdipmm of Lead Poisoning Prevention Program Attachments cc: TheodoreJ. Gordon MauriceKnuckles, Ph. D.

~

. _._ __ 51 Strrct NE, 3rd Floor, Washington, DC 20002 ( 202) 535 2270 Fzs: ( 202) 535 1382 I r r CM 0 I 0 * I. I * P b"


[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53947-53948]
[FR Doc No: 2018-23329]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162; FMCSA-
2012-0163; FMCSA-2014-0018]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 94
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.

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., ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-
2012-0162; FMCSA-2012-0163; FMCSA-2014-0018, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On July 17, 2018, FMCSA published a notice announcing its decision
to renew exemptions for 94 individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV
in interstate commerce and requested comments from the public (71 FR
32177; 71 FR 45097; 75 FR 36775; 75 FR 50797; 77 FR 36333; 77 FR 40941;
77 FR 46791; 77 FR 51845; 79 FR 41723; 79 FR 56105; 81 FR 91242). The
public comment period ended on August 16, 2018, and one comment was
received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
    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.

III. Discussion of Comments

    FMCSA received one comments in this preceding. Henry Duke submitted
a comment supporting evaluation of commercial drivers with ITDM, at
minimum by a physician familiar with the Medical Qualifications for
Commercial Drivers. The commenter voiced disagreement with the current
regulation regarding insulin use, and suggested that ITDM should not be
a disqualifying condition. Finally, the commenter voiced the concern
that drivers may not disclose their insulin use to the certifying
Medical Examiner.
    On September 19, 2018, FMCSA published the Qualifications of
Drivers; Diabetes Standard final rule, removing the blanket prohibition
of insulin use and adopting a revised physical qualification standard
for operators of CMV with ITDM (83 FR 47448). The revised regulation
eliminates the need for a Federal diabetes exemption and allows
certified medical examiners, in consultation with the individual's
treating clinician and use of the new Insulin Treated Diabetes Mellitus
Form, MCSA-5870, to evaluate and determine whether to grant an ITDM
individual a medical examiner's certificate (MEC). Federal exemptions
are currently being granted to individuals that applied prior to the
publication date, such as those in this notice, to ensure that they can
continue to drive until the final rule is effective on November 19,
2018.

IV. Conclusion

    Based on its evaluation of the 94 renewal exemption applications
and comments received, FMCSA confirms its' decision to exempt the
following drivers from the rule prohibiting drivers with ITDM from
driving CMVs in

interstate commerce in 49 CFR 391.41(b)(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of August
and are discussed below.
    As of August 6, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten 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 36333; 77 FR
46791; 81 FR 91242):

Bruce R. Bennett (MN)
Stephen W. Best (PA)
Steven D. Hancock (IN)
Michael A. Hendrickson (OR)
James B. Hills (KS)
Charles Keegan, Jr. (NJ)
Londell W. Luther (MD)
Darrell L. Meadows (TX)
Allyn E. Smith (SD)
Jason R. Zeorian (NE)

    The drivers were included in docket number FMCSA-2012-0162. Their
exemptions are applicable as of August 6, 2018, and will expire on
August 6, 2020.
    As of August 8, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 23 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (71 FR 32177; 71 FR
45097; 81 FR 91242):

Scott R. Anderson (WI)
Robert R. Chase (NE)
Todd A. Dean (WV)
Dale R. Gansz (IL)
Donald W. Havourd, Sr. (CT)
Jeffrey M. King (OR)
Jeffrey S. Knight (WA)
Edward V. Kruse (IA)
Lee P. Lembke (WI)
Dominick T. Mastroni (KS)
Derril W. Nunnally (GA)
Robert L. Pflugler, Jr. (PA)
Ronald B. Purdum (IL)
Wilbert C. Rasely, Jr. (PA)
Ron R. Rawson (AZ)
Duane C. Rieger (ND)
Gregory A. Rigg (MI)
Vernon L. Small (CO)
Walter D. Stowman (NJ)
Henry B. Walker-Waltz (OR)
Arthur C. Webber (PA)
Scott A. Wertz (ND)
Danny R. Wood (MO)

    The drivers were included in docket number FMCSA-2006-24210. Their
exemptions are applicable as of August 8, 2018, and will expire on
August 8, 2020.
    As of August 17, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 36775; 75 FR
50797; 81 FR 91242):

Gary L. Alexander (MO)
Daniel E. Bergstresser (NY)
Stephen F. Clendenin (NY)
Pradip B. Desai (PA)
Howard M. Galton (IL)
Steve Gumienny (CA)
Hubert S. Paxton (KY)

    The drivers were included in docket number FMCSA-2010-0162. Their
exemptions are applicable as of August 17, 2018, and will expire on
August 17, 2020.
    As of August 19, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 45 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 41723; 79 FR
56105; 81 FR 91242):

Charles Ackerman Jr. (NJ)
William J. Applebee (WI)
Benjamin L. Baxter (MI)
Stephen M. Berggren (MN)
Patrick J. Burns (MN)
Robert L. Caudill (OH)
Charles L. Cran (WI)
Kevin W. Elder (NC)
Michael J. Eldridge, Sr. (IA)
Kevin D. Erickson (WI)
Dale A. Godejohn (ND)
Robert R. Gonzales (CA)
Norman D. Groves (MO)
Kenneth F. Gwaltney (IN)
Mathew R. Hale (KS)
Donald K. Hamilton (FL)
John L. Holtzclaw (MO)
Christopher H. Horn (NH)
Kip J. Kauffman (WI)
Christopher J. Kittoe (WI)
Joshua L. Kroetch (MN)
Salvador Lopez (AZ)
Joseph M. Macias (NM)
Robert J. Marino (NJ)
David J. McCoy (UT)
William E. Medlin (MN)
Carlos A. Napoles, Jr. (NJ)
Kathryn J. Nelms (KS)
Antonio C. Oliveira (PA)
Christopher P. Overton (IL)
Stephen J. Pelton (PA)
Bryant S. Perry (NC)
Kenneth R. Perschon (IL)
Joseph R. Polhamus (LA)
Rodney B. Roberts (MS)
Mark J. Rone (IL)
John J. Steigauf (MN)
William L. Thompson (MN)
Robert D. Watts (TX)
Cindy L. Wells (NY)
Charles W. White (IN)
Michael G. Worl (MT)
Tommy W. Wornick (TX)
Robert T. Yeftich (IN)
Chad C. Yerkey (PA)

    The drivers were included in docket number FMCSA-2014-0018. Their
exemptions are applicable as of August 19, 2018, and will expire on
August 19, 2020.
    As of August 27, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine 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 40941; 77 FR
51845; 81 FR 91242):

Randall W. Amtower (WV)
Steven Brickey (CO)
Randall L. Corrick (ND)
Raymond G. Gravesandy (NY)
Gregory M. Harris (TX)
Kelly M. Keller (ND)
Joseph L. Miska (MN)
Jacob D. Oxford (ID)
Ramon I. Zamora-Ortiz (WA)

    The drivers were included in docket number FMCSA-2012-0163. Their
exemptions are applicable as of August 27, 2018, and will expire on
August 27, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

    Issued on: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23329 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P