[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53949-53951]
[FR Doc No: 2018-23330]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379]

Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 145
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before November
26, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0328; FMCSA-2012-0282;
FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225;
FMCSA-2016-0379 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<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. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283;
FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. 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-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, 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.

C. 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control [``diabetes standard''].
    The 145 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse

evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take
immediate steps to revoke the exemption of a driver.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the diabetes standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 145 applicants has satisfied the renewal conditions for
obtaining an exemption from the diabetes standard (see 75 FR 63536; 75
FR 77952; 77 FR 63411; 77 FR 64181; 77 FR 75492; 77 FR 75493; 79 FR
66451; 79 FR 70920; 80 FR 2479; 80 FR 5613; 81 FR 84677; 81 FR 85312;
81 FR 92941; 82 FR 12880; 82 FR 12890). They have maintained their
required medical monitoring and have not exhibited any medical issues
that would compromise their ability to safely operate a CMV during the
previous two-year exemption period. These factors provide an adequate
basis for predicting each driver's ability to continue to drive safely
in interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of two years is likely
to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of December
and are discussed below:
    As of December 9, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 26 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 66451; 80 FR
2479; 81 FR 92941):

Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Lorenza K. Jefferson (VA)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway, Sr. (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Terrence A. Proctor (MD)
Heber E. Rodriguez (VA)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)

    The drivers were included in docket number FMCSA-2014-0308. Their
exemptions are applicable as of December 9, 2018, and will expire on
December 9, 2020.
    As of December 14, 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 (75 FR 63536; 75 FR
77952; 81 FR 92941):

William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Robert Minacapelli (NY)
Joe E. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)

    The drivers were included in docket number FMCSA-2010-0328. Their
exemptions are applicable as of December 14, 2018, and will expire on
December 14, 2020.
    As of December 20, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 15 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 63411; 77 FR
64181; 77 FR 75492; 77 FR 75493; 81 FR 92941):

James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)

    The drivers were included in docket numbers FMCSA-2012-0282; FMCSA-
2012-0283. Their exemptions are applicable as of December 20, 2018, and
will expire on December 20, 2020.
    As of December 24, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 32 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 84677; 82 FR
12890):

Rickey C. Alvis (NC)
Bennie L. Baker (TX)
Darious A. Ballou (NC)
Salauddin Baset (TX)
Ralph G. Caffee (PA)
David L. Cheshire (MI)
Allan S. Clugston (NY)
Jimmy D. Curtis (TX)
Larry D. Dearth (WI)
Keith M. Dickerson (WI)
James J. Dorio (PA)
Virgil J. Erhardt (IA)
Jimmy J. Fanelli (OR)
William L. Garrity (CT)
Robin D. Gibson (DC)
Steven W. Harry (OR)
Jay M. Hill (CO)
Paul J. Horne (NY)
John E. Kerby (NE)
Adam R. Kleist (OR)
Jacob A. Knezevich (NM)
Joel A. Kroll (SD)
Edwin J. Lundquist (MN)
Stephen C. Mickle (AL)
Tyler J. Oakland (NE)
Martin J. Reding (OR)
Daniel A. Rivera (FL)
Gerald J. Rosauer (WI)
Chester G. Selfridge (PA)
Paul A. Sheehan (PA)
Michael W. Sutton (WA)
Noah E. Thompson (AL)

    The drivers were included in docket number FMCSA-2016-0225. Their
exemptions are applicable as of December 24, 2018, and will expire on
December 24, 2020.
    As of December 28, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 26 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 85312; 82 FR
12880):

Mitchell G. Aucoin (NH)
Nelson T. Barninger (PA)
Thomas J. Bonura (TX)
Todd M. Boughter (PA)
Bradley J. Brown (OH)
Alex Caterson (PA)
Kimberly J. Davis (CT)
Earl C. Duke (VA)
David A. Evans (PA)
Robert H. Haines (PA)
Anthony L. Hamilton (TX)
Donovan K. Helton (VA)
Ricky W. Knudsen (MN)
Brandon S. Koehn (KS)
Stephen B. Macisaac (NY)

Corey M. McCormack (CA)
Melvin W. Miller (MI)
Anthony H. Patrick (KY)
Danny L. Peterson (WI)
Robert L. Rich, Jr. (MN)
Eugene P. Roever (AR)
Jim W. Royer (MN)
David E. Schoch (NJ)
Joshua D. Taylor (MO)
Clyde L. Weaver (NC)
Jason A. Weiss (IL)

    The drivers were included in docket number FMCSA-2016-0379. Their
exemptions are applicable as of December 28, 2018, and will expire on
December 28, 2020.
    As of December 29, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 37 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 70920; 80 FR
5613; 81 FR 92941):

Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
John E. Wildenmann (KY)

    The drivers were included in docket number FMCSA-2014-0309. Their
exemptions are applicable as of December 29, 2018, and will expire on
December 29, 2020.

V. Conditions and Requirements

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

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 145 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23330 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8019-8020]
[FR Doc No: 2018-03648]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM18-7-000]

Withdrawal of Pleadings

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to adopt a more accurate title of
Withdrawal of pleadings (Rule 216), for Rule 216 of the Commission's
Rules of Practice and Procedure. The Commission also proposes to
clarify the text of the Rule.

DATES: Comments are due March 26, 2018.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:  Vince Mareino, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:
    1. In this Notice of Proposed Rulemaking (NOPR), the Commission
proposes to clarify the title and text of Rule 216 of the Commission's
Rules of Practice and Procedure, 18 CFR 385.216. The Commission
proposes to adopt a more accurate title of ``Withdrawal of pleadings
(Rule 216).'' The Commission also proposes to clarify the text of the
Rule.

I. Discussion

    2. The Commission proposes two changes to Rule 216. First, the
current title may confuse some readers by implying that Rule 216
governs the withdrawal of tariff or rate filings, which are instead
governed by separate

regulations.\1\ Thus, the Commission proposes changing the title from
``Withdrawal of pleadings and tariff or rate filings (Rule 216)'' to
``Withdrawal of pleadings (Rule 216).''
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    \1\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13.
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    3. Second, the Commission proposes changing the first sentence of
Rule 216(a) to read, ``Any person may seek to withdraw its pleading by
filing a notice of withdrawal.'' This change clarifies that it is the
person who has submitted a pleading that may withdraw that pleading.
The Commission also proposes a conforming change, to refer to
``person'' rather than ``party,'' in Rule 216(c).

II. Information Collection Statement

    4. Review by the Office of Management and Budget, pursuant to
section 3507(d) of the Paperwork Reduction Act of 1995, is not required
since this NOPR does not contain new or modified information collection
or recordkeeping requirements.

III. Environmental Analysis

    5. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\2\ Section
380.4(a)(1) of the Commission's regulations exempts certain actions
from the requirement that an Environmental Analysis or Environmental
Impact Statement be prepared.\3\ Included is an exemption for
procedural actions. As this NOPR falls within that exemption, issuance
of the NOPR does not represent a major federal action having a
significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act, and, thus, does not require an Environmental Analysis or
Environmental Impact Statement.
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    \2\ Regulations Implementing National Environmental Policy Act
of 1969, Order No. 486, FERC Stats. & Regs. 30,783 (1987) (cross-
referenced at 41 FERC 61,284).
    \3\ 18 CFR 380.4(a)(1) (2017).
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IV. Regulatory Flexibility Act Analysis

    6. The Regulatory Flexibility Act of 1980 (RFA) \4\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This NOPR concerns clarifications to agency procedure. The Commission
certifies that the proposed clarifications will not have an economic
impact upon participants in Commission proceedings and, therefore, an
analysis under the RFA is not required.
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    \4\ 5 U.S.C. 601-612 (2012).
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V. Comment Procedures

    7. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due March 26, 2018. Comments must refer to
Docket No. RM18-7-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    8. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    9. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    10. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VI. Document Availability

    11. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    12. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    13. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].

    By direction of the Commission.

    Issued: February 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

List of Subjects in 18 CFR Part 385

    Electric power rates, Electric power, Reporting and recordkeeping
requirements.

    In consideration of the foregoing, the Commission proposes to amend
Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 385 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).

0
2. Revise the title of section 385.216 to read as follows:

Sec.  385.216  Withdrawal of pleadings (Rule 216).

0
3. Revise section 385.216(a) to read as follows:
    (a) Filing. Any person may seek to withdraw its pleading by filing
a notice of withdrawal. The procedures provided in this section do not
apply to withdrawals of tariff or rate filings, which may be withdrawn
only as provided in the regulations under this chapter.
* * * * *
0
4. Revise section 385.216(c) to read as follows:
* * * * *
    (c) Conditional withdrawal. In order to prevent prejudice to other
participants, a decisional authority may, on motion or otherwise,
condition the withdrawal of any pleading upon a requirement that the
withdrawing person leave material in the record or otherwise make
material available to other participants.

[FR Doc. 2018-03648 Filed 2-22-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31855-31857]
[FR Doc No: 2018-14672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0050; Airspace Docket No. 17-AEA-3]
RIN 2120-AA66

Establishment of Canadian Area Navigation (RNAV) Route T-705;
Northeastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Canadian area navigation (RNAV) route
T-705 in the Northeastern United States (U.S.) by extending the route
into U.S. airspace. The FAA is taking this action to expand the
availability of RNAV routing and fill a gap in routing in northeastern
New York that resulted from the decommissioning of the Plattsburgh, NY,
VHF Omnidirectional Range Tactical Air Navigation (VORTAC).

DATES: Effective date 0901 UTC, September 13, 2018. 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 7400.11B, 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:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11B at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register for Docket No. FAA-2018-0050 (83 FR 9452; March 6, 2018), to
establish Canadian area navigation (RNAV) route T-705 in the
Northeastern United States (U.S.) by extending the route into U.S.
airspace. The FAA proposed this action to expand the availability of
RNAV routing and to fill a gap in routing in northeastern New York that
resulted from the decommissioning of the Plattsburgh, NY, VORTAC. The
PBERG, NY, waypoint (WP) has been established and charted near the
location of the former Plattsburgh, NY, VORTAC.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Two comments
were received; both supported the proposal.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR),
part 71 by establishing Canadian RNAV route T-705 in the northeastern
U.S. by extending the route into U.S. airspace. T-705 currently extends
between the IKNAR, Canada, WP, located approximately 90 nautical miles
(NM) north of Montreal, Canada, and the DUNUP, Canada, WP, located
approximately 25 NM southeast of Montreal. This action extends T-705
from the DUNUP, Canada, WP through the EBDOT, Canada WP, then into U.S.
airspace via the LATTS, NY, and PBERG, NY, WPs. From the PBERG WP, the
route proceeds to the RIGID, NY, fix, and from that point, it overlies
VOR Federal airway V-196 to the Utica, NY, VORTAC. The amended T-705
provides continuous RNAV routing between Utica, NY, and Montreal,
Canada, and points north of Montreal to the IKNAR, Canada, WP.
    Canadian area navigation routes that extend into United States
airspace are published in paragraph 6013 of FAA Order 7400.11B, dated
August 3, 2017 and effective September 15, 2017, which is incorporated
by reference in 14 CFR 71.1. The area navigation route listed in this
document will be subsequently published in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of establishing Canadian
RNAV route T-705 in the U.S. qualifies for categorical exclusion under
the National Environmental Policy Act and its implementing regulations
at 40 CFR part 1500, and in accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and Procedures, Paragraph 5-6.5a, which
categorically excludes from further environmental impact review
rulemaking actions that designate or modify classes of airspace areas,
airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points). As such, this action is not expected to cause
any potentially significant environmental impacts. In accordance with
FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances,
the FAA has reviewed this action for factors and circumstances in which
a normally categorically excluded action may have a significant
environmental impact requiring further analysis. The FAA determined
that no extraordinary circumstances exist that warrant preparation of
an environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for 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 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017 and
effective September 15, 2017, is amended as follows:

Paragraph 6013 Canadian Area Navigation Routes.

* * * * *

T-705 Utica, NY (UCA) to IKNAR, Canada [New]

Utica, NY (UCA)..............  VORTAC..........  (Lat. 43[deg]01'35.45'' N, long. 75[deg]09'52.28'' W).
USICI, NY....................  Fix.............  (Lat. 43[deg]11'23.04'' N, long. 75[deg]03'06.15'' W).
GACKE, NY....................  Fix.............  (Lat. 43[deg]19'11.10'' N, long. 74[deg]57'40.88'' W).
BECKS, NY....................  Fix.............  (Lat. 43[deg]32'56.63'' N, long. 74[deg]48'03.47'' W).
SMAIR, NY....................  Fix.............  (Lat. 44[deg]03'32.47'' N, long. 74[deg]26'20.99'' W).
FOSYU, NY....................  Fix.............  (Lat. 44[deg]12'25.39'' N, long. 74[deg]19'58.15'' W).
Saranac Lake, NY (SLK).......  VOR/DME.........  (Lat. 44[deg]23'04.41'' N, long. 74[deg]12'16.21'' W).
RIGID, NY....................  Fix.............  (Lat. 44[deg]35'19.53'' N, long. 73[deg]44'34.07'' W).
PBERG, NY....................  WP..............  (Lat. 44[deg]42'06.25'' N, long. 73[deg]31'22.18'' W).
LATTS, NY....................  WP..............  (Lat. 44[deg]51'29.78'' N, long. 73[deg]32'29.26'' W).
EBDOT, CD....................  WP..............  (Lat. 45[deg]05'25.23'' N, long. 73[deg]34'01.25'' W).
DUNUP, CD....................  WP..............  (Lat. 45[deg]17'34.90'' N, long. 73[deg]35'21.89'' W).
TAMKO, CD....................  INT.............  (Lat. 46[deg]02'54.00'' N, long. 73[deg]54'39.00'' W).
LIVBA, CD....................  WP..............  (Lat. 46[deg]14'17.05'' N, long. 73[deg]57'05.38'' W).
NOSUT, CD....................  WP..............  (Lat. 46[deg]21'38.00'' N, long. 73[deg]58'38.00'' W).
IKNAR, CD....................  WP..............  (Lat. 47[deg]11'35.44'' N, long. 74[deg]09'31.38'' W).

    Excluding the airspace within Canada.

    Issued in Washington, DC, on July 2, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-14672 Filed 7-9-18; 8:45 am]
 BILLING CODE 4910-13-P


DRAFT: Appendix A Forms A 1 Appendix A 2006 Form U DRAFT: Appendix A Forms A 2 Report Number Mark " X" here if this is a revision to the previous report Previous Report Number PAGE 1 of ____ ( IMPORTANT: Type only, read instructions before completing form)

U. S. Environmental Protection Agency Washington, DC 20460 Partial Updating of TSCA Inventory Data Base Production and Site Report ( Section 8( a) Toxic Substances Control Act, 15 U. S. C. 2607)

PART I. SITE IDENTIFICATION INFORMATION SECTION I. CERTIFICATION Certification Statement: I hereby certify to the best of my knowledge and belief that ( 1) all information entered on this form is complete and accurate; and ( 2) the confidentiality statements at the end of this form are true and correct as to that information for which I have asserted a confidentiality claim.

1.1 Signature 1.2 Date signed 1.3 Name 1.4 Official Title SECTION II. PARENT COMPANY AND TECHNICAL CONTACT INFORMATION 2.1 Parent Company Name 2.2 Parent Company Dun & Bradstreet Number 2.3 Technical Contact Name 2.4 Technical Contact Telephone ( w/ Area Code) 2.5 Technical Contact Email Address Technical Contact Mailing Address 2.6 Technical Contact Address ( Line1)

2.7 Technical Contact Address ( Line 2)

2.8 City 2.9 State 2.10 Zip Code SECTION III. PLANT SITE IDENTIFICATION 3.1 Plant Site Name 3.2 Plant Site Dun & Bradstreet Number EPA Facility Identification Number ( for Agency Use Only) LEAVE BLANK 3.3 Street Address ( Line 1)

3.4 Street Address ( Line 2)

3.5 City 3.6 County/ Parish 3.7 State 3.8 Zip Code EPA Form Number < XXXX X> ( Rev 7/ 11/ 02)  Previous editions are obsolete Form Approved OMG Number : XX/ X XXXX FORM U 2006 DRAFT: Appendix A Forms A 3 Page ___ of ___

PART II. MANUFACTURING INFORMATION SECTION I. CHEMICAL IDENTIFICATION CBI*

1.1 Chemical Identifying Number 1.2 ID Code 1.3 Chemical Name SECTION II. MANUFACTURING INFORMATION 2.1 Company Information CBI 2.2 Plant Site Identity* CBI a. Physical Form b. Percent of Production Volume in Each Physical Form Check All That Apply CBI Percent CBI 2.3 Site Limited ( Y/ N) CBI 2.9 Dry Powder 2.4 Activity ( M, I or both) CBI 2.10 Pellets or Large Crystals 2.5 Production Volume ( LB) CBI 2.11 Water or Solvent Wet Solid 2.6 Production Volume Range CBI 2.12 Other Solid 2.7 Number of Workers ( code) CBI 2.13 Gas or Vapor 2.8 Maximum Concentration ( code) CBI 2.14 Liquid PART III. PROCESSING AND USE INFORMATION Complete Part III, Section I and II only if the production volume noted in Part II, Section II, Block 2.5 is greater than or equal to 3,000,000 lb/ year SECTION I. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 SECTION II. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 * Substantiation required for CBI claims on chemical identity and plant site identity. REPORT NUMBER DRAFT: Appendix B Definitions B 1 Appendix B Definitions Act is the Toxic Substances Control Act.

Administrator means the Administrator of the U. S. Environmental Protection Agency, any employee or authorized representative of the Agency to whom the Administrator may either herein or by order delegate his/ her authority to carry out his/ her functions, or any other person who will by operation of law be authorized to carry out such functions.

Articles are any manufactured item that: ( 1) are formed to a specific shape or design during manufacture, ( 2) have end use function( s) dependent in whole or in part upon its shape or design during end use, and ( 3) have either no change of chemical composition during its end use or only those changes of composition that have no commercial purpose separate from that of the article and that may occur as described in 40 CFR 710.4( d)( 5) except that fluids and particles are not considered articles regardless of shape or design.

By product is a chemical substance produced without separate commercial intent during the manufacture or processing of another chemical substance( s) or mixture( s).

Chemical substance is any organic or inorganic substance of a particular molecular identity, including any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any chemical element or uncombined radical; " chemical substance" does not include: ( 1) Any mixture; ( 2) Any pesticide when manufactured, processed, or distributed in commerce for use as a pesticide; ( 3) Tobacco or any tobacco product, but not including any derivative products; ( 4) Any source material, special nuclear material, or byproduct material; ( 5) Any pistol, firearm, revolver, shells, and cartridges; and ( 6) Any food, food additive, drug, cosmetic, or device, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.

Commerce means trade, traffic, transportation, or other commerce: ( 1) between a place in a State and any place outside of such State, or ( 2) which affects trade, traffic, transportation, or commerce described in ( 1).

Commercial use is the use of a chemical substance or mixture in a commercial enterprise providing saleable goods or services ( e. g., dry cleaning establishment, painting contractor). DRAFT: Appendix B Definitions B 2 Consumer use is the use of a chemical substance that is directly, or as part of a mixture, sold or made available to consumers for their use in or around a permanent or temporary household or residence, in or around a school, or in or around recreational areas.

Distribute in commerce or distribution in commerce mean to sell or the sale of the substance, mixture, or article in commerce; to introduce or deliver for introduction into commerce, or the introduction or delivery for introduction into commerce of the substance, mixture, or article; or to hold or the holding of the substance, mixture, or article after its introduction into commerce.

Importer is any person who imports any chemical substance or any chemical substance as part of a mixture or article into the customs territory of the United States and includes: ( 1) The person primarily liable for the payment of any duties on the merchandise, or ( 2) An authorized agent acting on his/ her behalf ( as defined in 19 CFR 1.11)

Impurity is a chemical substance which is unintentionally present with another chemical substance.

Industrial Function Categories include categories defined in Table B 1.

Industrial use is use at a site at which one or more chemical substances or mixtures are manufactured ( including imported) or processed.

Inorganic Substances is any chemical substance which does not contain carbon or contains carbon only in the form of carbonato [= CO3], cyano [   CN], cyanato [   OCN], isocyano [   NC], or isocyanato [   NCO] groups, or the chalcogen analogues of such groups.

Intended for use by children means the chemical substance or mixture is used in a product that is specifically intended for use by children age 14 or younger. A chemical substance or mixture is intended for use by children when the submitter answers " yes" to at least one of the following questions for the product into which the submitter's chemical substance or mixture is incorporated: ( 1) Is the product commonly recognized ( i. e., by a reasonable person) as being intended for children age 14 or younger; ( 2) Does the manufacturer of the product state through product labeling or other written materials that the product is intended or will be used by children age 14 or younger; or ( 3) Is the advertising, promotion, or marketing of the product aimed at children age 14 or younger?

Intermediate is any chemical substance: ( 1) Which is intentionally removed from the equipment in which it is manufactured, and ( 2) Which either is consumed in whole or in part in chemical reaction( s) used for the intentional manufacture of other chemical substance( s) or mixture( s), or is intentionally present for the purpose of altering the rate of such chemical reaction( s). NOTE: The equipment in which it was manufactured includes the reaction vessel in which the chemical substance was manufactured and other equipment that is strictly ancillary to the reaction vessel, and any other equipment through which the chemical substance may flow during a DRAFT: Appendix B Definitions B 3 continuous flow process, but does not include tanks or other vessels in which the chemical substance is stored after its manufacture.

Known to or reasonably ascertainable by means all information in a person's possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know.

Manufacture means to manufacture, produce, or import for commercial purposes.

Manufacture or import " for commercial purposes" means to import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage and includes, for example, the manufacture or import of any amount of a chemical substance or mixture for commercial distribution, including for test marketing, or for use by the manufacturer, including use for product research and development, or as an intermediate.

Master Inventory File is EPA's comprehensive list of chemical substances that constitute the Chemical Substance Inventory compiled under section 8( b) of TSCA . It includes substances reported under Subpart A of this part and substances reported under Part 720 of this chapter for which a Notice of Commencement of Manufacture or Import has been received under section 720.120 of this chapter.

Microorganisms is any combination of chemical substances that is a living organism and that meets the definition of microorganism at 40 CFR 725.3. Any chemical substance produced from a living microorganism is reportable unless otherwise excluded.

Mixture is any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; " mixture" does include: ( 1) Any combination that occurs, in whole or in part, as a result of a chemical reaction if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined and if, after the effective date or premanufacture notification requirements, none of the chemical substances comprising the combination is a new chemical substance, and ( 2) Hydrates of a chemical substance or hydrated ions formed by association of a chemical substance with water.

Natural Gases Excluded From the Reporting include the following chemical substances: CAS No. 64741 48 6, Natural gas ( petroleum), raw liquid mix; CAS No. 68919 39 1, Natural gas condensates; CAS No. 8006 61 9, Gasoline natural; CAS No. 68425 31 0, Gasoline ( natural gas), natural; CAS No. 8006 14 2, Natural gas; and CAS No. 68410 63 9, Natural gas, dried. These substances are also listed in Table 2 2 of this document.

Naturally Occurring Substances are chemical substances produced according to the conditions in 40 CFR 710.4( b) of the Inventory Reporting Regulations and are not reportable under IUR. Examples of substances that are typically naturally occurring materials are raw agricultural commodities, water, air, natural gas, crude oil, rocks, ores, and minerals. However, DRAFT: Appendix B Definitions B 4 since 40 CFR 710.4( b) exclusion is a process specific exclusion rather than a chemical specific one, the persons who produce any substance in a manner other than as described in 40 CFR 710.4( b) are required to report unless otherwise excluded. For this reason, water, minerals, and certain agricultural products, etc., are sometimes considered not to be naturally occurring because of their method of production.

New chemical substance is any chemical substance that is not included in the inventory compiled and published under subsection 8( b) of TSCA .

Non isolated intermediate is any intermediate that is not intentionally removed from the equipment in which it is manufactured, including the reaction vessel in which it is manufactured, equipment which is ancillary to the reaction vessel, and any equipment through which the substance passes during a continuous flow process, but not including tanks or other vessels in which the substance is stored after its manufacture.

Person means any natural or juridical person including any individual, corporation, partnership, or association, any State or political subdivision thereof, or any municipality, any interstate body and any department, agency, or instrumentality of the Federal government.

Petroleum Process Streams refers to the multicomponent complex chemical substances listed at 40 CFR 710.46( b)( 1).

Polymers. The IUR definition of polymer is sufficiently broad to include virtually all those substances that are generally considered polymers. These include polysaccharides, such as starch and gums, and all classes of proteins. However, substances that result from hydrolysis, depolymerization, or chemical modification, regardless of the extent of these processes, of polymers so that the final products are no longer polymeric ( e. g., a mixture of amino acids that is the result of hydrolysis of a polypeptide) are not considered to be polymers and must be reported if not otherwise excluded. For reporting purposes, salts of polymers are also considered to be polymers.

Process is the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce ( 1) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture; or ( 2) as part of a mixture or article containing the chemical substance or mixture.

Process for " commercial purposes" means to process ( 1) for distribution in commerce, including for test marketing purposes; or ( 2) for use as an intermediate.

Processor is any person who processes a chemical substance or mixture.

Readily obtainable information is information known by management and supervisory employees of the submitter company who are associated with manufacturing, processing, technical services, or marketing of the reportable chemical substance. Extensive file searches are not required. DRAFT: Appendix B Definitions B 5 Reasonably likely to be exposed is an exposure to a chemical substance that, under foreseeable conditions of manufacture ( including import), processing, distribution in commerce, or use of the chemical substance, is more likely to occur than not to occur. Such exposures would normally include, but not be limited to, activities such as charging reactor vessels, drumming, bulk loading, cleaning equipment, maintenance operations, materials handling and transfers, and analytical operations. Covered exposures include exposures through any route of entry ( e. g., inhalation, ingestion, skin contact, absorption). Accidental or theoretical exposures are excluded.

Repackaging is the physical transfer of a chemical substance or mixture, as is, from one container to another container or containers in preparation for distribution of the chemical substance or mixture in commerce.

Reportable chemical substance is a chemical substance described in 40 CFR 710.45.

Reporting year is the calendar year in which information to be reported to EPA during an IUR submission period is generated, i. e., calendar year 2005 and the calendar year at 4 year intervals thereafter.

Site is a contiguous property unit. Property divided only by a public right of way will be considered one site. There may be more than one manufacturing plant on a single site. For the purposes of imported chemical substances, the site will be the business address of the importer.

Site limited means a chemical substance is manufactured and processed only within a site and is not distributed for commercial purposes as a substance or as part of a mixture or article outside the site. Imported substances are never site limited. Although a site limited chemical substance is not distributed for commercial purposes outside the site at which it is manufactured and processed, the substance is considered to have been manufactured and processed for commercial purposes.

Small quantities for purposes of scientific experimentation or analyses or chemical research on, or analysis of, such substance or another substance, including any such research or analysis for the development of a product means quantities of a chemical substance manufactured, imported, or processed or proposed to be manufactured, imported or processed that: ( 1) Are no greater than reasonably necessary for such purposes, and ( 2) After the publication of the revised inventory, are used by, or directly under the supervision of, a technically qualified individual( s). Note: Any chemical substances manufactured, imported, or processed in quantities less than 1,000 pounds ( 454 kg) annually will be presumed to be manufactured, imported, or processed for research and development purposes. No person may report for the inventory any chemical substance in such quantities unless that person can certify that the substance was not manufactured, imported, or processed solely in small quantities for research and development.

State is any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana DRAFT: Appendix B Definitions B 6 Islands, or any other territory or possession of the United States.

Submission period is the period in which the information generated during the reporting year is submitted to EPA.

Technically qualified individual is a person: ( 1) Who because of his/ her education, training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance that is used under his/ her supervision, ( 2) Who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research in order to minimize such risks, and ( 3) Who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting the research and development activity. The responsibilities in this paragraph may be delegated to another individual, or other individuals, as long as each meets the criteria in paragraph ( 1) of this definition.

Test marketing is the distribution in commerce of no more than a predetermined amount of chemical substance, mixture, or article containing that chemical substance or mixture, by a manufacturer or processor to no more than a defined number of potential customers to explore market capability in a competitive situation during a predetermined listing period prior to the broader distribution of that chemical substance, mixture, or article in commerce.

United States means all of the states, territories, and possessions of the United States.

Use is any use of a chemical substance or mixture that is not otherwise covered by the terms " manufacture" or " process." Relabeling or redistributing a container holding a chemical substance or mixture where no repackaging of the chemical substance or mixture occurs does not constitute use or processing of the chemical substance or mixture. DRAFT: Appendix C Inventory Chemical Substances C 1 Appendix C Inventory Chemical Substances Subject to Proposed or Final TSCA Rules or Orders ( as of May 14,2002)

Following is a list of CAS Registry Numbers ( for non confidential chemical substances) or Accession Numbers ( for confidential substances) of substances which are subject to a rule, proposed or promulgated, under TSCA sections 4,5( a)( 2), 5( b)( 4), or 6; are subject to an order issued under section 5( e) or 5( f); or are the subject of relief that has been granted under a civil action under sections 5 or 7 of the Act as of May 2002 ( see sections 710.26 and 710.29 of the rule and pages 6 and 8 in these reporting instructions). All chemical substances appearing on this list are subject to IUR reporting.

IMPORTANT: This document is intended to be an information resource. While EPA has tried to provide an accurate list of chemicals, the list may contain errors and omissions. This list should not be relied upon in lieu of relevant orders, Federal Register documents, or the Code of Federal Regulations. In the event of a conflict between this list and orders, Federal Register documents, or the Code of Federal Regulations, this list will not be considered controlling.

In addition, please note that this list does NOT contain a full listing of all IUR chemicals. The list below is only intended to provide a listing of those chemicals which would otherwise be excluded but are reportable due to proposed or final rules or orders as noted above. The usual exclusions for small businesses or polymers, inorganic substances, or microorganisms do not apply for substances on this list. The exclusion for naturally occurring substances is still valid, as discussed in Section <IP_ADDRESS> of this instruction manual. If after consulting the list you are uncertain as to the regulatory status of a chemical substance, see Section 8.0 discussing how to request assistance from EPA. DRAFT: Appendix C Inventory Chemical Substances C 2 Table C 1. CAS numbers of Chemical Substances Subject to SNURs ( 40 CFR 721) As of March 27, 2003 Name TSCA Section Comments Alkylamine tetrachlorophenate 4 See 40 CFR part 766 to determine your reporting requirements for this chemical.

Hexavalent chromium chemicals 6 Only those hexavalent chromium chemicals that can be used for water chemicals treatment, either alone or in any combination with other chemical substances when the mixture can be used to treat water cooling systems, trigger the IUR reporting requirements. Other hexavalent chromium chemicals are not subject. Refer to 59 FR 42773 and 40 CFR 749.68. Examples of these hexavalent chromium chemicals are included in the CAS number table.

Nitrites of Group IA elements 5 See 40 CFR 721.4740.

Polychlorinated biphenyls ( PCB's) 6 PCB ' s collectively as a substance have the CAS number 1336 36 3. See 40 CFR Part 761 for information on individual congeners subject to Section 6, which may not necessarily be identified separately in the following table.

Tetrabromobisphenol B 4 See 40 CFR part 766 to determine your reporting requirements for this chemical. DRAFT: Appendix C Inventory Chemical Substances C 3 Table C 2. Significant New Use Rule ( Section 5( a)( 2)) by CAS Number 693 57 2 114719 15 2 773 14 8 114719 19 6 3397 65 7 119581 93 0 3984 22 3 124028 99 5 4161 22 2 124029 00 1 5384 21 4 124213 39 4 6315 52 2 124737 31 1 7027 11 4 127519 17 9 7460 82 4 133145 29 6 19249 03 7 136040 19 2 22094 84 4 141321 68 8 23153 23 3 146453 62 5 25608 40 6 147783 69 5 26694 69 9 153280 11 6 37860 51 8 153954 47 3 41024 91 3 162245 07 0 50622 20 3 177771 31 2 51851 37 7 183290 62 2 53856 17 0 198716 46 0 56553 60 7 198716 48 2 61386 02 5 204336 40 3 76176 94 8 205764 98 3 84812 04 4 207409 71 0 85586 67 0 208408 03 1 85736 97 6 209072 72 0 91144 26 2 209810 57 1 93705 66 9 249297 16 3 106359 91 5 259871 68 6 111109 77 4 263244 54 8 DRAFT: Appendix C Inventory Chemical Substances C 4 Table C 3. Chemical Subject to Test Rule by CAS Number 55 63 0 57 10 3 60 29 7 62 56 6 74 93 1 74 95 3 74 96 4 74 97 5 75 05 8 75 15 0 75 35 4 75 36 5 75 75 2 77 73 6 77 78 1 78 11 5 78 33 1 78 59 1 78 83 1 78 87 5 78 92 2 79 00 5 79 20 9 79 31 2 79 46 9 79 94 7 79 95 8 80 62 6 84 65 1 84 69 5 85 44 9 87 10 5 87 65 0 88 18 6 90 00 6 90 15 3 91 20 3 92 52 4 95 48 7 95 49 8 95 50 1 95 77 2 95 80 7 95 95 4 97 77 8 98 11 3 98 29 3 98 86 2 99 28 5 99 99 0 100 00 5 100 01 6 100 21 0 100 41 4 100 44 7 101 90 6 104 76 7 105 67 9 106 42 3 106 44 5 106 46 7 106 90 1 106 92 3 107 06 2 107 13 1 107 16 4 107 18 6 107 21 1 107 31 3 108 03 2 108 10 1 108 19 0 108 31 6 108 39 4 108 60 1 108 90 7 108 93 0 109 66 0 109 99 9 110 12 3 110 44 1 111 11 5 111 42 2 111 84 2 112 52 7 115 86 6 118 75 2 118 79 6 118 82 1 120 36 5 120 80 9 120 82 1 120 83 2 121 69 7 122 39 4 122 60 1 123 30 8 123 33 1 123 42 2 126 80 7 126 99 8 127 19 5 128 39 2 131 57 7 141 78 6 142 82 5 149 44 0 150 76 5 320 72 9 409 02 9 463 58 1 556 52 5 576 24 9 576 26 1 583 78 8 594 42 3 608 71 9 608 93 5 615 58 7 624 83 9 628 63 7 640 19 7 732 26 3 768 52 5 870 72 4 930 37 0 933 75 5 1163 19 5 1241 94 7 1324 76 1 1330 78 5 1333 39 7 1940 42 7 2210 79 9 2224 15 9 2238 07 5 2425 01 6 2425 79 8 2426 08 6 2461 15 6 2528 36 1 2530 83 8 2897 60 1 2941 64 2 3072 84 2 3101 60 8 3188 83 8 3194 55 6 3568 29 4 3622 84 2 3772 94 9 4016 11 9 4016 14 2 4162 45 2 5026 74 4 5255 75 4 5493 45 8 6473 13 8 7328 97 4 7422 52 8 7647 01 0 7664 39 3 7665 72 7 7782 50 5 8005 02 5 13236 02 7 13561 08 5 14228 73 0 16532 79 9 17557 23 2 17963 04 1 20217 01 0 21850 44 2 22421 59 6 25013 15 4 25155 23 1 25327 89 3 26447 14 3 26761 45 5 27193 86 8 28108 99 8 28188 24 1 29761 21 5 32534 81 9 32536 52 0 32568 89 1 34590 94 8 35243 89 1 37853 59 1 37853 61 5 38304 52 8 54208 63 8 56803 37 3 60501 41 9 61578 04 9 65652 41 7 65996 78 3 68134 06 5 68134 07 6 68153 30 0 68517 02 2 68609 96 1 68611 64 3 68937 41 7 68953 58 2 68959 23 9 68987 80 4 69155 42 6 71033 08 4 71808 64 5 72319 24 5 74398 71 3 75150 13 9 85322 38 9 DRAFT: Appendix C Inventory Chemical Substances C 5 DRAFT: Appendix D Instructions for Submitting IUR Forms Electronically D 1 Appendix D Instructions for Submitting IUR Forms Electronically [ NOTE: EPA will need to write revised instructions.] DRAFT: Appendix E Partially Exempt Chemicals E 1 Appendix E Partially Exempt Chemicals CAS No. Chemical Name 50 70 4 D Glucitol 50 81 7 L Ascorbic acid 50 99 7 D Glucose 56 87 1 L Lysine 57 50 1 . alpha. D Glucopyranoside, . beta. D fructofuranosyl 58 95 7 2H 1 Benzopyran 6 ol, 3,4 dihydro 2,5,7,8 tetramethyl 2[( 4R, 8R) 4,8,12 trimethyltridecyl], acetate, ( 2R)

59 02 9 2H 1 Benzopyran 6 ol, 3,4 dihydro 2,5,7,8 tetramethyl 2[( 4R, 8R) 4,8,12 trimethyltridecyl], ( 2R)

59 51 8 Methionine 69 65 8 D Mannitol 87 79 6 L Sorbose 123 94 4 Octadecanoic acid, 2,3 dihydroxypropyl ester 124 38 9 Carbon dioxide 137 08 6 . beta. Alanine, N[( 2R) 2,4 dihydroxy 3,3 dimethyl 1 oxobutyl], calcium alt ( 2: 1)

142 47 2 L Glutamic acid, monosodium salt 150 30 1 Phenylalanine 1317 65 3 Limestone 1333 74 0 Hydrogen 1592 23 0 Octadecanoic acid, calcium salt 7440 37 1 Argon 7440 44 0 Carbon 7727 37 9 Nitrogen 7782 42 5 Graphite 7782 44 7 Oxygen 8001 21 6 Sunflower oil 8001 22 7 Soybean oil 8001 23 8 Safflower oil 8001 26 1 Linseed oil 8001 29 4 Cottonseed oil 8001 30 7 Corn oil Partially Exempt Chemicals ( Continued) DRAFT: Appendix E Partially Exempt Chemicals CAS No. Chemical Name E 2 8001 31 8 Coconut oil 8001 78 3 Caster oil, hydrogenated 8001 79 4 Castor oil 8002 03 7 Peanut oil 8002 13 9 Rape oil 8002 43 5 Lecithins 8002 75 3 Palm oil 8006 54 0 Lanolin 8016 28 2 Lard, oil 8016 70 4 Soybean oil, hydrogenated 8021 99 6 Charcoal, bone 8029 43 4 Syrups, hydrolyzed starch 9004 53 9 Dextrin 9005 25 8 Starch 9050 36 6 Maltodextrin 11103 57 4 Vitamin A 16291 96 6 Charcoal 26836 47 5 D Glucitol, monooctadecanoate 61789 44 4 Fatty acids, castor oil 61789 97 7 Tallow 61789 99 9 Lard 64147 40 6 Castor oil, dehydrated 64755 01 7 Fatty acids, tallow, calcium salts 65996 63 6 Starch, acid hydrolyzed 65996 64 7 Starch, enzyme hydrolyzed 67701 01 3 Fatty acids, C12 18 68002 85 7 Fatty acids, C14 22 and C16 22 unsatd.

68131 37 3 Syrups, hydrolyzed starch, dehydrated 68188 81 8 Grease, poultry 68308 54 3 Glycerides, tallow mono, di and tri, hydrogenated 68334 00 9 Cottonseed oil, hydrogenated 68334 28 1 Fats and Glyceridic oils, vegetable, hydrogenated 68409 76 7 Bone meal, steamed 68424 45 3 Fatty acids, linseed oil 68424 61 3 Glycerides, C16 18 and C18 unsatd. Mono and di

68425 17 2 Syrups, hydrolized starch, hydrogenated 68439 86 1 Bone, ash 68442 69 3 Benzene, mono C10 14 alkyl derivs. Partially Exempt Chemicals ( Continued) DRAFT: Appendix E Partially Exempt Chemicals CAS No. Chemical Name E 3 68476 78 8 Molasses 68514 27 2 Grease, catch basin 68514 74 9 Palm oil, hydrogenated 68525 87 1 Corn oil, hydrogenated 68648 86 2 Benzene, C14 16 alkyl derivs.

68648 87 3 Benzene, C10 16 alkyl derivs.

68918 42 3 Soaps, stocks, soya 68952 94 3 Soaps, stocks, vegetable oil 68989 98 0 Fats and Glyceridic oils, vegetable, residues 73138 67 7 Lard, hydrogenated 129813 58 7 Benzene, mono C10 13 alkyl derivs.

129813 59 8 Benzene, mono C12 14 alkyl derivs.

129813 60 1 Benzene, mono C14 16 alkyl derivs. DRAFT: Appendix F Definitions of Industrial Function Categories F 1 Appendix F Definitions of Industrial Function Categories Industrial Function Categories Definition Adsorbents and absorbents Substances that hold another substance by allowing it to penetrate into its inner structure. Examples of absorbents include straw oil, alkaline solutions, and kerosene. Examples of adsorbents include silica gel, bauxite, activated carbon, and activated alumina. Adhesives and binding agents Substances that promote bonding between other substances by surface attachment. Aerosol propellants Substances ( usually compressed gases or liquids) used to dissolve or suspend other substances and to expel those substances from a container in the form of aerosols. Agricultural chemicals ( nonpesticidal) Compounds or mixtures used to increase the productivity and quality of farm crops. Examples include fertilizers and soil conditioners. Anti adhesive agents Substances that prevent bonding between substances by discouraging surface attachment. Examples include adherents, antiblock agents, detackifiers, dusting agents, and parting agents. Bleaching agents Substances that lighten or whiten a substrate through chemical reaction, usually an oxidative or reductive process which degrades the color system. The most common bleaching agents belong to one of two groups: chlorine containing bleaching agents ( e. g., chlorine, hypochlorites, N chloro compounds, and chlorine dioxide) and peroxygen bleaching agents ( e. g., hydrogen peroxide and sodium perborate). Coloring agents, dyes Substances that impart color to other materials or mixtures ( i. e. substrates) by penetrating into the surface of the substrate. Examples of types of dyes include azo, anthraquinone, amino azo, aniline, eosin, stilbene, acid, basic or cationic, reactive, disperse, and natural dyes. Coloring agents, pigments Substances that impart color to other materials or mixtures ( i. e. substrates) by attaching themselves to the surface of the substrate through binding or adhesion. The Pigments category includes fluorescent agents, luminescent agents, whitening agents, pearlizing agents, and opacifiers. Examples of pigments include metallic oxides of iron, titanium, zinc, cobalt, and chromium; metal powder suspensions; lead chromates; vegetable and animal products; and synthetic organic pigments. DRAFT: Appendix F Definitions of Industrial Function Categories Industrial Function Categories Definition F 2 Corrosion inhibitors and antiscaling agents Agents which prevent or retard corrosion or the formation of scale. Examples include aniline and pyridine. Fillers Substances that are incorporated into a matrix to provide bulk, increase strength, hardness, or resistance to impact; and reduce production costs by minimizing the amount of more expensive raw materials used in the production process. Example include calcium carbonate, barium sulfates, silicates, soft clays, and zinc oxides. Fixing agents Substances that are used to permanently fix another material onto a substrate within a wet process. Examples of fixing agents include albumin, trivalent chromium complexes, metallic hydroxides, tannic acid, rosin size, alum, and glycerol. Flame retardants Substances that are applied to the surface of or incorporated into combustible materials to reduce or eliminate their tendency to ignite when exposed to heat or a flame for a short period of time. Examples of flame retardants include inorganic salts, chlorinated or brominated organic compounds, or organic phosphates/ phosphonates. Flotation agents Chemical additives which are used to aid in the process of flotation by increasing the degree of aggregation in a suspension. Examples include xanthates, sulfonates, thiophosphates, primary and secondary alcohols, and ethers. Fuels Substances that evolve energy in controlled chemical reactions; the most common type of reaction is combustion. Examples of types of fuels include fossil, nuclear, and synthetic fuels. Functional fluids Liquid or gaseous substances that are used for one or more operational properties. Examples of functional fluids include: antifreezes and deicing fluids, heat transfer agents ( e. g., coolants and refrigerants), and dielectric fluids. This category does not include fluids used as lubricants and hydraulic/ transmission fluids. Intermediates Substances that are formed during the production of a chemical, but are consumed in a subsequent chemical reaction. Lubricants Substances that reduce friction between two adjacent solid surfaces and prevent the wear and seizing of the surfaces. Examples include greases, oils, and solid film lubricants. Odor agents Substances used to control odors, remove odors, mask odors, or impart odors. Examples include deodorants and fragrances. Oxidizing agents Substances that oxidize a chemical compound, usually by accepting electrons from that compound. Examples include ozone, nitric acid, hexavalent chromium, and vanadium pentoxide. pH regulating agents Substances used to maintain or change the pH level of a given solution. A pH regulating agent tends to fall into one of three categories: an acid, an alkali ( base), or a buffer. DRAFT: Appendix F Definitions of Industrial Function Categories Industrial Function Categories Definition F 3 Photosensitive chemicals Substances that alter their physical or chemical structure through absorption of light resulting in the emission of light, dissociation, discoloration, or other chemical reaction. Examples include sensitizers, fluorescents, photovoltaic agents, ultraviolet absorbers, and ultraviolet stabilizers. Plating agents and metal surface treating agents Substances that are deposited on the surface of a substrate to change its physical or chemical properties. Metal surface treating agents are typically used in aqueous solutions for metal surface treatment operations such as electroplating, electroless plating, anodizing, and chemical conversion coating ( e. g., phosphate conversion). Also included are non aqueous metal deposition operations such as vapor deposition, ion beam implantation, and sputtering. Processing aid, not otherwise listed Substance that, when added to a process or to a substance or mixture to be processed, improves the processing characteristics or the operation of the process equipment. Processing aids are not intended to become part of the finished product formulation or article. Process regulators, used in vulcanization or polymerization processes Substances that change the rate of a chemical reaction, start or stop the reaction, or otherwise influence the course of the reaction. Process regulators do not become part of the reaction product and are therefore not considered to be reactants. Process regulators, other than polymerization or vulcanization processes Substances that change the rate of a chemical reaction, start or stop the reaction, or otherwise influence the course of the reaction. Process regulators do not become part of the reaction product and are therefore not considered to be reactants. Reducing agents Substances that reduce a chemical compound, usually be donating electrons. Reduction generally occurs by the donation of one or more electrons by an atom of the reducing agent, the removal of oxygen from a compound, or the addition of hydrogen to a compound. Solvents ( for cleaning or degreasing) Substances that are capable of dissolving another substance ( solute) to form a uniformly dispersed mixture ( solution) at the molecular level. The category includes diluents used to reduce the concentration of an active material to achieve a specified effect, or low gravity materials used primarily to reduce cost. Solvents ( which become part of product formulation or mixture) Substances that are capable of dissolving another substance ( solute) to form a uniformly dispersed mixture ( solution) at the molecular level. The category includes diluents used to reduce the concentration of an active material to achieve a specified effect, or low gravity materials used primarily to reduce cost. Solvents ( for chemical manufacture and processing and are not part of product at greater than one percent by weight) Substances that are capable of dissolving another substance ( solute) to form a uniformly dispersed mixture ( solution) at the molecular level. The category includes diluents used to reduce the concentration of an active material to achieve a specified effect, or low gravity materials used primarily to reduce cost. DRAFT: Appendix G Case Studies Industrial Function Categories Definition G 1 Stabilizers Substances that function to keep a compound, mixture, or solution from changing its form or chemical structure. Stabilizers typically act to retard a reaction rate, preserve a chemical equilibrium, act as antioxidants, keep pigments and other components in emulsion form, or prevent particles in a colloidal suspension from precipitating and settling out. Examples of stabilizers include antihydrolysis agents, antioxidants, antiozonants, and heat stabilizers. Surface active agents Compounds that reduce surface tension when dissolved in water or water solutions, or which reduce interfacial tension between two liquids or between a liquid and a solid. Examples include carboxylates, sulfonates, phosphates, carboxylic acid, esters, and quaternary ammonium salts. Viscosity adjustors Substances that alter the viscosity of another substance. Examples include: viscosity index ( VI) improvers, pour point depressants, and thickeners. Other Substances that cannot be defined by any other category listed in this table.


[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55149-55150]
[FR Doc No: 2016-19667]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8451]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 400 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified

for more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Effective date
                                                             authorization/
          State and location             Community No.   cancellation of sale of      Current effective map date      Date certain Federal assistance no
                                                           flood insurance in                                              longer available in SFHAs
                                                                community
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Region IX

California:
    Sacramento County, Unincorporated           060262  March 31, 1972, Emerg;    October 20, 2016..................  October 20, 2016.
     Areas.                                              March 15, 1979, Reg;
                                                         October 20, 2016, Susp.
    San Joaquin County, Unincorporated          060299  February 23, 1973,        ......do *........................   Do.
     Areas.                                              Emerg; May 15, 1980,
                                                         Reg; October 20, 2016,
                                                         Susp.

               Region X

Alaska:
    Homer, City of, Kenai Peninsula             020107  N/A, Emerg; June 2,       ......do..........................   Do.
     Borough.                                            2003, Reg; October 20,
                                                         2016, Susp.
    Kenai Peninsula Borough,                    020012  June 19, 1970, Emerg;     ......do..........................   Do.
     Unincorporated Areas.                               November 20, 1986, Reg;
                                                         October 20, 2016, Susp.
    Seward, City of, Kenai Peninsula            020113  June 19, 1970, Emerg;     ......do..........................   Do.
     Borough.                                            November 20, 1986, Reg;
                                                         October 20, 2016, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: August 11, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2016-19667 Filed 8-17-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Page 13248]
[FR Doc No: 2012-5378]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2011-0478; FRL-9642-5]

Texas: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The State of Texas has applied to EPA for Final authorization
of the changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA proposes to grant Final
authorization to the State of Texas. In the ``Rules and Regulations''
section of this Federal Register, EPA is authorizing the changes by an
immediate final rule. EPA did not make a proposal prior to the
immediate final rule because we believe this action is not
controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
immediate final rule. Unless we get written comments which oppose this
authorization during the comment period, the immediate final rule will
become effective on the date it establishes, and we will not take
further action on this proposal. If we receive comments that oppose
this action, we will withdraw the immediate final rule and it will not
take effect. We will then respond to public comments in a later final
rule based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time.

DATES: Send your written comments by April 5, 2012.

ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, (6PD-O), Multimedia Planning and Permitting
Division, at the address shown below. You can examine copies of the
materials submitted by the State of Texas during normal business hours
at the following locations: EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, phone number<PHONE_NUMBER>; or Texas Commission on
Environmental Quality, (TCEQ) 12100 Park S. Circle, Austin TX 78753-
3087,<PHONE_NUMBER>. Comments may also be submitted electronically or
through hand delivery/courier; please follow the detailed instructions
in the ADDRESSES section of the immediate final rule which is located
in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Alima Patterson<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For additional information, please see the
immediate final rule published in the ``Rules and Regulations''section
of this Federal Register.

    Dated: February 17, 2012
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-5378 Filed 3-5-12; 8:45 am]
BILLING CODE 6560-50-P