[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45435-45438]
[FR Doc No: 2015-18737]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0889; FRL-9929-74]

Zeta-Cypermethrin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the tolerances for residues of zeta-
cypermethrin in or on corn, field, forage; corn, field, stover; and
corn, pop, stover. FMC Corporation requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 30, 2015. Objections and
requests for hearings must be received on or before September 28, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0889, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main 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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers

determine whether this document applies to them. Potentially affected
entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0889 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
September 28, 2015. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0889, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of January 28, 2015 (80 FR 4525) (FRL-9921-
55), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
4F8290) by FMC Corporation, 1735 Market St., Philadelphia, PA 19103.
The petition requested to amend the tolerances in 40 CFR 180.418 for
residues of the insecticide zeta-cypermethrin, S-cyano (3-
phenoxyphenyl) methyl ())(cis-trans 3-(2-2-
dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate, in or on corn,
field, forage from 0.2 parts per million (ppm) to 9.0 ppm; corn, field,
stover from 3.0 ppm to 30.0 ppm; and corn, pop, stover from 3.0 ppm to
30.0 ppm. That document referenced a summary of the petition prepared
by FMC Corporation, the registrant, which is available in the docket,
http://www.regulations.gov. Comments were received on the notice of
filing. EPA's response to these comments is discussed in Unit IV.C.
    Instead of the proposed tolerances in field corn stover (30.0 ppm)
and popcorn stover (30.0 ppm), the Agency is establishing the
tolerances at 30 ppm. The Agency establishes tolerances using whole
numbers for tolerances of 10 ppm or more, per the OECD's User Guide
ENV/JM/MONO (2011)2 for the OECD tolerance calculation procedure.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for zeta-cypermethrin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with zeta-
cypermethrin follows.
    Zeta-cypermethrin is an enriched isomer of the pyrethroid
insecticide cypermethrin. In addition, alpha-cypermethrin is also an
enriched isomer of cypermethrin. Although cypermethrin, zeta-
cypermethrin, and alpha-cypermethrin are separate active ingredients
with different end-use products, they are included together in the
hazard evaluation for the purpose of human health risk assessment. The
toxicology database for the cypermethrins includes studies with
cypermethrin and both of its enriched isomers, and is considered
complete for the purpose of risk assessment.
    The aggregate risk assessment for zeta-cypermethrin must consider
potential exposure from all cypermethrins (i.e., cypermethrin, zeta-
cypermethrin, and alpha-cypermethrin), since the three active
ingredients are considered to be essentially the same from the
mammalian toxicity perspective. The revised tolerances are associated
with decreased pre-harvest intervals (PHIs) for field corn and
popcorn--from 30 days for grain and stover and 60 days for forage to 7
days for all these commodities--and have no impact on the existing
dietary exposure assessment for the cypermethrins. Corn forage and
stover are livestock feed items and are not directly entered into the
dietary exposure assessment, and EPA has determined that the existing
tolerances for livestock commodities are adequate to support the
changed use pattern. The existing zeta-cypermethrin use on corn was
included in previous dietary exposure assessments. Decreasing the PHI
and increasing the zeta-cypermethrin tolerances for field corn forage,
field corn stover, and popcorn stover will have no impact on the
dietary risk estimates, as they are already covered in the existing
dietary assessment.
    In the final rule published in the Federal Register of December 7,
2012

(77 FR 72975) (FRL-9371-7), EPA established tolerances for residues of
zeta-cypermethrin in multiple commodities. Since the publication of
that final rule, the toxicity profile of zeta-cypermethrin has not
changed, and since the revised tolerances associated with decreased
PHIs for field corn and popcorn have no impact on the existing dietary
and aggregate risk determinations, the risk assessments that supported
the establishment of the zeta-cypermethrin tolerances published in the
December 7, 2012 Federal Register final rule remain valid. Therefore,
EPA is relying on those risk assessments in order to support the
revised tolerances for zeta-cypermethrin in field corn forage, field
corn stover, and popcorn stover.
    An updated aggregate risk assessment was not needed to support the
proposed increased tolerances for residues in field corn forage, field
corn stover, and popcorn stover, and the increased tolerances will not
result in a change in the previously estimated dietary (food and water)
or residential exposure estimates for zeta-cypermethrin. For a detailed
discussion of the aggregate risk assessments and determination of
safety, refer to the December 7, 2012 Federal Register final rule and
its supporting documents, available at http://www.regulations.gov in
docket ID number EPA-HQ-OPP-2010-0472. EPA is relying on those
supporting risk assessments and findings to support this final rule.
    Based on the risk assessments and information described in this
unit, EPA concludes that there is a reasonable certainty that no harm
will result to the general population, or to infants and children, from
aggregate exposure to zeta-cypermethrin residues. Additional
information can be found in the document: ``Zeta-Cypermethrin--Human
Health Risk Assessment for a Petition to Amend (Increase) the
Established Tolerances for the Insecticide in Field Corn and Popcorn
Stover, and in Field Corn Forage,'' available in docket ID number EPA-
HQ-OPP-2014-0889.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate tolerance enforcement methods are available in Pesticide
Analytical Manual (PAM) Volume II for determining residues of alpha-
cypermethrin, cypermethrin, and zeta-cypermethrin in plant (Method I)
and livestock (Method II) commodities. Both methods are gas
chromatographic methods with electron-capture detection (GC/ECD), and
have undergone successful Agency petition method validations (PMVs).
These methods are not stereospecific; thus no distinction is made
between residues of cypermethrin (all 8 stereoisomers), alpha-
cypermethrin (enriched in 2 isomers), and zeta-cypermethrin (enriched
in 4 isomers). The January 1994 Food and Drug Administration (FDA)
PESTDATA database (PAM Volume I) indicates that residues of
cypermethrin are completely recovered (>80%) using multi-residue method
sections 302 (Luke), 303 (Mills, Onley, and Gaither), and 304 (Mills
fatty food).

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    There are no Codex MRLs for cypermethrin, which includes both
alpha- and zeta-cypermethrin, established in corn forage or stover.

C. Response to Comments

    One comment was received from the general public, urging the Agency
to deny the request. The commenter particularly addressed toxicity to
bees and other insects, and human toxicological and reproductive
effects.
    The Agency understands the commenter's concerns, and recognizes
that some individuals believe that certain pesticide chemicals should
not be permitted in food. Regarding effects to bees and other insects,
the safety standard for approving tolerances under section 408 of FFDCA
focuses on potential harms to human health and does not permit
consideration of effects on other species or the environment. The
existing legal framework provided by section 408 of FFDCA states that
tolerances may be set when persons seeking such tolerances or
exemptions have demonstrated that the pesticide meets the safety
standard imposed by that statute. When new or amended tolerances are
requested for residues of a pesticide in food or feed, the Agency, as
is required by Section 408 of FFDCA, estimates the risk of the
potential exposure to these residues by performing an aggregate risk
assessment. Such a risk assessment integrates the individual
assessments that are conducted for food, drinking water, and
residential exposures. Additionally, the Agency, as is further required
by Section 408 of the FFDCA, considers available information concerning
what are termed the cumulative toxicological effects of the residues of
that pesticide and of other substances having a common mechanism of
toxicity. Therefore, these assessments consider both exposure and
toxicological effects--including information concerning the
reproductive effects of the pesticide--in reaching a conclusion as to
whether or not the reasonable certainty of no harm decision can be
made. The Agency has concluded after this assessment that there is a
reasonable certainty that no harm will result from exposure to the
residues of zeta-cypermethrin. Therefore, the proposed tolerances are
found to be acceptable.

 V. Conclusion

    Therefore, tolerances are established for residues of zeta-
cypermethrin, S-cyano (3-phenoxyphenyl) methyl ())(cis-
trans 3-(2-2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate, in
or on corn, field, forage at 9.0 ppm; corn, field, stover at 30 ppm;
and corn, pop, stover at 30 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require

any special considerations under Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 22, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.418, revise the entries for ``corn, field, forage,''
``corn, field, stover,'' and ``corn, pop, stover'' in the table in
paragraph (a)(2) to read as follows:

Sec.  180.418  Cypermethrin and isomers alpha-cypermethrin and zeta-
cypermethrin; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Corn, field, forage.....................................             9.0
------------------------------------------------------------------------

                                * * * * *
Corn, field, stover.....................................              30
------------------------------------------------------------------------

                                * * * * *
Corn, pop, stover.......................................              30
------------------------------------------------------------------------

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18737 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3917-3918]
[FR Doc No: 2014-01227]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0190]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 25 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective January 23, 2014. The exemptions
expire on January 25, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the

West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).

Background

    On October 30, 2013, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 25 individuals and requested
comments from the public (78 FR 65034). The public comment period
closed on November 29, 2013, and no comments were received.
    FMCSA has evaluated the eligibility of the 25 applicants and
determined that granting the exemptions to these individuals 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).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 25 applicants have had ITDM over a range of 1 to 26 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 29, 2013, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 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) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual 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 certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 25 exemption applications, FMCSA
exempts Phyllis J. Cameron (IN), Jarrid S. Childress (KY), James M.
Costello (IN), Gary L. Crawford (OH), Roger D. Droog (IA), Clair H.
Gilmore (WA), Reubem L. Hunter, Jr. (VA), Michael A. Kollos (MN),
Daniel R. Lindahl (WI), Kenneth G. Mahan, Jr. (AL), Jason L. Martin
(PA), James F. McSweeney (NH), Eric W. Miller (IN), Thomas E. Orms
(AL), Michael D. Pederson (MN), Williams J. Rodgers (PA), Mark A.
Rosenau (MN), George M. Sapirstein (NJ), Daniel B. Shaw (FL),
Christopher A. Sosa (MD), John C. Thomas (IN), Richard Wasko (FL),
Douglas E. Wilhoit (PA), Richard A. Wilk (OH), and Thomas A. Young (TX)
from the ITDM requirement in 49 CFR 391.41(b)(3), subject to the
conditions listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years 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 1/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. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: January 15, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-01227 Filed 1-22-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73833-73836]
[FR Doc No: 2023-23590]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL24-1-000]

Project-Area Wage Standards in the Labor Cost Component of Cost-
of-Service Rates

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Proposed policy statement.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to clarify how the Commission will treat the use of project-area wage
standards in calculating the labor cost component of jurisdictional
cost-of-service rates.

DATES: Comments on this proposed policy statement are due on or before
December 26, 2023.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways. Electronic filing through https://www.ferc.gov, is
preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    The Comment Procedures Section of this document contains more
detailed filing procedures.

FOR FURTHER INFORMATION CONTACT:
    Heidi Nielsen (Legal Information), Office of the General Counsel,
(202) 502-8435, [email protected].
    Adam Pollock (Technical Information), Office of Energy Market
Regulation,<PHONE_NUMBER>, [email protected].
    James Sarikas (Technical Information), Office of Energy Market
Regulation,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Proposal

    1. In this proposed policy statement, we clarify how the Commission
will treat the use of project-area wage standards in calculating the
labor cost component of cost-of-service rates, including under Natural
Gas Act (NGA) sections 4, 5, and 7, 15 U.S.C. 717c-d, 717f; the
Interstate Commerce Act (ICA), 49 U.S.C. app. 1(5)(a); and Federal
Power Act (FPA) sections 205 and 206, 16 U.S.C. 824d-e.\1\
---------------------------------------------------------------------------

    \1\ While most interstate oil pipelines have market-based or
indexed rates, some jurisdictional pipelines have cost-of-service
rates on file with the Commission.
---------------------------------------------------------------------------

    2. Project-area wage standards are the prevailing wages set by
labor markets in the locale where the associated project work (e.g.,
construction, capital repairs, decommissioning) is performed. They can
be found in data sources that indicate the basic hourly wage rates and
fringe benefit rates for labor, direct employees and/or contract
personnel that prevail in a predetermined geographic area. For example,
under the Davis-Bacon Act, the U.S. Department of Labor issues
prevailing wage determinations based on periodic surveys of union and
non-union wages paid in a particular location, which serve as the
minimum wage that must be paid by contractors and subcontractors
performing under certain federally funded or assisted construction
contracts.\2\ A number of states have enacted their own prevailing wage
laws, sometimes referred to as ``Little Davis-Bacon'' laws.\3\
---------------------------------------------------------------------------

    \2\ ``By requiring the payment of minimum prevailing wages,
Congress sought to `ensure that Government construction and
federally assisted construction would not be conducted at the
expense of depressing local wage standards.' '' Dep't of Labor,
Updating the Davis-Bacon & Related Acts Reguls., 88 FR 57526, 57526
(Aug. 23, 2023) (citing Determination of Wage Rates Under the Davis-
Bacon & Serv. Cont. Acts 5 Op. O.LC. 174, 176 (1981)) (Final Rule).
    \3\ Dep't of Labor, Dollar Threshold Amount for Contract
Coverage under State Prevailing Wage Laws (Jan. 1, 2023), https://www.dol.gov/agencies/whd/state/prevailing-wages.

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

    3. The Commission addressed the treatment of project-area wage
rates in the cost component of natural gas pipeline cost-of-service
rates in Opinion Nos. 510 and 524.\4\ In Opinion No. 510, the
Commission rejected a pipeline operator's proposal to use union-only
wage rates from a single proxy location to estimate the labor cost of
decommissioning its pipeline that spanned four states,\5\ finding that
the pipeline operator had not carried its burden under section 4 of the
NGA to show that it would use union labor and that, based on the
evidence in that proceeding, it was accordingly reasonable to estimate
labor costs using a ``blended'' mix of average union and non-union wage
rates in the general private construction industry in the states where
the pipeline was located, ``weighted'' by the length of pipe in each
state.\6\ The Commission subsequently applied the same approach in
Opinion No. 524, finding that the same operator had again failed to
present sufficient supporting evidence for its proposal to use union-
only wage rates in its estimate of decommissioning labor costs.\7\
---------------------------------------------------------------------------

    \4\ Portland Nat. Gas Transmission Sys., Opinion No. 510, 134
FERC ] 61,129 (2011), reh'g in part, 142 FERC ] 61,198 (2013), reh'g
dismissed, 150 FERC ] 61,106 (2015); Portland Nat. Gas Transmission
Sys., Opinion No. 524, 142 FERC ] 61,197 (2013), reh'g denied, 150
FERC ] 61,107 (2015). Among other things, these proceedings involved
estimating the expected costs for future pipeline retirements,
specifically, determining the labor component for decommissioning
costs to be recovered by a pipeline operator, Portland Natural Gas
Transmission System.
    \5\ Opinion No. 510, 134 FERC ] 61,129 at P 124.
    \6\ Id.
    \7\ Opinion No. 524, 142 FERC ] 61,197 at PP 162-64.
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    4. In this proposed policy statement, we clarify that those
decisions were based on the record evidence before the Commission in
those proceedings and do not reflect a heightened standard of review
with respect to project-area wage rates. Under this proposal,
jurisdictional entities may include wages consistent with project-area
wage standards in cost-of-service rates filed with the Commission where
the record supports that outcome, as discussed below.
    5. Specifically, we propose that, when a Commission-jurisdictional
entity presents evidence that it: (1) pays project-area wage standards,
or (2) is contractually obligated to pay project-area wage standards,
or (3) commits via affidavit \8\ filed in the rate proceeding that it
will pay project-area wage standards, the Commission will presume,
absent contrary evidence, that such project-area wage standards are
just and reasonable for the relevant labor-cost component.\9\
Furthermore, we propose that the Commission will reject the inclusion
of labor wages consistent with project-area wage standards in cost-of-
service rates when the evidence demonstrates that the jurisdictional
entity has not paid or will not be paying labor wages consistent with
project-area wage standards.
---------------------------------------------------------------------------

    \8\ We remind filers that all information submitted in cost-of-
service filings must be truthful and accurate, see 18 CFR
35.13(d)(6) (``A utility shall include in its filing an attestation
. . . that . . . the cost of service statements and supporting data
submitted . . . are true, accurate, and current representations of
the utility's books, budgets, or other corporate documents.''),
154.308 (``The filing must include a statement . . . representing
that the cost statements, supporting data, and workpapers, that
purport to reflect the books of the company do, in fact, set forth
the results shown by such books.''), 341.1(b)(1) (``The signature on
a filing constitutes a certification that the contents are true to
the best knowledge and belief of the signer . . . .''), and that
failure to meet this requirement may result in a referral to the
Office of Enforcement for further investigation and action, as
appropriate.
    \9\ Consistent with 48 CFR 22.401, this proposed policy
statement applies to employee or contract labor whose duties are
primarily manual or physical in nature, as distinguished from mental
or managerial, and does not apply to employees or contractors whose
duties are primarily executive, supervisory, administrative, or
clerical. For purposes of this proposed policy statement, ``wages''
means the basic hourly pay rate including fringe benefits, as more
fully defined in 48 CFR 22.401.
---------------------------------------------------------------------------

    6. We propose that the Commission will accept as sources of
project-area wage standards: (1) Davis-Bacon Act local prevailing wage
determinations; \10\ (2) state prevailing wage determinations; \11\ (3)
applicable collective-bargaining agreements or Project Labor
Agreements; \12\ or (4) other evidence demonstrating the prevailing
wages paid in the relevant locale(s), such as an industry-accepted
database used in construction cost estimates. The Commission seeks
comment on the appropriateness of the four proposed sources of project-
area wage standards. In particular, we seek comment on the
appropriateness of using industry databases with construction cost
estimates as a source of project-area wage standards as well as whether
any project-area wage standards might not be captured in the first
three listed categories.
---------------------------------------------------------------------------

    \10\ Pursuant to the Davis-Bacon Act, as amended and codified at
40 U.S.C. 3141(2), the term ``prevailing wages'' includes the basic
hourly rate of pay and fringe benefits, as determined by the
Department of Labor. See Final Rule, 88 FR at 57526 (citing 40
U.S.C. 3142, 3145), 57531, 57546, 57699, 57722-724.
    \11\ The applicable state prevailing wage determination should
meet or exceed the Davis-Bacon Act local prevailing wage
determinations.
    \12\ Project Labor Agreements are agreements between building
trade unions and contractors. They govern terms and conditions of
employment (including wage-related issues) on a construction project
for all craft workers--union and nonunion. Dep't of Labor, Project
Labor Agreement Res. Guide, Project Labor, Cmty. Workforce, & Cmty.
Benefits Agreements Res. Guide, ] 1, https://www.dol.gov/general/good-jobs/project-labor-agreement-resource-guide.
---------------------------------------------------------------------------

    7. We further propose that jurisdictional entities seeking to
include project-area wage standards in cost-of-service rates should
maintain and preserve records, including books of account or records
for work performed by employees, contractors or subcontractors,
sufficient to demonstrate that claimed project-area wages were actually
paid.\13\
---------------------------------------------------------------------------

    \13\ See supra note 8.
---------------------------------------------------------------------------

II. Comment Procedures

    8. The Commission invites comments on this proposed policy
statement on or before December 26, 2023. Comments must refer to Docket
No. PL24-1-000 and must include the commenter's name, the organization
they represent, if applicable, and their address in their comments. 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.
    9. 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 must 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.
    10. Commenters that are not able to file comments electronically
may file an original of their comment by USPS mail or by courier-or
other delivery services. For submission sent via USPS only, filings
should be mailed to: Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of
filings other than by USPS should be delivered to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

III. Information Collection Statement

    11. The Paperwork Reduction Act and the implementing regulations of
the Office of Management and Budget (OMB) \14\ require approval of
certain information collection requirements imposed by an agency. Upon
approval

of a collection of information, OMB will assign an OMB Control Number
and an expiration date. Respondents subject to the filing requirements
will not be penalized for failing to respond to the collection of
information unless the collection of information displays a valid OMB
control number.
---------------------------------------------------------------------------

    \14\ 5 CFR 1320.
---------------------------------------------------------------------------

    12. This proposed policy statement clarifies how the Commission
will treat the use of project-area wage standards in calculating the
labor cost component of jurisdictional cost-of-service rates filed by a
natural-gas company, interstate oil pipeline, or public utility,
pursuant to NGA sections 4, 5 and 7, 15 U.S.C. 717c-d, 717f; ICA, 49
U.S.C. app. 1(5)(a); and FPA sections 205 and 206, 16 U.S.C. 824d-e,
respectively.
    13. The Commission is submitting these reporting requirements to
OMB for its review and approval under section 3507(d) of the Paperwork
Reduction Act. Comments are solicited on whether the information will
have practical utility, the accuracy of provided burden estimates, ways
to enhance the quality, utility, and clarity of the information to be
collected, and any suggested methods for minimizing the respondent's
burden, including the use of automated information techniques.
    14. Please submit your comments (identified by Docket No. PL24-1-
000) by either of the following methods: (1) eFiling at Commission's
website: https://www.ferc.gov/docs-filing/efiling.asp or (2) Mail/Hand
Delivery/Courier: Federal Energy Regulatory Commission, Secretary of
the Commission, at Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852. All submissions must be formatted and filed
in accordance with submission guidelines at: https://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free).
    15. Collection Nos., Titles and OMB Control Nos.: FERC-516
(Electric Rate Schedules and Tariff Filings, OMB Control No. 1902-
0096); FERC-537 (Gas Pipeline Certificates: Construction, Acquisition
and Abandonment; OMB Control No. 1902-0060); FERC-538 (Gas Pipeline
Certificates: Section 7(a) Mandatory Initial Service, OMB Control No.
1902-0061); FERC-545 (Gas Pipeline Rates: Rate Change (Non-formal), OMB
Control No. 1902-0154); FERC-546 (Certificated Rate Filings: Gas
Pipeline Rates, OMB Control No. 1902-0155); FERC-550 (Oil Pipeline
Rates--Tariff Filings and Depreciation Studies, OMB Control No. 1902-
0089); FERC-555 (Preservation of Records for Public Utilities and
Licensees, Natural Gas and Oil Pipeline Companies, OMB Control No.
1902-0098).
    16. Action: Proposed modifications to collections of information in
accordance with the proposed policy statement.
    17. Respondents: The estimate of the number of respondents that may
elect to use project-area wage standards in calculating the labor cost
component of cost-of-service rates is based upon the existing burden
inventory currently approved by OMB for filing rates cases,
depreciation studies and certificate filings, include initial rates or
seeking approval to charge existing rates for natural gas companies,
public utilities and oil pipelines. This burden estimate is based upon
one-third of the filings electing to include an additional burden by
the filer to incorporate labor costs based upon paying wages that at
minimum meet project-area wage standards.
    18. Frequency of Information Collection: Utilities, when including
elements in rates reflecting future capital costs, may elect to make
the above showings in support of wages that are at or above project-
area wage standards. Such proceedings may include but are not limited
to certificates for new natural gas pipelines, general natural gas
pipeline and electric utility rate cases, proposed new or modified
depreciation rates, and proposed inclusion of asset retirement
obligation in rates. In total, utilities may make such a showing one
time per year.
    19. Necessity of Information: The information would be necessary
for the utility to receive the presumption that wages for capital
projects that are at or above project-area wage standards are not just
and reasonable.
    20. Internal Review: The Commission has reviewed the proposed
changes and has determined that such changes are necessary. These
requirements conform to the Commission's need for efficient information
collection, communication, and management within the energy industry in
support of the Commission's ensuring just and reasonable rates. The
Commission has specific, objective support for the burden estimates
associated with the information collection requirements. However, we
request comments with supporting background information on the
estimates for burden and cost.
---------------------------------------------------------------------------

    \15\ ``Burden'' is the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the estimated burden,
refer to 5 CFR 1320.3.
    \16\ Commission staff estimates that the respondents' skill set
(and wages and benefits) for this docket are comparable to those of
Commission employees. Based on the Commission's Fiscal Year 2023
average cost of $199,867/year (for wages plus benefits, for one
full-time employee), $96.00/hour is used.
---------------------------------------------------------------------------

    21. The Commission estimates the effect of the proposed policy
statement on burden \15\ and cost \16\ as follows:

                                 Estimates of the Effects Due to the Proposed Policy Statement in Docket No. PL24-1-000
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          D. Total
                                                          C. Annual       number of                                F. Total annual hr.      G. Cost per
      A. Information collection         B. Number of      number of       responses     E. Average  burden hrs.  burdens & total  annual    respondent
                                         respondents    responses per    (column B x     & cost per  response    cost (column D x column    (column F /
                                                         respondent       column C)                                         E)               column B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     FERC-1006 \17\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-537.............................              22               1              22  15 hrs. $1,440..........  330 hrs. $31,680.......          $1,440
FERC 516.............................               6               1               6  15 hrs. $1,440..........  90 hrs. $8,640.........           1,440
FERC 545.............................              11               1              11  15 hrs. $1,440..........  165 hrs. $15,840.......           1,440
FERC 555.............................             170               1             170  1 hr. $96...............  170 hrs. $16,320.......              96
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Other Affected Collections
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-538.............................               1               1               1  15 hrs. $1,440..........  15 hrs. $1,440.........           1,440
FERC-546.............................              16               1              16  15 hrs. $1,440..........  240 hrs. $23,040.......           1,440
FERC-550.............................               7               1               7  15 hrs. $1,440..........  105 hrs. $10,080.......           1,440
                                      ------------------------------------------------------------------------------------------------------------------
    Total Effect of the Proposed       ..............  ..............             233  ........................  1,115 hrs. $107,040....  ..............
     Policy Statement.
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. Document Availability

    22. 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).
---------------------------------------------------------------------------

    \17\ The FERC 1006 is a new temporary collection number that
includes the burden changes due to the proposed policy statement in
the FERC-545, -537, -516, and -555, which are pending at OMB for
unrelated purposes.
---------------------------------------------------------------------------

    23. 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.
    24. 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: October 19, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23590 Filed 10-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24730-24731]
[FR Doc No: 2017-11088]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2017-0018; OMB No. 1660-0002]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Disaster Assistance Registration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on an extension without change of a currently approved
information collection. In accordance with the Paperwork Reduction Act
of 1995, this notice seeks comments concerning the Disaster Assistance
Registration process.

DATES: Comments must be submitted on or before July 31, 2017.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2017-0018. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., Room 8NE, Washington, DC
20472-3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Elizabeth McDowell,
Supervisory Program Specialist, FEMA, Recovery Directorate, at (540)
686-3630 for further information. You may contact the Records
Management Division for copies of the proposed collection of
information at facsimile number<PHONE_NUMBER> or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Pub. L. 93-288) (the Stafford Act), as
amended, is the legal basis for the Federal Emergency Management Agency
(FEMA) to provide financial assistance and services to individuals who
apply for disaster assistance benefits in the event of a federally
declared disaster. Regulations in title 44 of the Code of Federal
Regulations (CFR), Subpart D, ``Federal Assistance to Individuals and
Households,'' implement the policy and procedures set forth in section
408 of the Stafford Act, 42 U.S.C. 5174, as amended. This program
provides financial assistance and, if necessary, direct assistance to
eligible individuals and households who, as a direct result of a major
disaster or emergency, have uninsured or under-insured, damage,
necessary expenses, and serious needs which are not covered through
other means.

    Individuals and households may apply for assistance under the
Individuals and Households program in person, via telephone or
internet. FEMA utilizes paper forms 009-0-1 (English) Disaster
Assistance Registration or FEMA Form 009-0-2 (Spanish), Solicitud/
Registro Para Asistencia De Resastre to register individuals.
    FEMA provides direct assistance to eligible applicants pursuant to
the requirements in 44 CFR 206.117. To receive direct assistance for
temporary housing (e.g., mobile home or other manufactured housing
unit) from FEMA, the applicant is required to acknowledge and accept
the conditions for occupying government property. The applicant is also
required to acknowledge that he or she has been informed of the
conditions for continued direct housing assistance. To accomplish these
acknowledgments and notifications, FEMA uses the applicant's household
composition data in National Emergency Management Information System to
prepare a Manufactured Housing Unit Revocable License and Receipt for
Government Property FEMA Form 009-0-5, or Las Casas Manufacturadas
Unidad Licencia Revocable y Recibo de la Propiedad del Gobierno FEMA
Form 009-0-6.
    Federal public benefits are provided to U.S. citizens, non-citizen
nationals, or qualified aliens. A parent or guardian of a minor child
may be eligible for disaster assistance if, the minor child is a US
citizen, Non-citizen national or qualified alien and the minor child
lives with the parent or guardian. (See 8 U.S.C. 1601-1646).
    By signing FEMA Forms 009-0-3, Declaration and Release or 009-0-4,
Declaraci[oacute]n Y Autorizaci[oacute]n an applicant or a member of
the applicant's household is attesting to being a US citizen, non-
citizen national or qualified alien. A parent or guardian of a minor
child signing FEMA Forms 009-0-3, Declaration and Release or 009-0-4,
Declaraci[oacute]n Y Autorizaci[oacute]n is attesting that the minor
child is a US citizen, non-citizen national or qualified alien.

Collection of Information

    Title: Disaster Assistance Registration.
    Type of Information Collection: Extension without change of a
currently approved information collection.
    OMB Number: 1660-0002.
    FEMA Forms: FEMA Form 009-0-1T (English) Tele-Registration,
Disaster Assistance Registration; FEMA Form 009-0-1Int (English)
Internet, Disaster Assistance Registration; FEMA Form 009-0-2Int
(Spanish) Internet, Registro Para Asistencia De Desastre; FEMA Form
009-0-1 (English) Paper Application/Disaster Assistance Registration;
FEMA Form 009-0-2 (Spanish), Solicitud en Papel/Registro Para
Asistencia De Desastre; FEMA Form 009-0-1S (English) Smartphone,
Disaster Assistance Registration; FEMA Form 009-0-2S (Spanish)
Smartphone, Registro Para Asistencia De Desastre; FEMA Form 009-0-3
(English), Declaration and Release; FEMA Form 009-0-4 (Spanish),
Declaraci[oacute]n Y Autorizaci[oacute]n; FEMA Form 009-0-5 (English),
Manufactured Housing Unit Revocable License and Receipt for Government
Property; FEMA Form 009-0-6 (Spanish), Las Casas Manufacturadas Unidad
Licencia Revocable y Recibo de la Propiedad del Gobierno.
    Abstract: The various forms in this collection are used to collect
pertinent information to provide financial assistance, and if
necessary, direct assistance to eligible individuals and households
who, as a direct result of a disaster or emergency, have uninsured or
under-insured, necessary expenses and serious needs that they are
unable to meet through other means.
    Affected Public: Individuals or Households.
    Number of Respondents: 3,264,753.
    Number of Responses: 3,264,753.
    Estimated Total Annual Burden Hours: 628,036 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $19,255,579. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$15,618,762.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: May 19, 2017.
Richard Mattison,
Records Management Branch Chief, Mission Support, Federal Emergency
Management Agency, Department of Homeland Security.
[FR Doc. 2017-11088 Filed 5-26-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44470-44472]
[FR Doc No: 2020-15879]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31322; Amdt. No. 3914]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 23, 2020. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 23, 2020.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
    The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on July 10, 2020.
Robert C. Carty,
Executive Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
      AIRAC date          State           City            Airport        FDC No.      FDC date       Subject
----------------------------------------------------------------------------------------------------------------
13-Aug-20............  NC           Elizabeth City..  Elizabeth City        0/1429      6/22/20  NDB RWY 10,
                                                       CG Air Station/                            Orig-G.
                                                       Rgnl.
13-Aug-20............  NC           Elizabeth City..  Elizabeth City        0/1430      6/22/20  VOR/DME RWY 10,
                                                       CG Air Station/                            Orig-E.
                                                       Rgnl.
13-Aug-20............  NC           Elizabeth City..  Elizabeth City        0/1431      6/22/20  VOR/DME RWY 19,
                                                       CG Air Station/                            Amdt 10G.
                                                       Rgnl.
13-Aug-20............  NC           Elizabeth City..  Elizabeth City        0/1432      6/22/20  VOR/DME RWY 28,
                                                       CG Air Station/                            Amdt 1C.
                                                       Rgnl.

13-Aug-20............  OH           Mansfield.......  Mansfield Lahm        0/3109      6/25/20  RNAV (GPS) RWY
                                                       Rgnl.                                      14, Amdt 1A.
13-Aug-20............  OH           Mansfield.......  Mansfield Lahm        0/3111      6/25/20  RNAV (GPS) RWY
                                                       Rgnl.                                      32, Orig-E.
13-Aug-20............  IL           Springfield.....  Abraham Lincoln       0/3118      6/25/20  RNAV (GPS) RWY
                                                       Capital.                                   13, Amdt 1B.
13-Aug-20............  NE           Aurora..........  Aurora Muni--Al       0/3124      6/25/20  RNAV (GPS) RWY
                                                       Potter Field.                              16, Amdt 1A.
13-Aug-20............  NE           Aurora..........  Aurora Muni--Al       0/3125      6/25/20  RNAV (GPS) RWY
                                                       Potter Field.                              34, Orig.
13-Aug-20............  IA           Hampton.........  Hampton Muni...       0/3128      6/29/20  VOR/DME RWY 35,
                                                                                Amdt 1E.
13-Aug-20............  WA           Ellensburg......  Bowers Field...       0/3352      6/26/20  VOR-B, Amdt 3C.
13-Aug-20............  NJ           Andover.........  Aeroflex-             0/3353      6/29/20  RNAV (GPS) RWY
                                                       Andover.                                   3, Amdt 1B.
13-Aug-20............  NJ           Andover.........  Aeroflex-             0/3354      6/29/20  VOR-A, Amdt 8A.
                                                       Andover.
13-Aug-20............  IL           Chicago/Rockford  Chicago/              0/3355      6/29/20  ILS OR LOC RWY
                                                       Rockford Intl.                             7, ILS RWY 7
                                                                                (SA CAT I),
                                                                                ILS RWY 7 (CAT
                                                                                II & III),
                                                                                Amdt 1E.
13-Aug-20............  IL           Chicago/Rockford  Chicago/              0/3356      6/29/20  RNAV (GPS) RWY
                                                       Rockford Intl.                             1, Amdt 1C.
13-Aug-20............  IL           Chicago/Rockford  Chicago/              0/3357      6/29/20  RNAV (GPS) RWY
                                                       Rockford Intl.                             19, Amdt 2B.
13-Aug-20............  IL           Chicago/Rockford  Chicago/              0/3358      6/29/20  RNAV (GPS) RWY
                                                       Rockford Intl.                             25, Amdt 1B.
13-Aug-20............  IL           Chicago/Rockford  Chicago/              0/3361      6/29/20  RNAV (GPS) RWY
                                                       Rockford Intl.                             7, Amdt 1C.
13-Aug-20............  NV           Fallon..........  Fallon Muni....       0/3503      6/29/20  RNAV (GPS)-C,
                                                                                Orig-A.
13-Aug-20............  NV           Fallon..........  Fallon Muni....       0/3504      6/29/20  VOR-B, Amdt 4A.
13-Aug-20............  WA           Seattle.........  Boeing Field/         0/3506      6/29/20  ILS OR LOC RWY
                                                       King County                                32L, Amdt 1C.
                                                       Intl.
13-Aug-20............  OK           Grove...........  Grove Muni.....       0/3526      6/29/20  RNAV (GPS) RWY
                                                                                18, Amdt 1.
13-Aug-20............  OK           Grove...........  Grove Muni.....       0/3527      6/29/20  RNAV (GPS) RWY
                                                                                36, Orig.
13-Aug-20............  OK           Grove...........  Grove Muni.....       0/3528      6/29/20  VOR/DME-A, Amdt
                                                                                1.
13-Aug-20............  IA           Clinton.........  Clinton Muni...       0/3930      6/29/20  ILS OR LOC RWY
                                                                                3, Amdt 5A.
13-Aug-20............  IA           Clinton.........  Clinton Muni...       0/3931      6/29/20  RNAV (GPS) RWY
                                                                                3, Orig-A.
13-Aug-20............  IA           Clinton.........  Clinton Muni...       0/3932      6/29/20  RNAV (GPS) RWY
                                                                                14, Amdt 1A.
13-Aug-20............  IA           Clinton.........  Clinton Muni...       0/3933      6/29/20  RNAV (GPS) RWY
                                                                                21, Amdt 1A.
13-Aug-20............  IA           Clinton.........  Clinton Muni...       0/3934      6/29/20  VOR/DME RWY 21,
                                                                                Amdt 9B.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-15879 Filed 7-22-20; 8:45 am]
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