[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63707-63710]
[FR Doc No: 2016-22357]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0742; FRL-9951-44]

Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G;
Temporary Exemptions From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes temporary exemptions from the
requirement of a tolerance for residues of Aspergillus flavus strains
TC16F, TC35C, TC38B, and TC46G in or on the food and feed commodities
of corn, field; corn, pop; and corn, sweet when

used in accordance with the terms of Experimental Use Permit (EUP) No.
91163-EUP-1. Interregional Research Project Number 4 (IR-4) submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting these temporary tolerance exemptions. This regulation
eliminates the need under FFDCA to establish a maximum permissible
level for residues of Aspergillus flavus strains TC16F, TC35C, TC38B,
and TC46G when used under the terms of EUP No. 91163-EUP-1. The
temporary tolerance exemptions expire on June 30, 2020.

DATES: This regulation is effective September 16, 2016. Objections and
requests for hearings must be received on or before November 15, 2016,
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-2015-0742, 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: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), 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 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(g), 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-2015-0742 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
November 15, 2016. 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-2015-0742, 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. Background

    In the Federal Register of February 9, 2016 (81 FR 6826) (FRL-9941-
42), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 5E8397) by IR-4, Rutgers University, 500 College Rd. East,
Suite 201W, Princeton, NJ 08540. The petition requested that 40 CFR
part 180 be amended by establishing a temporary exemption from the
requirement of a tolerance for residues of Aspergillus flavus strains
TC16F, TC35C, TC38B, and TC46G in or on corn. That document referenced
a summary of the petition prepared by the petitioner IR-4, which is
available in the docket via http://www.regulations.gov. There were no
comments received in response to the notice of filing.
    EPA changed the commodity name reflected in the tolerance exemption
expression from ``corn'' to ``food and feed commodities of corn, field;
corn, pop; and corn, sweet'' and changed ``tolerance exemption'' to
``tolerance exemptions''. The reasons for these changes are explained
in Unit III.C.

III. Final Rule

A. EPA's Safety Determination

    Section 408(r) of FFDCA authorizes EPA to establish a temporary
exemption from the requirement of a tolerance for residues covered by
an experimental use permit issued under the Federal Insecticide,
Fungicide, and Rodenticide Act. That section states that the provisions
of section 408(c)(2) of FFDCA apply to exemptions issued under FFDCA
section 408(r). Section 408(c)(2)(A)(i) of FFDCA allows EPA to
establish an exemption from the requirement for a tolerance (the legal
limit for a pesticide chemical residue in or on a food) only if EPA
determines that the exemption is ``safe.'' Section 408(c)(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. Pursuant to FFDCA section
408(c)(2)(B), in establishing or maintaining in effect an

exemption from the requirement of a tolerance, EPA must take into
account the factors set forth in FFDCA section 408(b)(2)(C), which
require EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
or tolerance exemption 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 . . . .''
Additionally, FFDCA section 408(b)(2)(D) requires that EPA consider
``available information concerning the cumulative effects of [a
particular pesticide's] . . . residues and other substances that have a
common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on
Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G and
considered its validity, completeness, and reliability, as well as the
relationship of this information to human risk. A full explanation of
the data upon which EPA relied and its risk assessment based on that
data can be found within the August 18, 2016, document entitled
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for
Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G.'' This
document, as well as other relevant information, is available in the
docket for this action as described under ADDRESSES.
    Based upon its evaluation, EPA concludes that Aspergillus flavus
strains TC16F, TC35C, TC38B, and TC46G are not toxic, not pathogenic,
and not infective. Although there may be some exposure to residues when
used on corn in accordance with the terms of EUP No. 91163-EUP-1, there
is a lack of concern due to the lack of potential for adverse effects.
EPA also determined that retention of the Food Quality Protection Act
(FQPA) safety factor was not necessary as part of the qualitative
assessment conducted for Aspergillus flavus strains TC16F, TC35C,
TC38B, and TC46G.
    Based upon its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of
Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G. Therefore,
temporary exemptions from the requirement of a tolerance are
established for residues of Aspergillus flavus strains TC16F, TC35C,
TC38B, and TC46G in or on the food and feed commodities of corn, field;
corn, pop; and corn, sweet when used in accordance with the terms of
EUP No. 91163-EUP-1.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for
the reasons contained in the August 18, 2016, document entitled
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for
Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G'' and because
EPA is establishing temporary exemptions from the requirement of a
tolerance without any numerical limitation.

C. Revisions to the Requested Tolerance Exemption

    Two modifications have been made to the requested tolerance
exemption. EPA changed ``corn'' to ``food and feed commodities of corn,
field; corn, pop; and corn, sweet'' to align with the Agency's food and
feed commodity vocabulary. EPA also changed ``tolerance exemption'' to
``tolerance exemptions'' as four different active ingredients are
covered with this action.

IV. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to EPA. 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
exemptions in this action, 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. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 EPA's 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).

V. 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: August 30, 2016.
Jack Housenger,
Director, 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. Add Sec.  180.1338 to subpart D to read as follows:

Sec.  180.1338  Aspergillus flavus strains TC16F, TC35C, TC38B, and
TC46G; temporary exemptions from the requirement of a tolerance.

    Temporary exemptions from the requirement of a tolerance are
established for residues of Aspergillus flavus strains TC16F, TC35C,
TC38B, and TC46G in or on the food and feed commodities of corn, field;
corn, pop; and corn, sweet when used in accordance with the terms of
Experimental Use Permit No. 91163-EUP-1. These temporary exemptions
from the requirement of a tolerance expire on June 30, 2020.

[FR Doc. 2016-22357 Filed 9-15-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Page 36359]
[FR Doc No: 2023-11785]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28812]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letters dated March 24,
2023, and April 27, 2023, BNSF Railway Company (BNSF) petitioned the
Federal Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR parts 215 (Railroad Freight Car Safety
Standards) and 232 (Brake System Safety Standards for Freight and Other
Non-passenger Trains and Equipment; End of Train Devices). The relevant
FRA Docket Number is FRA-2007-28812.
    Specifically, BNSF requests a waiver extension from 49 CFR 232.205,
Class 1 brake test--initial terminal inspection, and certain provisions
of part 215 related to the inspection of trains entering the United
States from Mexico at Eagle Pass, Texas. BNSF seeks to continue to move
trains received in interchange from Ferrocarril Mexicano, S.A. (FXE),
approximately 12 miles outside of the community of Eagle Pass, Texas,
to the facilities at Ryan's Ruin, Texas, or Horan Siding, where the
required inspections can be performed. BNSF states that the relief
``has proven to create a more efficient and safer operating environment
along the U.S. and Mexico border for over a decade.'' In support of its
request, BNSF explains that prior to the current relief, trains ``would
be blocking the international bridge and multiple crossings in Eagle
Pass.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications are requested by August 1, 2023. Comments received
after that date will be considered if practicable. FRA reserves the
right to extend the existing relief subject to subsequent consideration
of any comments submitted to the docket. Anyone can search the
electronic form of any written communications and comments received
into any of our dockets by the name of the individual submitting the
comment (or signing the document, if submitted on behalf of an
association, business, labor union, etc.). Under 5 U.S.C. 553(c), the
U.S. Department of Transportation (DOT) solicits comments from the
public to better inform its processes. 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-11785 Filed 6-1-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71352-71354]
[FR Doc No: 2023-22704]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings # 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC24-2-000.
    Applicants: ECP ControlCo, LLC, Bridgepoint OP LP.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of ECP ControlCo, LLC.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5203.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: EC24-3-000.
    Applicants: Piedmont Green Power, LLC, Pacolet Milliken, LLC.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act, Request for Privileged Treatment, and Request
for Expedited Consideration of Piedmont Green Power, LLC, et al.
    Filed Date: 10/4/23.
    Accession Number: 20231004-5182.
    Comment Date: 5 p.m. ET 10/25/23.

    Docket Numbers: EC24-4-000.
    Applicants: Wildwood Lessee, LLC, Holloman Lessee LLC, SE1
Generation, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Wildwood Lessee, LLC, et al.
    Filed Date: 10/2/23.
    Accession Number: 20231002-5389.
    Comment Date: 5 p.m. ET 10/23/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-1687-004.
    Applicants: Blue Cube Operations LLC.
    Description: Late-Filed Updated Market Power Analyses for the
Central Region of Blue Cube Operations LLC.
    Filed Date: 10/5/23.
    Accession Number: 20231005-5195.
    Comment Date: 5 p.m. ET 10/26/23.

    Docket Numbers: ER20-676-009.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Compliance Filing of Tri-State Generation and
Transmission Association, Inc. in Response to Opinion No. 582.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5375.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2982-000.
    Applicants: BP Energy Company.
    Description: BP Energy Company submits 2023 WECC Soft Price Cap
Justification Filing.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5376.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER24-35-000.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: 2023-10-05 OMID E&P--GI-2020-18--
662--NOC--0.1.0 to be effective 12/5/2023.
    Filed Date: 10/5/23.
    Accession Number: 20231005-5172.
    Comment Date: 5 p.m. ET 10/26/23.

    Docket Numbers: ER24-36-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Sec.  205(d) Rate Filing: Filing of New Wholesale
Power Supply Contracts--Clone to be effective 12/5/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5001.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-38-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Initial rate filing: Filing of Policy D-2 to be
effective 12/5/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5002.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-39-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Initial rate filing: Filing of Policy D-11.1 to be
effective 12/5/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5003.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-40-000.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Termination of UAMPS Const Agmt
Santa Clara BTM Resource Modeling to be effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5010.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-41-000.
    Applicants: Pennsylvania Electric Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: Pennsylvania Electric
Company submits tariff filing per 35.13(a)(2)(iii: PENELEC Amends 6
ECSAs (5279 6269 6299 6332 6487 6490) to be effective 12/31/9998.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5043.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-42-000.
    Applicants: Virginia Electric and Power Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Virginia Electric and Power
Company submits tariff filing per 35.13(a)(2)(iii: VEPCO submits 1
WDSA, SA NO. 7119 to be effective 9/28/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5050.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-43-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Termination of Pier S Energy Storage
Letter Agreement to be effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5055.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-44-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Attachment AE
and AF Regarding Energy Offers Greater Than $1000/MWh to be effective
12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5061.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-45-000.
    Applicants: Blue Cube Operations LLC.
    Description: Compliance filing: Blue Cube Operations LLC Change in
Status filing to be effective 10/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5062.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-46-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Transmission
Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI
submits one Engineering and Construction Agreement SA No. 6644 to be
effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5065.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-47-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Hale South Solar LGIA Termination Filing to be
effective 10/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5066.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-48-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Griffin Road (GASNF Solar)
LGIA Filing to be effective 10/2/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5067.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-49-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Baker Creek Solar LGIA
Filing to be effective 9/28/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5070.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-50-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Transmission Owner Service
Agreement No. 56 with Dinuba Energy of Pacific Gas and Electric
Company.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5210.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: ER24-51-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
5545; Queue No. AE2-125 (amend) to be effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5126.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-52-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5807; Queue No. AF2-400 re: Withdrawal to be effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5129.
    Comment Date: 5 p.m. ET 10/27/23.

    Docket Numbers: ER24-53-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
6750;

Queue No. AD2-033 (amend) to be effective 12/6/2023.
    Filed Date: 10/6/23.
    Accession Number: 20231006-5139.
    Comment Date: 5 p.m. ET 10/27/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22704 Filed 10-13-23; 8:45 am]
BILLING CODE 6717-01-P


Comments Regarding the Possible Requirements of the Phase III Cooling Water Intake Structure Regulations Bayou Steel Corporation is a member of the Steel Manufacturers Association, which is comprised of 39 mini mill companies that operate 125 steel plants throughout North America. A mini mill takes scrap metal and utilizes electric arc furnaces to melt the scrap into steel, making mini mills the largest recyclers in the nation.

In order to determine how many mini mills would be affected by the possible 316( b) phase III rule making a statement and question were sent to the SMA member companies:

EPA is proposing regulations for cooling water intakes similar to the 316( b) phase II that affects existing power producing facilities.

The proposed regulations would impact those facilities that use cooling water, ie., have a cooling water intake structure withdrawing water from U. S. waters and at least 25% of the water is used for contact or non contact cooling; they have an NPDES permit ( or are required to obtain one); and they have a design intake flow of 50 MGD or greater.

How many member companies will this affect, ie., how many use cooling water with a design intake of 50 MGD or greater?

Responses were received from 30 facilities, representing 17 companies and 4, including Bayou Steel Corporation, would be affected by the 316( b) regulations.

General Comments 1) While there may be many facilities whose design intake flow may be 50 MGD or greater, the regulation should apply to those who actually utilize 50 MGD or greater. The facility should be able to demonstrate, over a certain period of time, that the 50 MGD is not exceeded.

2) Financially  Bayou Steel Corporation, and many of the other mini mills in the country, have been struggling over the past few years just to remain in business. Bayou Steel Corporation has just emerged from bankruptcy last month and considers itself lucky to still be in operation. The monitoring and permitting costs alone are significant and would be a large impact on extremely small budgets. Many, if not all, capital and other projects for improvement at Bayou Steel and most other mini mills have been abandoned or postponed indefinitely due to limited resources.

Wendy Stehling Bayou Steel Corporation LaPlace, LA on the Mississippi River wendys@ bayousteel. com 985/ 652 0322


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Page 6032]
[FR Doc No: 2016-02027]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4248-DR; Docket ID FEMA-2016-0001]

Mississippi; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4248-DR), dated January 4, 2016, and
related determinations.

DATES: Effective date: January 22, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of January 4, 2016.

    Monroe and Prentiss Counties for Individual Assistance and
Public Assistance.
    Panola County for Individual Assistance (already designated for
Public Assistance).
    Clay, Itawamba, and Tallahatchie Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-02027 Filed 2-3-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46196]
[DOCID:fr08se09-68]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-27-001]

 UGI Central Penn Gas, Inc.; Notice of Revised Rate Election

September 1, 2009.
    Take notice that on August 31, 2009, UGI Central Penn Gas, Inc.
(CPG) filed a Revised Rate Summary pursuant to section 284.123(e) of
the Commission's regulations. CPG filed to update its section 311 rate
elections in Docket No. PR09-27-000 to reflect the Pennsylvania Public
Utility Commission's August 27, 2009, adoption of new rates for city-
gate transportation service under Rate Schedule GD and storage service
under Rate Schedule S of CPG's tariff: Gas--PA P.U.C. No. 3. The
revised transportation and storage rates are effective August 28, 2009.
    Any person desiring to participate in this rate filing must file a
motion to intervene or a protest in accordance with Rules 211 and 214
of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the date as indicated below. Anyone filing an intervention or
protest must serve a copy of that document on the Applicant. Anyone
filing an intervention or protest on or before the intervention or
protest date need not serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 15, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21623 Filed 9-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Pages 91698-91700]
[FR Doc No: 2016-30001]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31107; Amdt. No. 3723]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) 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 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 December 19, 2016. 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 December 19, 2016.

ADDRESSES: Availability of matters 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, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center 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 Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City,
OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part Sec.  97.20. The
applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A,
and 8260-15B when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
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, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, 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/or 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, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may

require making them effective in less than 30 days. For the remaining
SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days
after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. 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 some 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 November 18, 2016.
John S. Duncan,
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
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures 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.

0
2. Part 97 is amended to read as follows:

Effective 5 January 2017

Ambler, AK, Ambler, NDB RWY 36, Amdt 2B, CANCELED
Ambler, AK, Ambler, RNAV (GPS) RWY 1, Amdt 1
Ambler, AK, Ambler, Takeoff Minimums and Obstacle DP, Amdt 1
Deering, AK, Deering, RNAV (GPS) RWY 3, Amdt 1
Deering, AK, Deering, RNAV (GPS) RWY 12, Amdt 1
Deering, AK, Deering, RNAV (GPS) RWY 21, Amdt 1
Deering, AK, Deering, RNAV (GPS) RWY 30, Amdt 1
Deering, AK, Deering, Takeoff Minimums and Obstacle DP, Amdt 2
Fort Yukon, AK, Fort Yukon, RNAV (GPS) RWY 4, Amdt 2
Fort Yukon, AK, Fort Yukon, RNAV (GPS) RWY 22, Amdt 2
Nulato, AK, Nulato, RNAV (GPS) RWY 3, Amdt 1
Nulato, AK, Nulato, RNAV (GPS) RWY 21, Amdt 1
Nulato, AK, Nulato, Takeoff Minimums and Obstacle DP, Amdt 1
Fayetteville/Springdale/Rogers, AR, Northwest Arkansas Rgnl, Takeoff
Minimums and Obstacle DP, Amdt 4
Denver, CO, Denver Intl, ILS OR LOC RWY 7, Amdt 3B
Tampa, FL, Tampa Intl, ILS OR LOC RWY 1L, ILS RWY 1L (SA CAT I), ILS
RWY 1L (CAT II), ILS RWY 1L (CAT III), Amdt 18
Tampa, FL, Tampa Intl, ILS OR LOC RWY 19R, Amdt 6
West Palm Beach, FL, Palm Beach Intl, ILS OR LOC RWY 10L, Amdt 27
Alma, GA, Bacon County, RNAV (GPS) RWY 15, Amdt 2A
Alma, GA, Bacon County, RNAV (GPS) RWY 33, Amdt 1A
Dawson, GA, Dawson Muni, RNAV (GPS) RWY 31, Orig-C
Dawson, GA, Dawson Muni, VOR/DME RWY 31, Orig-C
Lafayette, GA, Barwick Lafayette, RNAV (GPS) RWY 2, Amdt 2
Lafayette, GA, Barwick Lafayette, RNAV (GPS) RWY 20, Amdt 2
Lewiston, ID, Lewiston-Nez Pearce County, Takeoff Minimums and
Obstacle DP, Amdt 4
Paris, IL, Edgar County, RNAV (GPS) RWY 27, Amdt 1A
Greencastle, IN, Putnam County Rgnl, RNAV (GPS) RWY 18, Amdt 2
Greencastle, IN, Putnam County Rgnl, RNAV (GPS) RWY 36, Amdt 2
Greencastle, IN, Putnam County Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 1
Greencastle, IN, Putnam County Rgnl, VOR-A, Amdt 7
Indianapolis, IN, Indianapolis Rgnl, ILS OR LOC RWY 25, Amdt 2E
Indianapolis, IN, Indianapolis Rgnl, RNAV (GPS) RWY 25, Orig-B
Fort Leavenworth, KS, Sherman AAF, NDB RWY 34, Amdt 4A, CANCELED
Topeka, KS, Topeka Rgnl, TACAN RWY 13, Amdt 4A
Topeka, KS, Topeka Rgnl, TACAN RWY 31, Amdt 4A
Reserve, LA, Port of South Louisiana Executive Rgnl, RNAV (GPS) RWY
17, Amdt 1A
Reserve, LA, Port of South Louisiana Executive Rgnl, RNAV (GPS) RWY
35, Amdt 1A
Reserve, LA, Port of South Louisiana Executive Rgnl, Takeoff
Minimums and Obstacle DP, Amdt 1A
Reserve, LA, Port of South Louisiana Executive Rgnl, VOR RWY 35,
Amdt 1A
Stevensville, MD, Bay Bridge, RNAV (GPS) RWY 11, Amdt 1
Stevensville, MD, Bay Bridge, RNAV (GPS) RWY 29, Amdt 1
Bois Blanc Island, MI, Bois Blanc Island, RNAV (GPS) RWY 10, Amdt 1
Hancock, MI, Houghton County Memorial, ILS OR LOC RWY 31, Amdt 15
Hancock, MI, Houghton County Memorial, RNAV (GPS) RWY 7, Amdt 1B
Albert Lea, MN, Albert Lea Muni, RNAV (GPS) RWY 35, Amdt 1B
Austin, MN, Austin Muni, ILS OR LOC RWY 35, Amdt 1B
Silver City, NM, Grant County, SILVER CITY TWO, Graphic DP
Zanesville, OH, Zanesville Muni, RNAV (GPS) RWY 4, Orig
Zanesville, OH, Zanesville Muni, RNAV (GPS) RWY 22, Orig
Zanesville, OH, Zanesville Muni, VOR RWY 4, Amdt 7
Zanesville, OH, Zanesville Muni, VOR RWY 22, Amdt 4
Oneida, TN, Scott Muni, VOR/DME-A, Amdt 5D
Abilene, TX, Abilene Rgnl, ILS OR LOC RWY 35R, Amdt 7A
Abilene, TX, Abilene Rgnl, LOC RWY 17R, Orig-A
Abilene, TX, Abilene Rgnl, RADAR-1, Amdt 10
Abilene, TX, Abilene Rgnl, RNAV (GPS) RWY 17L, Amdt 1A
Abilene, TX, Abilene Rgnl, RNAV (GPS) RWY 22, Orig-A
Abilene, TX, Abilene Rgnl, RNAV (GPS) RWY 35R, Amdt 1A
Abilene, TX, Abilene Rgnl, Takeoff Minimums and Obstacle DP, Amdt 3
Lago Vista, TX, Lago Vista TX--Rusty Allen, RNAV (GPS) RWY 15, Amdt
1
Lubbock, TX, Lubbock Preston Smith Intl, ILS OR LOC RWY 17R, Amdt 18
Lubbock, TX, Lubbock Preston Smith Intl, ILS OR LOC RWY 26, Amdt 4B
Lubbock, TX, Lubbock Preston Smith Intl, LOC BC RWY 35L, Amdt 19
Lubbock, TX, Lubbock Preston Smith Intl, RNAV (GPS) RWY 8, Amdt 2B
Lubbock, TX, Lubbock Preston Smith Intl, RNAV (GPS) RWY 26, Amdt 2B
Lubbock, TX, Lubbock Preston Smith Intl, RNAV (GPS) Y RWY 17R, Amdt
2A

Lubbock, TX, Lubbock Preston Smith Intl, RNAV (GPS) Y RWY 35L, Amdt
2A
Lubbock, TX, Lubbock Preston Smith Intl, RNAV (RNP) Z RWY 17R, Orig-
B
Lubbock, TX, Lubbock Preston Smith Intl, RNAV (RNP) Z RWY 35L, Orig-
B
Slaton, TX, Slaton Muni, RNAV (GPS) RWY 18, Orig
Slaton, TX, Slaton Muni, RNAV (GPS) RWY 36, Orig
Slaton, TX, Slaton Muni, Takeoff Minimums and Obstacle Orig
Tyler, TX, Tyler Pounds Rgnl, VOR/DME RWY 22, AMDT 4A, CANCELED
St George, UT, St George Rgnl, LDA RWY 19, Orig-D
St George, UT, St George Rgnl, RNAV (GPS) RWY 19, Orig-D
Suffolk, VA, Suffolk Executive, RNAV (GPS) RWY 22, Amdt 2
Wallops Island, VA, Wallops Flight Facility, RNAV (GPS) RWY 10, Amdt
2
Clarksburg, WV, North Central West Virginia, RNAV (GPS) RWY 3, Amdt
2
Rock Springs, WY, Rock Springs-Sweetwater County, ILS OR LOC RWY 27,
Amdt 2
Rock Springs, WY, Rock Springs-Sweetwater County, RNAV (GPS) RWY 27,
Amdt 1A
[FR Doc. 2016-30001 Filed 12-16-16; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I very much want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life and provided a better quality of life for my family and those around me. The innovative products under attack by this regulation are exactly those of which are helping people get away form cigarettes. I cannot justify nicotine itself being considered tobacco as this is completely untrue, these are vaporizing products. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66713-66716]
[FR Doc No: 2016-23332]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2016-9156]

Hazardous Materials: Emergency Restriction/Prohibition Order

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Emergency Restriction/Prohibition Order.

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

SUMMARY: This notice provides Emergency Restriction/Prohibition Order
No. FAA-2016-9156, issued September 16, 2016 to Braille Battery, Inc.
The Emergency Order prohibits Braille Battery from offering for
transportation and transporting, any lithium ion battery that is not in
compliance with the HMR or the International Civil Aviation
Organization (ICAO) Technical Instructions as permitted in the HMR;
requires Braille Battery to maintain and make publicly available the
complete test record issued by the testing facility for each lithium
ion battery manufactured by Braille Battery proven to meet the criteria
in part III, sub-section 38.3 of the UN Manual of Tests and Criteria;
requires Braille Battery to notify third party vendors that may offer
for transportation, or transport, via air any lithium ion battery
manufactured by Braille Battery that the third party vendor should not
offer for transportation, nor transport, via air a Braille Battery
lithium ion battery until Braille Battery confirms that the lithium ion
battery is of a design type proven to meet the criteria in part III,
sub-section 38.3 of the UN Manual of Tests and Criteria; prohibits
Braille from using any ``hazmat employee'' that has not received
training in accordance with the HMR; and prohibits Braille Battery from
offering for transportation, or transporting, by air any hazardous
materials requiring a DOT specification or UN standard packaging unless
Braille Battery follows the applicable packing and closure
instructions.

DATES: Effective Date: The Emergency Restriction/Prohibition Order
provided in this notice was effective September 16, 2016.

FOR FURTHER INFORMATION CONTACT: Ryan Landers, Office of the Chief
Counsel, Federal Aviation Administration, 1701 Columbia Ave., College
Park, GA 30337; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: As required by 49 CFR 109.19(f)(2), the full
text of Emergency Restriction/Prohibition Order No. FAA-2016-9156
issued September 16, 2016 is as follows:
    This notice constitutes an Emergency Restriction/Prohibition Order
(Order) by the United States Department of Transportation (DOT)
pursuant to 49 U.S.C. 5121(d) and 49 CFR 109.17(a); and pursuant to
delegation of authority to the Administrator, Federal Aviation
Administration (Administrator), United States Department of
Transportation. This Order is issued to Braille Battery, Inc., (Braille
Battery) 6935 15th St. E Bldg 115, Sarasota, FL 34243. Upon information
derived from recent Braille Battery lithium ion battery shipments and
subsequent FAA investigations, the Administrator has found violations
of the Federal Hazmat law (49 U.S.C. 5101, et seq.) or the Hazardous
Materials Regulations (HMR) (49 CFR parts 171 to 180); an unsafe
condition, and that an unsafe practice is causing or otherwise
constitutes an imminent hazard to the safe transportation of hazardous
materials. Specifically, Braille Battery's continued offering of
lithium ion batteries for transport via air that are neither proven to
meet the criteria in part III, sub-section 38.3 of the UN Manual of
Tests and Criteria, nor properly classified and packaged, constitutes
an imminent hazard under 49 U.S.C. 5121(d) and 5102(5). For more
detailed information see ``Background/Basis for Order'' below.

Effective Immediately Braille Battery

    (1) Shall not offer for transportation, nor transport, via air any
lithium ion battery that is not in compliance with the HMR or the
International Civil Aviation Organization (ICAO) Technical Instructions
as permitted in the HMR. This includes, but is not limited to, all (1)
lithium ion batteries of a design type that has not been proven to meet
the criteria in part III, sub-section 38.3 of the UN Manual of Tests
and Criteria, (2) lithium ion batteries of a type proven to meet the
criteria in part III, sub-section 38.3 of the UN Manual of Tests and
Criteria, but exceed the watt-hour (Wh) rating limitations for the
lithium ion battery type that meets the criteria, and (3) lithium ion
batteries not properly packaged and prepared in compliance with 49 CFR
173.185(b) and (c) or the ICAO Technical Instructions.
    (2) Shall, for each lithium ion battery manufactured by Braille
Battery proven to meet the criteria in part III, sub-section 38.3 of
the UN Manual of Tests and Criteria, maintain and make publicly
available the complete test record issued by the testing facility. If
Braille Battery does not possess the complete test record issued by the
testing facility for any lithium ion battery it manufactures, Braille
Battery must immediately contact the testing facility(s) and obtain the
complete test record. To assist third-party vendors and carriers in
confirming that Braille Battery lithium ion batteries are in compliance
with part III, sub-section 38.3 of the UN Manual of Tests and Criteria,
Braille Battery must make the complete test record by the testing

facility available via an internet Web site. While this Order is in
effect and prior to offering or transporting via air, Braille Battery
must add to the internet Web site any and all new test records obtained
to show that its lithium ion battery(s) are of a type proven to meet
the criteria in part III, sub-section 38.3 of the UN Manual of Tests
and Criteria. Additionally, Braille Battery must provide to the FAA any
and all new test records showing that its lithium ion battery(s) are of
a type proven to meet the criteria in part III, sub-section 38.3 of the
UN Manual of Tests and Criteria prior to offering them for
transportation, or transporting, via air.
    (3) Shall notify any and all third party vendors that may offer for
transportation, or transport, via air any lithium ion battery
manufactured by Braille Battery that the third party vendor should not
offer for transportation, nor transport, via air a Braille Battery
lithium ion battery until Braille Battery confirms that the lithium ion
battery is of a design type proven to meet the criteria in part III,
sub-section 38.3 of the UN Manual of Tests and Criteria.
    (4) Shall not utilize any ``hazmat employee'' (49 CFR 171.8) not
properly trained in accordance with the HMR (49 CFR 172.700-704 and/or
173.185(c)(4)(v)) to perform a specific hazmat function covered by the
HMR. This includes, but is not limited to, function-specific training
concerning the requirements specifically applicable to the functions
the employee performs (49 CFR 172.704(a)(2)). Braille Battery shall not
utilize any hazmat employee trained per the HMR to perform the
classification and packing function for air transportation if the
hazmat employee does not demonstrate the ability to properly classify
and package a lithium ion battery in compliance with 49 CFR 173.185(b)
and (c) or the ICAO Technical Instructions.
    (5) Shall not offer for transportation, nor transport, by air any
hazardous materials requiring a DOT specification or UN standard
packaging unless Braille Battery follows the applicable packing and
closure instructions.
    This Order applies to Braille Battery, its officers, directors,
employees, subcontractors, and agents. This Order is effective
immediately and remains in effect unless rescinded in writing by the
Administrator or his designee, or until it otherwise expires by
operation of law.

Jurisdiction

    The Secretary has the authority to regulate the transportation of
lithium ion batteries in commerce. 49 U.S.C. 5103(b). The Secretary has
designated lithium ion batteries, UN 3480, as a hazardous material
subject to the requirements of the HMR. 49 U.S.C. 5103(a); 49 CFR
172.101. The Administrator has the authority to carry out the functions
vested in the Secretary by 49 U.S.C. 5121 relating to the
transportation or shipment of hazardous materials by air. 49 CFR
1.83(d)(1). Braille Battery offers for transportation or transports
hazardous materials in commerce within the United States and therefore
is a ``person'', as defined by 49 U.S.C. 5102(9), in addition to being
a ``person'' under 1 U.S.C. 1 and a ``person who offers'' as defined by
49 CFR 171.8. Commerce is as defined by 49 U.S.C. 5102(1) and 49 CFR
171.8, and ``transportation'' or ``transport'' are as defined by 49
U.S.C. 5102(13) and 49 CFR 171.8. Accordingly, Braille Battery is
subject to the authority and jurisdiction of the Administrator
including the authority to impose emergency restrictions, prohibitions,
recalls, or out-of-service orders, without notice or an opportunity for
hearing, to the extent necessary to abate the imminent hazard. 49
U.S.C. 5121(d).

Background/Basis for Order

A. Lithium Ion Battery HMR Requirements
    Shipping hazardous materials is inherently dangerous. The HMR and
the ICAO Technical Instructions requirements for shipping lithium ion
batteries via air, including the requirements that lithium ion
batteries be properly classified, packaged, and of a type proven to
meet the criteria in part III, sub-section 38.3 of the UN Manual of
Tests and Criteria, are meant to protect people and property. Lithium
ion batteries not in compliance with these requirements may not be
offered or transported via air. Braille Battery, as a lithium ion
battery manufacturer, is responsible for ensuring that each lithium ion
battery it manufactures is of a type proven to meet the criteria in
part III, sub-section 38.3 of the UN Manual of Tests and Criteria
before it is offered for transportation or transported. Furthermore,
Braille Battery is responsible for ensuring that any lithium ion
battery it offers for transportation, or transports, via air is
properly classified and packaged. This Order ensures that Braille
Battery lithium ion battery shipments will be transported in compliance
with the HMR or the ICAO Technical Instructions.
B. Braille Battery Lithium Ion Battery Shipments
    Upon reliable and credible information received in the course of
investigations, the Administrator has learned Braille Battery is
offering for air transport lithium ion batteries that do not meet the
HMR or ICAO Technical Instructions requirements. On June 6, 2016, the
FAA received notice from Federal Express regarding a Federal Express
delivery truck that caught fire on June 3, 2016. In its notification,
Federal Express indicated that four separate lithium ion battery
packages offered by Braille Battery were onboard the delivery truck
that caught fire. All four packages were offered for air transport and
were transported via air prior to being loaded on the delivery truck
that caught fire. Federal Express believes that one of the packages
caused the fire.\1\
---------------------------------------------------------------------------

    \1\ The National Transportation Safety Board is investigating
the cause of the fire.
---------------------------------------------------------------------------

    The FAA began an investigation into Braille Battery's shipment of
lithium ion batteries. The investigation revealed that Braille Battery
manufactured and offered for air transport the lithium ion batteries
onboard the Federal Express delivery truck that caught fire on June 3,
2016. The investigation also revealed that Braille Battery does not
have proof that the four Braille Battery lithium ion batteries meet the
criteria in part III, sub-section 38.3 of the UN Manual of Tests and
Criteria. Further investigation found that Braille Battery possessed a
three-page report allegedly issued by Intertek showing that the Braille
Intensity and Braille Intensity 24v lithium ion batteries meet the
criteria in part III, sub-section 38.3 of the UN Manual of Tests and
Criteria. However, Braille Battery could not produce the complete test
report, and Intertek denies ever testing the Braille Intensity or
Braille Intensity 24v lithium ion batteries or creating the summary
report.
    On June 15, 2016, FAA representatives notified Braille Battery that
it could not transport lithium ion batteries lacking proof that they
meet the criteria in part III, sub-section 38.3 of the UN Manual of
Tests and Criteria. Between July 14, 2016 and August 19, 2016, Braille
Battery offered 20 lithium ion battery shipments for air transport to
DHL Express. The 20 lithium ion battery shipments offered to DHL
Express included approximately 103 lithium ion batteries. At least 3 of
the lithium ion batteries were not of a type proven to meet the
criteria in part III, sub-section 38.3 of the UN Manual of Tests and
Criteria. An additional 61 of the 103 lithium ion batteries offered to
DHL

Express are currently being investigated to determine if they meet the
criteria in part III, sub-section 38.3 of the UN Manual of Tests and
Criteria.
C. Braille Battery Classification and Packaging
    The FAA's investigation also revealed that none of the above-
referenced 103 lithium ion batteries offered to DHL Express were likely
in compliance with 49 CFR 173.185(b) and (c) or the ICAO Technical
Instructions. Braille Battery employees who classify, prepare, and
package lithium ion batteries for shipment fail to understand their
function-specific requirements of how to properly classify or package a
lithium ion battery under 49 CFR 173.185(b) and (c) or the ICAO
Technical Instructions. During a follow-up inspection at Braille
Battery on September 7-8, 2016, the hazmat employees responsible for
classification and packaging did not follow the UN specification box
instructions.
    Braille utilizes three Labelmaster UN specification boxes for
lithium ion battery air transport shipments: (1) UA121212BSR; (2)
UA151010BS; and (3) UA151414BS. The hazmat employees performing
packaging did not follow the instructions for the three UN
specification boxes. All three UN specification boxes provided the
following warning as to proper packaging: ``This closure instruction
includes the assembly procedures for this packaging design.
Substitution of materials or a change to these closure instructions may
cause non-compliance with regulations and void the test certification
for the packaging.''
    The packaging instructions for UN specification boxes UA121212BSR,
UA151414BS, and UA151010BS all require the use of a liner bag and nylon
ties around the article. Braille Battery hazmat employees were not
utilizing the liner bags or nylon ties when packaging lithium ion
batteries in the UN specification boxes UA121212BSR, UA151414BS, and
UA151010BS. The packaging instructions for UN specification boxes
UA121212BSR and UA151010BS also require that an absorbent pad be placed
in the liner bag. Braille Battery hazmat employees did not understand
that the absorbent pad was required, and Braille Battery did not
possess the required absorbent pads when UN specification boxes
UA121212BSR and UA151010BS were used. Additionally, UN specification
boxes UA121212BSR and UA151414BS require the use of ``3M 372 tape'' and
UN specification box UA151010BS requires the use of ``3 mil, 3'' wide
hot melt tape'' when closing the specification box. Braille Battery did
not possess the required closure tape for any of the three UN
specification boxes at any time when Braille Battery used the three UN
specification boxes in the above-referenced shipments.
    The Braille Battery hazmat employees' failure to properly prepare
the UN specification boxes for lithium ion battery air shipments
resulted in the lithium ion battery packages that appeared to carriers
to be in compliance with the applicable HMR or ICAO Technical
Instructions, Packing Instruction 965, but were actually not safe for
air transportation.
D. Finding of Imminent Hazard
    An imminent hazard, as defined by 49 U.S.C. 5102(5) and 49 CFR
109.1, constitutes the existence of a condition relating to hazardous
material that presents a substantial likelihood that death, serious
illness, severe personal injury, or substantial endangerment to health,
property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen the
risk of death, illness, injury or endangerment. Shipments of lithium
ion batteries that do not meet all the HMR or ICAO Technical
Instructions requirements, including not meeting the criteria in part
III, sub-section 38.3 of the UN Manual of Tests and Criteria and proper
classification and packaging, may be of a design or condition that
cannot be safely transported via air. They may cause an ignition or a
dangerous evolution of heat or become a fuel source for fire. Just one
fire incident poses a high risk of death, serious illness, severe
personal injury, and danger to property and the environment. This risk
is magnified when the fire or evolution of heat occurs aboard an
aircraft during flight.
    Further, Braille Battery's overall conditions and practices,
including Braille Battery's (a) failure to adequately train its
employees to ship the lithium ion batteries in accordance with the HMR
and ICAO Technical Instructions, and (b) continued offering for air
transport lithium ion batteries that were not tested in accordance with
the UN Manual of Tests and Criteria despite FAA warnings, when taken
together, constitute an imminent hazard.
    Therefore, each continued offering and transportation of these
untested, improperly classified and packaged lithium ion batteries
constitutes an imminent hazard.

Remedial Action

    To eliminate or abate the imminent hazard, Braille Battery must,
prior to offering for transport or transporting via air, ensure that
each lithium ion battery fully complies with all HMR or ICAO Technical
Instructions requirements for lithium ion battery air transport. This
includes maintaining a record of proof that the lithium ion battery
type meets the criteria in part III, sub-section 38.3 of the UN Manual
of Tests and Criteria and notifying third-party vendors that they
should not ship via air a Braille Battery lithium ion battery of a type
lacking proof that it meets the criteria in part III, sub-section 38.3
of the UN Manual of Tests and Criteria. This also includes ensuring
that Braille Battery air transport shipments containing lithium ion
batteries are classified and packaged in accordance with the HMR or
ICAO Technical Instructions. Additionally, while this Order is in
effect and prior to offering for transport or transporting via air,
Braille Battery must, adequately demonstrate to the FAA that its
employees can properly classify and package a lithium ion battery. For
each DOT or UN specification box Braille Battery intends to use for
lithium ion battery shipments, Braille Battery employees must
demonstrate to the FAA that they understand the DOT or UN specification
box instructions and can successfully package a lithium ion battery
following those instructions.

Rescission of This Order

    This Order remains in effect until the Administrator determines
that an imminent hazard no longer exists or a change in applicable
statute or Federal regulation occurs that supersedes the requirements
of this Order. Before Braille Battery may offer for transportation and/
or transport any package subject to this Order, Braille Battery must be
able to adequately demonstrate to the Administrator that its lithium
ion battery shipments comply with all HMR requirements, including (1)
having proof that the battery type meets the criteria in part III, sub-
section 38.3 of the UN Manual of Tests and Criteria, and (2) that
Braille Battery has trained all employees in accordance with how to
classify and package a lithium ion battery in accordance with 49 CFR
173.185(b) and (c) or the ICAO Technical Instructions, and (3) Braille
Battery follows all relevant closure instructions for UN or DOT
specification packagings. After Braille Battery makes such
demonstration for all lithium ion battery models it manufactures and
offers for transportation via air, the Administrator will issue a
Rescission Order. Until the Administrator has issued the Rescission
Order, Braille Battery must not offer or

transport via air any package covered by this Order.

Failure To Comply

    Braille Battery or any person failing to comply with this Order is
subject to civil penalties up to $179,933 for each violation for each
day they are found to be in violation (49 U.S.C. 5123). A person
violating this Order may also be subject to criminal prosecution, which
may result in fines under title 18, imprisonment of up to ten years, or
both (49 U.S.C. 5124).

Right To Review

    Any person to whom the Administrator has issued an Emergency Order
is entitled to review of the order pursuant to 49 U.S.C. 5121(d)(3) and
in accordance with section 554 of the Administrative Procedure Act
(APA), 5 U.S.C. 500, et seq. Any petition seeking relief must be filed
within 20 calendar days of the date of this Order (49 U.S.C.
5121(d)(3)), and include one copy addressed to the Chief Safety Officer
(CSO) for the Pipeline and Hazardous Materials Safety Administration,
United States Department of Transportation, 1200 New Jersey Avenue SE.,
Washington DC 20590-0001 (ATTENTION: Office of Chief Counsel)
(electronically to<EMAIL_ADDRESS>and one copy addressed to
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (http://Regulations.gov under Docket #FAA-2016-
9156) (49 CFR 109.19). Furthermore, one copy must be addressed to
Federal Aviation Administration, United States Department of
Transportation, 800 Independence Avenue SW., Washington DC 20591
(ATTENTION: Office of Chief Counsel, AGC-1) (49 CFR 109.19).
    A petition for review must state the material facts at issue which
the petitioner believes dispute the existence of an imminent hazard and
must include all evidence and exhibits to be considered. The petition
must also state the relief sought. Within 30 days from the date the
petition for review is filed, the CSO must approve or deny the relief
in writing; or find that the imminent hazard continues to exist, and
extend the original Emergency Order. In response to a petition for
review, the CSO may grant the requested relief in whole or in part; or
may order other relief as justice may require (including the immediate
assignment of the case to the Office of Hearings for a formal hearing
on the record).
    In order to request a formal hearing in accordance with 5 U.S.C.
554, the petition must state that a formal hearing is requested and
must identify the material facts in dispute giving rise to the request
for a hearing (49 CFR 109.19). A petition which requests a formal
hearing must include an additional copy addressed to the Chief
Administrative Law Judge, U.S. Department of Transportation, Office of
Hearings, M-20, Room E12-320, 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590 (FAX:<PHONE_NUMBER>).

Emergency Contact Official

    If you have any questions concerning this Emergency Restriction/
Prohibition Order, you should call Office of Hazmat Safety, at 202-437-
7651.

    Issued in Washington, DC, on September 22, 2016.
Reginald C. Govan,
Chief Counsel, Federal Aviation Administration.
[FR Doc. 2016-23332 Filed 9-27-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26305-26308]
[FR Doc No: 2016-10200]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0027]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 21 individuals
for exemption from the vision requirement

in the Federal Motor Carrier Safety Regulations. They are unable to
meet the vision requirement in one eye for various reasons. The
exemptions will enable these individuals to operate commercial motor
vehicles (CMVs) in interstate commerce without meeting the prescribed
vision requirement in one eye. If granted, the exemptions would enable
these individuals to qualify as drivers of commercial motor vehicles
(CMVs) in interstate commerce.

DATES: Comments must be received on or before June 1, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0027 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    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.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
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.'' FMCSA can renew exemptions at the end of each
2-year period. The 21 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

Felix Barajas Ramirez

    Mr. Barajas Ramirez, 54, has had a retinal detachment in his left
eye since 2009. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2016, his
ophthalmologist stated, ``In my medical opinion I see no ocular reason
to exclude Mr. Barajas from driving or operating a commercial
vehicle.'' Mr. Barajas Ramirez reported that he has driven tractor-
trailer combinations for 13 years, accumulating 140,000 miles. He holds
a Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Curtis W. Bottorf

    Mr. Bottorf, 61, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2015, his optometrist stated, ``I
certify that, in my medical opinion, Curt Bottorf has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bottorf reported that he has driven straight trucks for
23 years, accumulating 345,000 miles. He holds an operator's license
from Pennsylvania. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ronnie E. Boyd

    Mr. Boyd, 51, has had corneal ectasia in his right eye since 2013.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2015, his ophthalmologist stated,
``Ronnie has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Boyd reported that he has driven
straight trucks for 1 year, accumulating 7,000 miles and tractor-
trailer combinations for 6 years, accumulating 480,000 miles. He holds
a Class A CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Laurence R. Casey

    Mr. Casey, 56, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/400, and in his left eye, 20/40.
Following an examination in 2016, his ophthalmologist stated, ``Mr.
Casey has sufficient vision to operate a commercial vehicle.'' Mr.
Casey reported that he has driven straight trucks for 34 years,
accumulating 153,000 miles, and tractor-trailer combinations for 34
years, accumulating 2.04 million miles. He holds a Class AM CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Jon C. Dillon

    Mr. Dillon, 47, has macular scarring in his left eye due to a
traumatic incident in 1991. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in
2016, his optometrist stated, ``It is my medical opinion that Mr.
Dillion has sufficient vision to perform the driving tests required to
operate a commercial vehicle under your guidelines.'' Mr. Dillon
reported that he has driven straight trucks for 23 years, accumulating
11,500 miles and tractor-trailer combinations for 10 years,
accumulating 30,000 miles. He holds a Class A CDL from Minnesota. His
driving record for the last 3 years shows

no crashes and no convictions for moving violations in a CMV.

Richard W. Ellis

    Mr. Ellis, 48, has had a prosthetic right eye since 2000. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``In regards to his visual competence, Mr. Ellis is quite sufficiently
equipped to operate commercial vehicles.'' Mr. Ellis reported that he
has driven tractor-trailer combinations for 30 years, accumulating 2.4
million miles. He holds a Class A CDL from Iowa. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Shorty Ellis

    Mr. Ellis, 52, has had a retinal scar in his right eye since
childhood. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``. . . Mr. Ellis has stable vision that hasn't changed and he is safe
to operate a commercial motor vehicle as he has been successfully doing
for years.'' Mr. Ellis reported that he has driven straight trucks for
35 years, accumulating 280,000 miles, tractor-trailer combinations for
5 years, accumulating 390,000 miles and buses for 2 years, accumulating
2,400 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Gregory T. Garris

    Mr. Garris, 47, has had a cataract in his right eye since birth.
The visual acuity in his right eye is hand motion, and in his left eye,
20/20. Following an examination in 2015, his ophthalmologist stated,
``Given his long-term record of safely driving with one good eye, I see
no reason to deny him continued privilege of driving as a commercial
driver.'' Mr. Garris reported that he has driven tractor-trailer
combinations for 25 years, accumulating 1.63 million miles. He holds a
Class A CDL from Oklahoma. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

James R. Hammond

    Mr. Hammond, 27, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400 and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``The patient states that he has safely driven commercial vehicles for
many years with no troubles. I think the patient should be able to
drive safely with his excellent vision (left eye) and his excellent
visual field with both eyes.'' Mr. Hammond reported that he has driven
straight trucks for 2 years, accumulating 28,080 miles. He holds a
Class D CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Russell P. Kosinko

    Mr. Kosinko, 55, has a scar in his right eye due to a traumatic
incident in 2011. The visual acuity in his right eye is 20/600, and in
his left eye, 20/30. Following an examination in 2015, his optometrist
stated, ``In my medical opinion Russell does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Kosinko reported that he has driven straight trucks for 20 years,
accumulating 2 million miles, and tractor-trailer combinations for 20
years, accumulating 520,000 miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Christopher B. Liston

    Mr. Liston, 47, has had a chorioretinal scar in his right eye since
birth. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2016, his optometrist stated,
``It is my opinion that Mr. Liston has sufficient vision to perform
driving tasks required to operate a commercial vehicle as it relates to
his vision.'' Mr. Liston reported that he has driven straight trucks
for 11 years, accumulating 126,720 miles, and tractor-trailer
combinations for 11 years, accumulating 31,680 miles. He holds a Class
AM CDL from Tennessee. His driving record for the last 3 years shows
one crash, to which he did not contribute and for which he was not
cited, and no convictions for moving violations in a CMV.

Larry D. Miller

    Mr. Miller, 72, has had a prosthetic right eye since 1969. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/25. Following an examination in 2015, his optometrist stated,
``In my professional medical opinion, Mr. Larry Miller has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Miller reported that he has driven straight trucks for
10 years, accumulating 250,000 miles, and tractor-trailer combinations
for 43 years, accumulating 4.3 million miles. He holds a Class A CDL
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Mickael P. Miller

    Mr. Miller, 52, has had exotropia in both eyes since childhood,
preventing him from using both eyes together. The visual acuity in his
right eye is 20/20, and in his left eye, 20/20. Following an
examination in 2016, his optometrist stated, ``In my opinion Mr. Miller
has vision adequate to drive a commercial vehicle, especially in light
of his long work history doing this very job with an apparently
successful track record.'' Mr. Miller reported that he has driven
straight trucks for 25 years, accumulating 50,000 miles. He holds a
Class B CDL from Louisiana. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Benny D. Patterson

    Mr. Patterson, 56, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2015, his
ophthalmologist stated, ``I do feel that Mr. Patterson, in my medical
opinion, has sufficient vision to perform the driving tasks required to
operative [sic] a commercial motor vehicle with the monocular Vision
Exemption Program.'' Mr. Patterson reported that he has driven straight
trucks for 38 years, accumulating 760,000 miles and tractor-trailer
combinations for 35 years, accumulating 875,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

James A. Peterson

    Mr. Peterson, 67, had a retinal detachment in his left eye in 1965.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2015, his ophthalmologist
stated, ``His color vision is completely normal, and in my medical
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Peterson reported that he has
driven straight trucks for 3 years, accumulating 30,000 miles, and
tractor-trailer combinations for 20 years, accumulating 1 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Jose R. Pitre Rodriguez

    Mr. Pitre Rodriguez, 57, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``Mr. Pitre has sufficient vision to perform the driving test
required and to operate a commercial vehicle.'' Mr. Pitre Rodriguez
reported that he has driven straight trucks for 23 years, accumulating
61,600 miles. He holds a Class A CDL from FL. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

John Rueckert

    Mr. Rueckert, 63, had a retinal detachment in his left eye in 2013.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2015, his optometrist stated, ``In my
opinion, John has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rueckert reported that
he has driven straight trucks for 45 years, accumulating 2.25 million
miles and tractor-trailer combinations for 39 years, accumulating 5.85
million miles. He holds a Class A CDL from South Dakota. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Joseph W. Schmit

    Mr. Schmit, 54, has a prosthetic left eye due to a traumatic
incident in 1987. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2016,
his optometrist stated, ``It is my medical opinion that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Schmit reported that he has driven straight
trucks for 20 years, accumulating 250,000 miles and tractor-trailer
combinations for 4 years, accumulating 22,000 miles. He holds a Class A
CDL from Nebraska. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Douglas R. Strickland

    Mr. Strickland, 25, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/400, and in
his left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``He should be cleared to drive a commercial vehicle from a
visual standpoint in my opinion.'' Mr. Strickland reported that he has
driven straight trucks for 8 years, accumulating 12,800 miles. He holds
a Class C CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Vladimir Szudor

    Mr. Szudor, 44, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``Yes,
Mr. Szudor has sufficient vision to perform the driving tasks to
operate commercial vehicle.'' Mr. Szudor reported that he has driven
buses for 8 years, accumulating 320,000 miles. He holds an operator's
license from Florida. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Marvin S. Zimmerman

    Mr. Zimmerman, 69, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is light perception, and
in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``In my medical opinion Mr. Zimmerman has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Zimmerman reported that he has driven
tractor-trailer combinations for 40 years, accumulating 5.2 million
miles. He holds a Class A CDL from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice, 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 the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2016-0027 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in 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. FMCSA may issue a final determination at any time after
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2016-0027 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed 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., e.t., Monday through Friday, except Federal holidays.

    Issued on: April 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10200 Filed 4-29-16; 8:45 am]
 BILLING CODE 4910-EX-P


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