[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57903-57904]
[FR Doc No: 2019-23600]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 0-4, SEC File No. 270-569, OMB Control No. 3235-0633

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission

plans to submit this collection of information to the Office of
Management and Budget for extension and approval.
    Rule 0-4 (17 CFR 275.0-4) under the Investment Advisers Act of 1940
(``Act'' or ``Advisers Act'') (15 U.S.C. 80b-1 et seq.) entitled
``General Requirements of Papers and Applications,'' prescribes general
instructions for filing an application seeking exemptive relief with
the Commission. Rule 0-4 currently requires that every application for
an Order for which a form is not specifically prescribed and which is
executed by a corporation, partnership or other company and filed with
the Commission contain a statement of the applicable provisions of the
articles of incorporation, bylaws or similar documents, relating to the
right of the person signing and filing such application to take such
action on behalf of the applicant, and a statement that all such
requirements have been complied with and that the person signing and
filing the application is fully authorized to do so. If such
authorization is dependent on resolutions of stockholders, directors,
or other bodies, such resolutions must be attached as an exhibit to or
quoted in the application. Any amendment to the application must
contain a similar statement as to the applicability of the original
statement of authorization. When any application or amendment is signed
by an agent or attorney, rule 0-4 requires that the power of attorney
evidencing his authority to sign shall state the basis for the agent's
authority and shall be filed with the Commission. Every application
subject to rule 0-4 must be verified by the person executing the
application by providing a notarized signature in substantially the
form specified in the rule. Each application subject to rule 0-4 must
state the reasons why the applicant is deemed to be entitled to the
action requested with a reference to the provisions of the Act and
rules thereunder, the name and address of each applicant, and the name
and address of any person to whom any questions regarding the
application should be directed. Rule 0-4 requires that a proposed
notice of the proceeding initiated by the filing of the application
accompany each application as an exhibit and, if necessary, be modified
to reflect any amendment to the application.
    The requirements of rule 0-4 are designed to provide Commission
staff with the necessary information to assess whether granting the
Orders of exemption are necessary and appropriate in the public
interest and consistent with the protection of investors and the
intended purposes of the Act.
    Applicants for Orders under the Advisers Act can include registered
investment advisers, affiliated persons of registered investment
advisers, and entities seeking to avoid investment adviser status,
among others. Commission staff estimates that it receives up to 4
applications per year submitted under rule 0-4 of the Act seeking
relief from various provisions of the Advisers Act and, in addition, up
to 3 applications per year submitted under Advisers Act rule 206(4)-5,
which addresses certain ``pay to play'' practices and also provides the
Commission the authority to grant applications seeking relief from
certain of the rule's restrictions. Although each application typically
is submitted on behalf of multiple applicants, the applicants in the
vast majority of cases are related entities and are treated as a single
respondent for purposes of this analysis. Most of the work of preparing
an application is performed by outside counsel and, therefore, imposes
no hourly burden on respondents. The cost outside counsel charges
applicants depends on the complexity of the issues covered by the
application and the time required. Based on conversations with
applicants and attorneys, the cost for applications ranges from
approximately $13,600 for preparing a well-precedented, routine (or
otherwise less involved) application to approximately $212,800 to
prepare a complex or novel application. We estimate that the Commission
receives 1 of the most time-consuming applications annually, 3
applications of medium difficulty, and 3 of the least difficult
applications subject to rule 0-4.\1\ This distribution gives a total
estimated annual cost burden to applicants of filing all applications
of $392,500 [(1 x $212,800) + (3 x $46,300) + (3 x $13,600)]. The
estimate of annual cost burden is made solely for the purposes of the
Paperwork Reduction Act, and is not derived from a comprehensive or
even representative survey or study of the costs of Commission rules
and forms.
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    \1\ The estimated 3 least difficult applications include the
estimated 3 applications per year submitted under Advisers Act rule
206(4)-5.
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    The requirements of this collection of information are required to
obtain or retain benefits. Responses will not be kept confidential. An
agency may not conduct or sponsor, and a person is not required to
respond to a collection of information unless it displays a currently
valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace Kenner, 100 F Street NE, Washington, DC 20549; or send an
email to<EMAIL_ADDRESS>
    Dated: October 24, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-23600 Filed 10-28-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 5, 2005 (Volume 70, Number 192)]
[Notices]
[Page 58247-58248]
[DOCID:fr05oc05-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52516; File No. SR-Amex-2005-078]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Granting Approval to a Proposed Rule Change and Amendment No. 1 Thereto
To Temporarily Suspend Specialist Transaction Charges for the Nasdaq-
100 Index Tracking Stock[supreg] (QQQQ)

September 27, 2005.
    On July 15, 2005, the American Stock Exchange LLC (``Amex'') filed
with the

Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend its
Participant Fee Schedule to suspend specialist transaction charges for
the trading of Nasdaq-100 Index Tracking Stock[supreg] (``QQQQ''),
retroactively from July 1, 2005 through July 17, 2005. On August 12,
2005, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The proposed rule change, as amended, was published for
comment in the Federal Register on August 23, 2005.\4\ The Commission
received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Amex made minor technical changes to the
proposed rule text and provided further discussion on how the
proposal is consistent with the requirement under Section 6(b)(4) of
the Act to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other
persons using its facilities. See 15 U.S.C. 78f(b)(4).
    \4\ See Securities Exchange Act Release No. 52273 (August 16,
2005), 70 FR 49339.
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    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\5\
In particular, the Commission believes that the proposal is consistent
with Section 6(b)(4) of the Act \6\ in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members.
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    \5\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(4).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (File No. SR-Amex-2005-078), as
amended, be, and it hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-5454 Filed 10-4-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82488-82489]
[FR Doc No: 2020-27963]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1072]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Application for
Participation in Food and Drug Administration Fellowship and
Traineeship Programs

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by January 19, 2021.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0780. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Application for Participation in FDA Fellowship and Traineeship
Programs

OMB Control Number 0910-0780--Revision

    Sections 1104, 1302, 3301, 3304, 3320, 3361, 3393, and 3394 of
Title 5 of the United States Code authorize Federal Agencies to rate
applicants for Federal jobs. The proposed information collection
involves brief online applications completed by applicants applying to
FDA's Fellowship and Traineeship programs. These voluntary online
applications will allow the Agency to easily and efficiently elicit and
review information from students and healthcare professionals who are
interested in becoming involved in FDA-wide activities. The process
will reduce the time and cost of submitting written documentation to
the Agency and lessen the likelihood of applications being misrouted
within the Agency mail system. It will assist the Agency in promoting
and protecting the public health by encouraging outside persons to
share their expertise with FDA.
    In the Federal Register of October 19, 2018 (83 FR 53065), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Although one comment was received, it was
not responsive to the four collection of information topics solicited
and therefore will not be discussed in this document.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Recordkeeping Burden1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Medical Device Fellowship                    250               1             250               1             250
 Program........................
FDA Traineeship Program.........           1,000               1           1,000               1           1,000
Reagan-Udall Fellowship at FDA..              50               1              50               1              50
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,300
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Because FDA is developing two new training programs, Trainee
Program and Reagan-Udall Fellowship, our estimated burden for the
information collection reflects an overall increase of 2 hours. FDA has
removed the Commissioner's Fellowship Program and Regulatory Science
Internship Program from this information collection as these programs
have been discontinued.
    FDA published a 30-day notice for this information collection on
February 3, 2020 (85 FR 5966). FDA is reopening the 30-day comment
period in order to satisfy PRA requirements. No changes have been made
to the information collection.

    Dated: December 14, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-27963 Filed 12-17-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Proposed Rules]
[Page 54069]
[DOCID:fr03se10-28]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0265]
RIN 1625--AA09

Drawbridge Operation Regulations; Curtis Creek, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking concerning the operation of the Pennington Avenue Bridge, at
mile 0.9, across Curtis Creek at Baltimore, MD. The requested change
would have allowed the bridge to operate from a remote location at the
City of Baltimore Transportation Management Center. The proposed rule
is being withdrawn because of the many concerned comments sent from the
primary waterway users that transit the bridge.

DATES: The notice of proposed rulemaking is withdrawn on September 3,
2010.

ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0265 in the ``Keyword'' box and then clicking
``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail Lindsey Middleton, Fifth Coast Guard District;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing material in the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2010, we published an NPRM entitled ``Drawbridge
Operation Regulation Curtis Creek, Baltimore, MD'' in the Federal
Register (75 FR 30747-30750). The rulemaking concerned eliminating the
need for a bridge tender by allowing the bridge to be operated from a
remote location at the City of Baltimore Transportation Management
Center. This proposed change would have maintained the bridge's current
operating schedule set forth in 33 CFR 117.5 that states: Drawbridges
shall open promptly and fully for the passage of vessels when a request
to open is given.

Withdrawal

    The City of Baltimore, the owner of the Pennington Avenue Bridge,
had requested a change in the operating procedures to allow the bridge
to be opened from a remote location at the City of Baltimore
Transportation Management Center.
    The Coast Guard received several comments opposing the proposed
rule change. We conducted a lengthy and thorough investigation that
included a site visit of the bridge and the Baltimore City
Transportation Management Center. We also conducted a meeting at the
Coast Guard Yard in Baltimore, MD with the primary waterway users that
transit the bridge, staff from the City of Baltimore's Transportation
division, and their contracted consulting company.
    Our investigation along with the majority of the comments revealed
that the rulemaking could impose critical service delays to the various
industries that rely on a timely bridge opening. This withdrawal is
based on the reason that this change would not improve the bridge usage
for roadway and waterway users.

    Authority: This action is taken under the authority of 33 U.S.C.
499; 33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    Dated: August 15, 2010,
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-22034 Filed 9-2-10; 8:45 am]
BILLING CODE 9110-04-P


48902 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices Weekly receipt of Environmental Impact Statements Filed August 4, 2003 Through August 8, 2003 Pursuant to 40 CFR 1506.9. EIS No. 030365, Final EIS, NPS, PA, Living With The River: Schuylkill River Valley National Area Management Plan, Implementation, Schuylkill, Chester, Philadelphia, Belks, and Montgomery Counties, PA, Wait Period Ends: September 8, 2003, Contact: Peter Samuel ( 215) 597   1848. The above NPS EIS should have appeared in the 8/ 8/ 2003 Federal Register. The 30 day Wait Period is Calculated from 8/ 8/ 2003. EIS No. 030366, Final EIS, NPS, NC, Carl Sandburg Home National Historic Site, General Management Plan, Implementation, Located in the Village of Flat Rock, Henderson County, NC, Wait Period Ends: September 15, 2003, Contact: Connie Hudson Bucklund ( 828) 693   4179. EIS No. 030367, Draft EIS, IBR, CA, Freeport Regional Water Project, To Construct and Operate a Water Supply Project to Meet Regional Water Supply Needs, Sacramento County Water Agency ( SCWA) and the East Bay Municipal Utility District ( EBMUD), Alameda, Contra Costa, San Joaquin, Sacramento Counties, CA, Comment Period Ends: September 29, 2003, Contact: Rod Schroeder ( 916) 989   7274. EIS No. 030368, Draft EIS, NPS, AZ, Coronado National Memorial General Management Plan, Implementation, Cochise County, AZ, Comment Period Ends: October 14, 2003, Contact: John Paige ( 303) 969   2356. EIS No. 230369, Draft EIS, BLM, OR, Timbered Rock Fire Salvage and Elk Creek Watershed Restoration Project, Implementation, Northwest Forest Plan, Butte Falls Resource Area, Medford District, Douglas, Jackson and Josephine Counties, OR, Comment Period Ends: October 14, 2003, Contact: Jean Williams ( 541) 944   6620. This document is available on the Internet at: http:// www. or. blm. gov/ Medford/ TimbrockEIS. EIS No. 030370, Draft EIS, BLM, OR, Upper Siuslaw Late Successional Reserve Restoration Plan, To Protect and Enhance Late Successional and Old Growth Forest Ecosystems, Eugene District Resource Management Plan, Northwest Forest Plan, Coast Range Mountains, Lane and Douglas Counties, OR, Comment Period Ends: October 15, 2003, Contact: Rick Colvin ( 541) 683   6600. EIS No. 030371, Final EIS, FRC, CA, El Dorado Hydroelectric Project, Application for a New License, South Fork of the American River Basin and Truckee River Basin ( FERC NO. 184   065), El Dorado National Forest, Lake Tahoe Basin Management Unit, Alpine, Amador and El Dorado Counties, CA, Wait Period Ends: September 15, 2003, Contact: Susan O'Brien ( 202) 502   8449. This document is available on the Internet at: http:// www. ferc. gov. EIS No. 030372, Draft Supplement, COE, WV, Lower Mud River at Milton Project, Updated Information on the Milton Local Protection Project, Proposed Flood Damage Reduction Measure, City of Milton, Cabell County, WV, Comment Period Ends: September 29, 2003, Contact: S. Michael Worley ( 304) 529   5636. EIS No. 030373, Final Supplement, AFS, CA, Herger Feinstein Quincy Library Group Forest Act Pilot Project, Proposal to Analyze Options for Maintaining Defensible Fuel Profile Zones ( DFPZs), Lassen, Plumas and Tahoe National Forests, Shasta, Lassen, Tehama, Yuba, Plumas and Battle Counties, CA, Wait Period Ends: September 15, 2003, Contact: Linda Kanski ( 530) 283   7821. EIS No. 030374, Draft EIS, AFS, CA, South Tahoe Public Utility District ( STPUD) B Line Phase III Wastewater Export Pipeline Replacement Project, Luther Pass Pump Station to U. S. Forest Service Luther Pass Overflow Campground Access Road, Special Use Permit, U. S. Army COE Section 404 and US Fish and Wildlife Service Permits Issuance and EPA Grant, El Dorado and Alpine Counties, CA, Comment Period Ends: September 29, 2003, Contact: Gary Weigel ( 530) 543   2665. EIS No. 030375, Final EIS, TVA, TN, NC, VA, Adoption   Patriot Project, Construction and Operation of Mainline Expansion and Patriot Extension in order to Transport 510,000 dekatherms per day ( dth/ day) of Natural Gas, TN, VA and NC, Contact: Harold M. Draper ( 865) 632   6889. Tennessee Valley Authority's has adopted the Federal Regulatory Commission's Final EIS, # 020401 filed 09   20   2002. TVA was a Cooperating Agency for the above final EIS. Recirculation of the document is not necessary under Section 1506.3( c) of the Council on Environmental Quality Regulations. Dated: August 12, 2003. Joseph C. Montgomery, Director, NEPA Compliance Division, Office of Federal Activities. [ FR Doc. 03   20902 Filed 8   14   03; 8: 45 am]

BILLING CODE 6560   50   U ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0033; FRL   7315   3]

Solicitation of Applications for Lead Based Paint Program Grants; Notice of Availability of Funds AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces EPA's intent to enter into cooperative agreements with States, Territories, Indian Tribes, Intertribal Consortia, and the District of Columbia to provide financial assistance for purposes of developing and carrying out EPAauthorized lead based paint programs. These programs and this financial assistance are authorized by section 404 of the Toxic Substances Control Act ( TSCA). In order for Indian Tribes and Intertribal Consortia to be eligible for financial assistance under this program, the Indian Tribes must demonstrate that they meet the criteria for treatment as a State. The total amount of fiscal year ( FY) 2003 funding to be awarded to States, Territories, Indian Tribes, Intertribal Consortia, and the District of Columbia for development and implementation of EPA authorized leadbased paint programs, and for EPA's direct implementation of such programs for those States, Territories, the District of Columbia, and Indian Tribes that do not have EPA authorized programs is $ 12.5 million. For FY2003, the Agency is allocating up to $ 1.0 million of these funds for the Indian Tribes and Intertribal Consortia. DATES: Applications submitted by States, Territories, and the District of Columbia for financial assistance, identified by docket ID number OPPT   2003   0033, must be received by EPA Regional staff on or before September 15, 2003. Applications submitted by Indian Tribes and Intertribal Consortia for financial assistance, identified by docket ID number OPPT   2003   0033, must be received by EPA Regional staff on or before September 29, 2003. ADDRESSES: Applications may be submitted by mail, or in some instances electronically. Please follow the detailed instructions provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 RECEIVED OPPT NCIC 2003 August 15 7: 50AM OPPT 2003 0033 0001 48903 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices proper receipt by EPA, it is imperative that you identify docket ID number OPPT   2003   0033 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: Barbara Cunningham, Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov. For technical information contact: The appropriate Regional Lead Coordinator listed in Unit I. C. of the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does This Action Apply to Me?

This action is directed to States, Territories, eligible Indian Tribes, and Intertribal Consortia, and the District of Columbia to develop and carry out authorized lead based paint programs under TSCA section 404. In order for Indian Tribes and Intertribal Consortia to be eligible for financial assistance under this program, the Tribes or Intertribal Consortia must demonstrate that they meet the criteria at 40 CFR 35.693 for treatment as a State. In order for Intertribal Consortia to be eligible for financial assistance under TSCA section 404( g) they must also meet the requirements at 40 CFR 35.504. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of This Document or Other Related Documents?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0033. The official public docket consists of the documents specifically referenced in this action. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102   Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. You may also access this document on the Home Page for the Office of Pollution Prevention and Toxics at http:// www. epa. gov/ lead. Select `` What's New.'' Hard copies of this document are available from the appropriate Regional Primary Lead person listed in Unit I. C. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. How and to Whom Do I Submit an Application? You may submit an application through the mail, or in some instances electronically, to the Regional Lead Coordinator in the appropriate EPA Regional Office. The mailing addresses and contact telephone numbers for these offices are listed below. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPPT   2003   0033 in the subject line on the first page of your response. Region I: ( Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont), Regional Contact  James Bryson, USEPA Region I, One Congress St., Suite 1100 ( CPT), Boston, MA 02114   0203; telephone number: ( 617) 918   1524; e mail address: bryson. jamesm@ epa. gov. Region II: ( New Jersey, New York, Puerto Rico, and the Virgin Islands), Regional Contact Lou Bevilacqua, USEPA Region II, MS 225, 2890 Woodbridge Ave., Edison, NJ 08837; telephone number: ( 732) 321   6671; email address: bevilacqua. lou@ epa. gov. Region III: ( Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia), Regional Contact Demian Ellis, USEPA Region III, ( 3WC33), 1650 Arch Street, Philadelphia, PA 19103   2029; telephone number: ( 215) 814   3114; email address: ellis. demian@ epa. gov. Region IV: ( Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee), Regional Contact Keith Bates, USEPA Region IV, 61 Forsyth Street, S. W., Atlanta, GA 30303; telephone number: ( 404) 562   8992; e mail address: bates. keith@ epa. gov. Region V: ( Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin), Regional Contact David Turpin, USEPA Region V ( DT 8J), 77 W. Jackson Blvd., Chicago, IL 60604; telephone number: ( 312) 886   7836; e mail address: turpin. david@ epa. gov. Region VI: ( Arkansas, Louisiana, New Mexico, Oklahoma, and Texas), Regional Contact Eva Steele, USEPA Region VI, 1445 Ross Ave., 12th Floor, Dallas, TX 75202; telephone number: ( 214) 665   7211; e mail address: steele. eva@ epa. gov. Region VII: ( Iowa, Kansas, Missouri, and Nebraska), Regional Contact Randall Whipple, USEPA Region VII, ARTD/ RALI, 901 North 5th, Kansas City, KS 66101; telephone number: ( 913) 551   7093; e mail address: whipple. randall@ epa. gov. Region VIII: ( Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming), Regional Contact David Combs, USEPA Region VIII, 999 18th St., Suite 300, Denver, CO 80202; telephone number: ( 303) 312   6021; email address: combs. dave@ epa. gov. Region IX: ( Arizona, California, Hawaii, Nevada, American Samoa, and Guam), Regional Contact Mary Aycock, USEPA Region IX, ( CMD 4 2), 75 Hawthorne St., San Francisco, CA 94105; telephone number: ( 415) 947   4169; e mail address: aycock. mary@ epa. gov. Region X: ( Alaska, Idaho, Oregon, and Washington), Regional Contact Barbara Ross, USEPA Region X, Solid Waste and Toxics Unit ( WCM   128), 1200 Sixth Ave., Seattle, WA 98101; telephone number: ( 206) 553   1985; e mail address: ross. barbara@ epa. gov.

D. What Should I Consider as I Prepare My Application for EPA? 1. Purpose and scope. EPA awards non matching cooperative agreements under TSCA section 404( g) to States, Territories, eligible Indian Tribes and Intertribal Consortia, and the District of Columbia to develop and carry out authorized lead based paint programs. The term `` Territory'' includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other Territory or possession of the United States. Also, hereinafter, the term `` States'' includes the `` District of Columbia.'' In the past, recipients of the grants have used the funds to assist in program development and prepare for VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48904 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices program authorization. EPA intends to continue to support the development and authorization of these programs as well as implementation of authorized programs as budget constraints allow. This Notice has been developed based on the knowledge that some States, Tribes, and Territories have received authorization and that several States and Indian Tribes are continuing to develop their programs. This Notice addresses the criteria EPA will consider when evaluating the grant proposals submitted to the Agency. Under TSCA section 404, EPA authorizes States, Territories, and eligible Indian Tribes and Intertribal Consortia to administer lead based paint programs in lieu of the corresponding Federal program. These lead based paint programs are intended to reduce the incidence of childhood lead poisoning by ensuring that individuals conducting lead based paint activities are properly trained and certified and that renovation contractors provide lead hazard information to building owners and residents. EPA issued regulations to establish these lead based paint programs under the authority of TSCA sections 402 and 406. In 40 CFR part 745, subpart L, EPA promulgated regulations pursuant to TSCA section 402 that cover the training and certification of individuals engaged in lead based paint activities. In 40 CFR part 745, subpart E, EPA issued regulations pursuant to TSCA section 406. The regulation requires persons performing renovation in residential housing to provide a lead hazard information pamphlet to the owner and occupant of the housing prior to renovation. The procedures for authorizing States, Territories, and eligible Indian Tribes and Intertribal Consortia to implement these lead based paint programs are found at 40 CFR part 745, subpart Q. 2. Goal and objectives. Pursuant to Title IV of TSCA, EPA encourages States, Territories, Indian Tribes, and Intertribal Consortia to seek authorization of their own lead based paint programs. EPA's goal is to have authorized programs in all States and a large number of Territories, and on a large number of Indian Tribal lands. EPA therefore recommends that parties seek funding through the TSCA Title IV section 404( g) assistance program, which is being implemented to assist with development and implementation of lead based paint programs. Since 1994, EPA has been offering financial assistance under TSCA section 404( g) in the form of cooperative agreements without matching fund requirements. In the upcoming funding cycle, the Agency will continue to work with eligible applicants to develop cooperative agreements consistent with the objectives critical to the ultimate success of implementation of a national lead program, with the emphasis on State, Territorial, Indian Tribal, and Intertribal Consortium programs. Although EPA's goal is to have authorized programs in all States and a large number of Territories, and on a large number of Indian Tribal lands, the Agency and Congress anticipated that there would be a number of States, Territories, and Indian Tribes that would not seek program authorization. Consistent with authority granted in the Agency's FY 1998 Appropriation Act ( Ref. 1), and the provisions contained within, EPA is authorized to use section 404( g) funds to implement a Federal lead based paint program for nonauthorized States, Territories, and Indian Tribes. See 40 CFR 35.116 and 40 CFR 35.516. [ Note: Where the Agency has direct implementation responsibilities, EPA cannot provide financial assistance under this grant program to non authorized States, Indian Tribes, or Intertribal Consortia, or Territories to assist the Agency in implementing and enforcing a Federal program under TSCA section 404( h).] The cooperative agreements must be used to develop and implement authorized programs. States, Territories, Indian Tribes, and Intertribal Consortia that do not have authorized programs may receive cooperative agreement funding, but only for the continued development of lead based paint programs which will meet the requirements of TSCA Title IV. To receive continued funding, States, Territories, Indian Tribes, and Intertribal Consortia without an authorized program must be making progress toward an authorized program. Therefore, the Regional Offices, as part of their grant oversight responsibilities, will work with the grantees to determine the appropriate amount of continued funding based upon the amount of developmental work to be completed as the grantee makes progress toward authorization. Eligible parties may utilize this grant support in a way that complements and does not duplicate activities for which they already receive or could receive financial assistance from other Federal sources ( e. g., Center for Disease Control ( CDC) and U. S. Department of Housing and Urban Development ( HUD)). This section 404( g) Notice is one of two Notices that announce the availability of funds for Indian Tribes and Intertribal Consortia conducting various lead based paint activities. A separate Federal Register notice titled Educational Outreach and Baseline Assessment of Existing Exposure and Risks of Exposure to Lead Poisoning of Tribal American Children, also called Title X Tribal Lead Grant Program, will be published at a later date. As stated in this unit, Indian Tribes and Intertribal Consortium, as well as all grantees, will not be awarded grants to fund the same activities from more than one source. Although a Tribe may apply to receive grant funding from both Notices, they each have very distinct objectives. The grant program opportunities described in the other Notice may serve as precursors to, but not as equivalents or supplements to, the section 404( g) leadbased paint grant program described in this Notice. Grant funds will not be awarded to Tribes who apply for both grant programs during the same time. The section 404( g) lead based paint grant program, for which funding is provided in this Notice, involves infrastructure development for the anticipated implementation of a lead program and does not include activities ( testing for lead in blood, paint, dust, or soil samples, or general outreach and education activities) listed in the other Notice. Under TSCA, authorized lead based paint training and certification programs are required to collect fees to cover certain costs incurred by the program. These fees are considered `` program income,'' which is defined as `` gross income received by a grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period.'' See 40 CFR 31.25( b). It includes income from fees for services performed by the recipient. Program income generated by activities supported under TSCA section 404( g) grants may include fees that a State, Territory, Indian Tribe, or Intertribal Consortium charges for training, accreditation, certification, licensing or other services performed by the lead training and certification programs, as well as fees that are collected which provide for enforcement of standards and regulations. Consequently, States, Indian Tribes, Intertribal Consortia, and Territories must comply with the rules governing `` program income,'' found at 40 CFR 31.25, and use the funds generated by grant supported activities to assist with program operation costs. 3. Eligibility. States, Territories, Indian Tribes, and Intertribal Consortia are eligible to apply for financial assistance under this program if they are either implementing an EPA authorized lead based paint program pursuant to 40 CFR part 745, subpart Q or developing VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48905 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices a lead based paint program that may be authorized in the future. However, funds will be awarded based upon the progress made by the applicant in developing an acceptable program, including implementing regulations. Failure to make satisfactory progress toward program authorization will result in a State, Territory, Indian Tribe, or Intertribal Consortium not receiving funding. The EPA Regional Offices, as part of their grant oversight responsibilities, will have discretion with respect to determining whether sufficient progress is being made by a given State, Territory, Indian Tribe, and/ or Intertribal Consortium toward the development and implementation of a program under TSCA Title IV. States, Territories, eligible Indian Tribes and Intertribal Consortia may choose to combine section 404( g) grant funds with other environmental program grants as part of a performance partnership grant ( PPG) if the requirements in 40 CFR 35.130 through 35.138 ( which apply to States) and 40 CFR 35.530 through 35.538 ( which apply to Indian Tribes and Intertribal Consortia) are adhered to by the grantee. 4. Authority. The TSCA Title IV leadbased paint program is a cooperative agreement program administered by EPA under the authority of section 404( g) of TSCA. Regulations governing these cooperative agreements are found at 40 CFR part 31 ( Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). Regulations which supplement the EPA general assistance regulations found in 40 CFR part 31 are found at 40 CFR part 35, subpart A and subpart B. Contained within 40 CFR part 35 are specific sections which govern grants and cooperative agreements for the leadbased paint program under section 404( g); 40 CFR 35.270 through 35.273 ( applicable to States, Territories, and the District of Columbia), and 40 CFR 35.690 through 35.693 ( applicable to Indian Tribes and Intertribal Consortia). The EPA Regional Offices administer the section 404( g) cooperative agreements pursuant to a delegation of authority which permits the 10 EPA Regional Administrators to enter into cooperative agreements with eligible States, Territories, Indian Tribes, and Intertribal Consortia. 5. Activities to be funded. This Notice was developed by EPA's Office of Pollution Prevention and Toxics ( OPPT) in cooperation with the Agency's 10 Regional Offices, to describe in more detail the required elements of grant agreements funded under TSCA section 404( g), to describe the eligible activities that will be considered for funding, and to facilitate and support Regional administration of this program. EPA's list of eligible grant activities includes activities that are outlined as required elements of authorized lead based paint programs, including development of enabling legislation and regulations, enforcement components, as well as other items associated with performance reporting. The elements are specified in 40 CFR 745.325 through 745.327, and are repeated in this unit to assist with the development of applicant work plans. More recently, EPA promulgated its final TSCA section 403 lead hazard standards. The hazard standards were published on December 22, 2000, and can be found at 40 CFR part 745, subpart D. The final TSCA section 403 standards also amended the work practice standards for lead based paint activities found at 40 CFR 745.227. These amendments establish clearance standards for dust, limit reuse of abated soil, add a requirement for interpreting composite dust clearance samples, and change risk assessment and clearance sampling requirements to ensure compatibility between sampling results and the TSCA section 403 hazard standards and section 402 clearance standards. In order to maintain their authorization, authorized State, Territory, Indian Tribe, and Intertribal Consortium lead based paint activities programs must develop lead hazard and clearance standards that are as protective of human health and the environment as the Federal standards ( 40 CFR 745.324). TSCA section 404( g) funds can be utilized by authorized States, Territories, Indian Tribes, and Intertribal Consortia to develop and/ or adopt lead hazard standards and clearance standards for lead in soil, dust, and paint. Another potential regulatory change should be considered by applicants. Pursuant to TSCA section 402( c)( 3), EPA is developing a program that will integrate both regulatory and voluntary components, to the extent that each is feasible, to govern the conduct of renovation and remodeling activities that create lead based paint hazards. As with existing EPA lead based paint regulations, States, Territories, Indian Tribes, and Intertribal Consortia will be given the opportunity to seek program authorization. While it may be some time before this program is in place, States, Territories, Indian Tribes, and Intertribal Consortia are encouraged to begin considering the need for such a program in their jurisdiction. TSCA section 404( g) funds can be utilized to assist in the regulatory component of this program. In the interim, EPA has developed a model renovators training curriculum titled `` Minimizing Lead Based Paint Hazards During Renovation, Remodeling, and Repainting.'' EPA has made this course available, and is encouraging its use voluntarily until the renovation and remodeling rule is effective. The course is available on the internet at http:// www. epa. gov/ lead/ rrmodel. htm, and a limited number of printed copies are available from the National Lead Information Center at 1   800   424   LEAD. Although the list is not exhaustive, the following activities are eligible for funding under section 404( g) if they are conducted in support of developing and implementing lead based paint programs authorized pursuant to 40 CFR part 745, subpart Q. In addition, the Agency will consider for funding other activities which focus on the development and implementation of authorized programs, such as: a. Develop and/ or adopt lead hazard standards and clearance standards for lead in soil, dust, and paint. b. Develop and/ or enact enabling legislation. c. Adopt implementing regulations. d. Develop a system to document certification of inspectors, risk assessors, supervisors, workers and project designers. e. Adjust or enhance the appropriate infrastructure to accommodate additional program responsibilities. f. Maintain, improve and/ or develop the appropriate infrastructure to successfully administer and enforce a program to ensure that individuals engaged in lead based paint activities are properly trained, that training programs are accredited, and that contractors and firms engaged in such activities are certified. g. Maintain, improve and/ or develop the appropriate infrastructure to successfully administer and enforce a program to ensure that renovation contractors provide lead hazard information to building owners and residents. h. Oversee the conduct of certified contractors engaged in lead based paint activities to ensure that they are conducting their activities according to all applicable regulations, including monitoring inspection, risk assessment, and abatement activities per the authorized program. i. Oversee accredited training programs per the authorized program. j. Develop and/ or revise as needed, work practice standards for the conduct of lead based paint activities associated with inspections, risk assessments, and abatement.

VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48906 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices k. Monitor compliance with work practice standards or regulations for the conduct of abatement per the authorized program. l. Implement the timely training of enforcement inspectors. m. Implement lead based paint compliance assistance programs. n. Implement compliance and enforcement inspection sampling techniques. o. Adopt or develop specific leadbased paint hazard values or standards. p. Maintain, improve, and/ or develop specific procedures and supporting documentation to carry out the enforcement program as described in an authorized program. Typical activities could include development of administrative or civil action procedures and the associated warning letters, notices of noncompliance, or the equivalent. q. Maintain, improve, and/ or develop specific procedures and supporting documentation to carry out the tracking of tips and complaints as described in the authorized program. Typical activities could include development of methods of recording the receipt of complaints, referring lead based paint complaints to appropriate State or local agencies, tracking the follow up investigation, tracking any enforcement action associated with the complaint, and notifying citizens of the disposition of their complaints. r. Prepare a report per 40 CFR 745.327( d) and/ or 40 CFR part 31 grant reporting requirements on the applicant's program progress and performance. s. Develop and/ or revise as needed, the lead based paint programs, including regulations or procedures for decertification, suspension, revocation or modification of approvals and certificates. t. Develop and/ or revise as needed, requirements for the administration of a third party certification exam. u. Develop and/ or revise as needed, lead based paint programs' authority to enter, for purposes of inspection, and other relevant enforcement authorities. v. Develop and/ or revise as needed, enforcement remedies, procedures, etc. w. Maintain, improve and/ or develop techniques for targeting lead based paint activities' inspections. x. Improve the timeliness of the processing and follow up of inspection reports and other information generated through enforcement related activities associated with a lead based paint program. y. Enhance the capacity to improve compliance with Lead Program laws, and effectively develop and issue enforcement remedies/ responses to violations. z. Foster activities that would increase the efficiency of an applicant's program to ensure that individuals engaged in lead based paint activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. These activities could include initiatives to develop local capacity in low income and rural areas, to promote increased competition in the regulated community through agreements which permit entities recognized by an outside jurisdiction to operate in the grantees jurisdiction ( referred to as `` reciprocity''), and similar efforts. 6. Award and distribution of funds. EPA currently expects that up to $ 12.5 million of FY2003 appropriated funds will be available during the FY2003 funding cycle for financial assistance under TSCA section 404( g) for awards to States, Territories, Indian Tribes, and Intertribal Consortia for development and implementation of EPA authorized lead based paint programs, and for EPA's direct implementation of programs in States, Territories, and Indian Tribes that do not have EPA authorized programs. Additional TSCA section 404( g) carry over funds from previous years may also be available from some Regions. For FY2003 funding, the Agency is setting aside $ 1 million of the $ 12.5 million for eligible Indian Tribes and Intertribal Consortia. The remaining $ 11.5 million plus any available carry over dollars will be used to fund State, Territorial, and Federal lead based paint programs. a. Financial assistance to Indian Tribes and Intertribal Consortia. Each Indian Tribe and Intertribal Consortium that submits a qualifying proposal and is making sufficient progress toward the development and/ or implementation of an acceptable lead based paint program, as determined by the EPA Regional Offices, may receive base funding of $ 50,000. Though Indian Tribes and Intertribal Consortia may submit qualifying proposals, the award of funds will be based upon the applicant's progress in developing an acceptable program, including implementing regulations and seeking program authorization from EPA. Failure to make satisfactory progress toward program authorization may result in the Indian Tribe or Intertribal Consortium receiving reduced or no funding. The Regional Offices will have the discretion, as part of their grant oversight responsibilities, to determine if the progress being made toward program authorization is sufficient to warrant funding. Further distribution of the Indian Tribal and Intertribal Consortia set aside funds will be dependent upon the number of applicants, the progress that the grantee is making in developing a program, the status of expenditures of previously awarded funds, population, and the relative strength of the proposal. After the closing date for submittal of Indian Tribe and Intertribal Consortium applications specified in this Notice, EPA Headquarters and Regional Offices will consider each of the proposals, and make decisions about the level of funding to be awarded to each of the applicants. Following those decisions, EPA Headquarters will transfer the funds to the Regional Offices for award to the Tribes and Intertribal Consortia. Indian Tribal and Intertribal Consortia set aside funds are not included in the formula funds pool for States and Territories discussed in Unit I. D. 6. b. b. Financial assistance to States and Territories. The process used by EPA for determining award funding levels for States and Territories involves two steps. EPA Headquarters first determines, based on various factors discussed below, the funding level that will be made available to each of the EPA Regional Offices for grantee awards in the respective regions. Following distribution of the funds to the EPA Regional Offices, the Regional Offices then make decisions on the actual funding level to be received by each of the grantees. The Agency currently uses a threetiered system to implement step one: The process for deciding the amount of FY2003 cooperative agreement funds that will be distributed to the EPA Regional Offices. This system is designed to provide a base funding level for each qualified applicant and to provide funding for EPA Headquarters and Regional Offices to address direct program implementation responsibilities, while providing funds targeted to areas with the greatest potential lead burden. The system accomplishes this first by providing a discretionary funding set aside that is used to fund special needs among the grantees; second by providing a base funding set aside for every State and Territorial applicant; and third by providing funding based on a formula that considers the relative lead burden estimated to exist within a State or Territory. The discretionary funding set aside involves setting aside $ 200,000 of funds for each of the 10 EPA Regional Offices ( total $ 2.0 million) for discretionary funding of grantee activities as well as the Regional direct implementation activities. These funds are primarily VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48907 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices intended to provide each Region with the means of awarding funds to States and Territories based upon the progress that the grantee is making in developing a program, the overall quality of the program, and/ or identified needs. The EPA Regional Offices will also have the discretion to use these dollars to help support the Federal lead based paint programs in non authorized States, Territories, and Tribal lands within the Region. The base funding set aside provides a base level of funds for every State and Territorial applicant. Each State that submits a qualifying proposal and is making sufficient progress toward development and implementation of an authorized lead based paint program may receive a base funding allotment of $ 100,000. Each Territory that submits a qualifying proposal and is making sufficient progress toward implementation of an acceptable program may receive a $ 50,000 base. However, base level funding for nonauthorized States and Territories may be reduced by the Regional Offices depending on progress made toward the development and/ or implementation of acceptable programs. Funds are also set aside and are apportioned to EPA Regional and EPA Headquarters Offices based upon direct implementation funding needs. These funds are intended to ensure that EPA has adequate funds to directly implement the lead based paint program in nonauthorized States, Territories, and Indian Tribes. Once base and discretionary funding set asides are accounted for, the remaining State and Territorial funds are allocated through the third tier of the process, which involves allocating funds for every State and Territorial applicant based on a formula that considers the relative lead burden estimated to exist within States and Territories. States and Territories whose funding requests exceed their base allotments can be given additional funds (`` formula funds'') based upon their relative lead burden, and for this exercise, all 50 States, the District of Columbia, and the Territories are used to calculate the formula distribution. In calculating the lead burden for the formula rankings, EPA uses readily available data derived from the 2000 Census and the 2001 National Survey of Lead and Allergens in Housing prepared by the U. S. Department of Housing and Urban Development. The formula uses four factors to generate an estimate of the potential lead problem, or `` lead burden,'' in each State and Territory. Two of these factors, the number of housing units with lead based paint and the number of children under age 6, express the potential magnitude of the lead problem. The remaining two factors, the percentage of young children in poverty and the number of low income housing units with leadbased paint, express the potential severity of the problem. In determining formula rankings, each State and Territory is scored independently for each factor, and the four individual factor scores for each of the States and Territories are then summed to obtain an overall score for that applicant ( a combined factor score). The combined factor scores of all States and Territories applying for formula funds are then summed, and the percentage of the total sum represented by the individual State's or Territory's score is then identified. The applicant's formula allotment is determined by multiplying the total formula funding by the percentage scores of the individual State or Territory. After funding levels ( base, discretionary, and formula set asides) are determined for each State and Territory, the funds will be pooled for each Region and transferred in bulk to the respective Regional accounts. Following distribution of the funds to the Regional Office accounts, then the second step in the distribution process occurs; Regional Offices determining the actual funding level to be received by each of the grantees. Funding levels per grantee will be determined by the Regional Offices based on the application submitted and may be decreased or increased based on performance and/ or by fiscal need, which may include an evaluation of the progress that the grantee is making in developing a program, an evaluation of the performance of the grantee in implementing a program, an evaluation of expenditures of previously awarded funds, and/ or an evaluation of future funding needs. 7. Submission requirements. Applicants are directed to 40 CFR part 35, subpart A and subpart B for details on the submission requirements for grant applications. To be considered for funding, each application must include the following components listed in 40 CFR part 35.104 ( applicable to States and Territories) or 40 CFR part 35.505 ( applicable to Indian Tribes and Intertribal Consortia): i. Meet the requirements in 40 CFR part 31, subpart B. ii. Include a proposed work plan that meets the requirements in 40 CFR 35.107 ( for States and Territories) or 40 CFR 35.507 ( for Indian Tribes or Intertribal Consortia). iii. Specify the environmental program and the amount of funds requested. For TSCA Title IV section 404( g) funding for Indian Tribes, EPA is soliciting pre application grant proposals prior to the submittal of the forms and certifications listed in this unit. This pre application procedure entails the applicants initially submitting only a work plan and a budget. The Agency will use the applicants' work plans and budgets to select programs to be funded under this grant program. After EPA conducts a review of all submitted pre applications, successful applicants will be contacted and requested to submit the other required documents listed in this unit, such as the `` Application for Federal Assistance'' form ( Standard Form 424 or SF424), and the `` Budget Information: Non Construction Programs'' form ( SF424A). In addition, as part of the preapplication Indian Tribes and/ or Intertribal Consortia must include all appropriate information to demonstrate that they meet the criteria at 40 CFR 35.693 for treatment as a State. In order for Intertribal Consortia to be eligible for financial assistance under section 404( g), they must include all appropriate information to demonstrate that they meet the requirements at 40 CFR 35.504 concerning eligibility. The following forms and certifications, which are contained in EPA's `` Application Kit for Assistance,'' must be included in all applications: a. Standard Form 424 ( Application for Federal Assistance). b. Standard Form 424A ( Budget Information: Non Construction Programs). c. Standard Form 424B ( Assurances: Non Construction Programs). d. Standard Form LLL ( Disclosure of Lobbying Activities). e. Certification Regarding Debarment and Suspension. f. EPA Form 4700   4 ( Compliance Review Report Form). g. Quality Assurance Statement. Application Kits for Assistance are available from any of EPA's 10 Regional Offices. The following regulations may also be helpful to the applicants as they prepare their financial assistance applications: 40 CFR part 7 ( Nondiscrimination in Programs Receiving Federal Assistance from the EPA); 40 CFR part 12 ( Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the EPA); 40 CFR part 32 ( Government Wide Debarment and Suspension and Government Wide Requirements for Drug Free Workplace); and 40 CFR part 29 ( Intergovernmental VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48908 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices Review of EPA Programs and Activities). Where a single State or Territorial agency has been designated as responsible for coordinating lead activities, EPA encourages that agency to apply for funding under TSCA section 404( g). Coordination of Federally funded lead activities by a single agency is viewed as conducive to achieving integration of lead activities. Early consultations are recommended between prospective applicants and their EPA Regional Offices. Because TSCA grants will be administered at the Regional level, these consultations can be critical to the success of a project or program, and can also contribute substantially to efficient program operations. As part of the work plan, EPA Regional Offices may ask for additional information that will be useful in evaluating the program such as the status of enabling legislation, a detailed line item budget with sufficient information to clearly justify costs, a list of work products or deliverables, a schedule for their completion and application for program authorization under TSCA, and a description of any financial assistance received from other Federal sources concerning the lead program. Applicants must also include all appropriate information on program income in accordance with 40 CFR 31.25. Work plans are to be negotiated between applicants and their Regional Offices to ensure that both EPA and State, Territorial, or Tribal priorities are addressed. Any application from a State, Territory, Indian Tribe, or Intertribal Consortium that is not making sufficient progress toward implementation of an acceptable program will not be funded. Also, any applicant proposing the collection of environmental or health related measurements or data generation must adequately address the requirements of 40 CFR 31.45 relating to quality assurance/ quality control. EPA issued final guidance that provides details about EPA's requirements for the preparation of `` quality management plans.'' The finalized document is titled `` EPA Requirements for Quality Management Plans'' ( EPA QA/ R   2, March 2001), and is available from each Regional Office. 8. Application procedures. Applications must be submitted to the appropriate EPA Regional Office in duplicate; one copy to the Regional lead program branch and the other to the Regional grants management branch. In the case of electronic applications, if allowed by a particular EPA Regional Office, the applicant should follow the procedures required by the Regional Office for submission of electronic applications. After the formula funding calculations are determined and the funds are transferred to the appropriate EPA Regional account, the Regional Office lead contact person will contact the applicant and discuss the final award allotment. EPA Regional Offices may request the applicant to modify its proposed work plan and cooperative agreement based upon the final cooperative agreement allotment. For Tribal applicants, final negotiations for the award of the grants, including the completion of a final work plan and budget, will be completed after the determination of successful applicants. 9. Reporting. Pursuant to 40 CFR 31.40, grantees shall, at a minimum, submit annual performance reports to the appropriate EPA Regional Office. These requirements were approved by the Office of Management and Budget ( OMB) under OMB Control Number 2030   0020 ( General Administrative Requirement for Assistance Programs). The individual Regional Offices may require that these reports be submitted on a quarterly or semiannual basis, but not more frequently than quarterly. The specific information contained within the report will include, at a minimum, a comparison of actual accomplishments to the objectives established for the period. Regional Offices may ask for the inclusion of specific data ( e. g., providing to EPA specific address information associated with the abatement notifications that are received by the grantee) as part of the annual performance report from the grantees which may be useful for Agency reporting under the Government Performance and Results Act. It is assumed that any data that is requested to be submitted by the grantee will already have been collected pursuant to the grantee's work plan.

II. What Action is the Agency Taking? EPA is soliciting applications from States, Territories, Indian Tribes, Intertribal Consortia, and the District of Columbia for financial assistance for purposes of developing and carrying out EPA authorized lead based paint programs. Approximately $ 12.5 million is available to fund cooperative agreements with States, Indian Tribes, Intertribal Consortia, Territories, and the District of Columbia for development and implementation of EPA authorized lead based paint programs.

III. Statutory Authority and Regulations EPA is authorized under TSCA section 404( g) to make grants to develop and carry out authorized lead based paint programs. Regulations governing these cooperative agreements are found at 40 CFR part 31 and part 35.

IV. Submission to Congress and the Comptroller General Grant solicitations such as this are considered rules for the purpose of the Congressional Review Act ( CRA). The CRA, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), generally provides that, before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. 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 rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

V. Reference 1. Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, Public Law 105   65, 111 Stat. 1374.

List of Subjects Environmental protection, Grants, Lead, Training and accreditation.

Dated: August 8, 2003. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances.

[ FR Doc. 03   20898 Filed 8   14   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0274; FRL   7322   9]

Glufosinate Ammonium; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0274, must be VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1


[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32704-32708]
[FR Doc No: 2013-12913]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0019]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 24 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 1, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0019 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 Federal Docket Management System (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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

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

SUPPLEMENTARY INFORMATION:

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.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 24 individuals listed
in this notice have recently requested such an

exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which
applies to drivers of CMVs in interstate commerce. Accordingly, the
Agency will evaluate the qualifications of each applicant to determine
whether granting the exemption will achieve the required level of
safety mandated by the statutes.

Qualifications of Applicants

Herlen D. Barner

    Mr. Barner, 55, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Barner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Barner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL license from Tennessee.

Paul D. Blakeslee

    Mr. Blakeslee, 42, has had ITDM since 1977. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Blakeslee understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blakeslee meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Alaska.

James W. Bledsoe

    Mr. Bledsoe, 56, has had ITDM since 1990. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bledsoe understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bledsoe meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Alabama.

Bryant M. Bosler

    Mr. Bosler, 25, has had ITDM since 2004. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bosler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bosler meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class C operator's license from Illinois.

Daniel L. Bosley

    Mr. Bosley, 39, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bosley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bosley meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Kentucky.

Richard J. Buckman

    Mr. Buckman, 59, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Buckman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Buckman meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Massachusetts.

Fred S. Carpenter

    Mr. Carpenter, 58, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Carpenter understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carpenter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New Jersey.

Verland G. Casper

    Mr. Casper, 45, has had ITDM since 1991. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Casper understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Casper meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Wisconsin.

Kyle P. Cerra

    Mr. Cerra, 26, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the

past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Cerra understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Cerra meets the vision requirements of 49 CFR
391.41(b)(10). His optometrist examined him in 2013 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

David M. Galler

    Mr. Galler, 64, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Galler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Galler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Raymond K. Harper

    Mr. Harper, 56, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harper understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harper meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Kansas.

Shane B. Henninger

    Mr. Henninger, 49, has had ITDM since 1975. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Henninger understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Henninger meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he has stable proliferative
diabetic retinopathy. He holds a Class B CDL from Iowa.

Ronald A. Hersch

    Mr. Hersch, 63, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hersch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hersch meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from New Jersey.

Lucius L. Holmes, Jr.

    Mr. Holmes, 73, has had ITDM since 2008. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Holmes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holmes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class B CDL from
Virginia.

Jeffrey S. Hubbell

    Mr. Hubbell, 49, has had ITDM since 2000. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hubbell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hubbell meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Pennsylvania.

Jason L. Jarman

    Mr. Jarman, 25, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jarman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jarman meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from Oklahoma.

Kevin T. Johnson

    Mr. Johnson, 51, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL license from South Dakota.

Randall L. Krider

    Mr. Krider, 58, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Krider understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Krider meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2013 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL
license from Indiana.

Jose R. Monroy

    Mr. Monroy, 62, has had ITDM since 2010. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Monroy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Monroy meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Illinois.

Eric J. Mullins

    Mr. Mullins, 37, has had ITDM since 2004. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mullins understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mullins meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Virginia.

William S. Panoch

    Mr. Panoch, 47, has had ITDM since 2002. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Panoch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Panoch meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Wisconsin.

James E. Smith

    Mr. Smith, 21, has had ITDM since 2005. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Tennessee.

Kevin R. Treichel

    Mr. Treichel, 38, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Treichel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Treichel meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Iowa.

Thomas R. Yecker

    Mr. Yecker, 41, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Yecker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Yecker meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Pennsylvania.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441) \1\. The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 USC. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and

medical requirements that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: May 22, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-12913 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-EX-P