[Federal Register: December 8, 2006 (Volume 71, Number 236)]
[Notices]
[Page 71160-71161]
[DOCID:fr08de06-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12470-001]

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene and Protests

November 30, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 12470-001.
    c. Date Filed: July 26, 2006.
    d. Applicant: City of Broken Bow, Oklahoma.
    e. Name of Project: Broken Bow Re-Regulation Dam Hydropower
Project.
    f. Location: On the Mountain Fork River in McCurtain County,
Oklahoma. The project would be located at the United States Army Corps
of Engineers' (Corps) Broken Bow Re-Regulation Dam and would occupy
lands administered by the Corps.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. Sec. Sec.  791
(a)-825(r).
    h. Applicant Contact: Olen Hill, City Manager, City of Broken Bow,
Oklahoma, 210 North Broadway, Broken Bow, Oklahoma 74728; (405) 584-
2282.
    i. FERC Contact: Peter Leitzke at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
    j. Deadline for filing motions to intervene and protests: February
5, 2007.
    All documents (original and eight copies) should be filed with:
Magalie R.

Salas, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    Motions to intervene and protests may be filed electronically via
the Internet in lieu of paper. The Commission strongly encourages
electronic filing. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. Description of Project: The proposed run-of-river project, using
the Corps' existing Broken Bow Re-Regulation Dam and Reservoir, would
consist of: (1) Three 93.5-foot-long penstocks connecting to; (2) a
112-foot-wide by 129-foot-long powerhouse containing three turbine-
generator units and having a total installed capacity of 4 megawatts;
(3) a tailrace returning flows to the Mountain Fork River; (4) a 1,600-
foot-long, 13.8-kilovolt transmission line or a 3.5-mile-long, 13.8
kilovolt transmission line; and (5) appurtenant facilities. The project
would have an average annual generation of 17,450 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number, excluding the last three digits in the
docket number field (P-12470), to access the document. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available
for inspection and reproduction at the address in item (h) above.
    You may also register online at http://www.ferc.gov/esubscribenow.htm
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified deadline date
for the particular application, a competing development application, or
a notice of intent to file such an application. Submission of a timely
notice of intent allows an interested person to file a competing
development application no later than 120 days after the specified
deadline date for the particular application. Applications for
preliminary permits will not be accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit, if such an application may
be filed, either a preliminary permit application or a development
application (specify which type of application). A notice of intent
must be served on the applicant(s) named in this public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests filed, but only those
who file a motion to intervene in accordance with the Commission's
Rules may become a party to the proceeding. Any protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must: (1) Bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.
    o. Procedural schedule: The application will be processed according
to the following revised Hydro Licensing Schedule. Revisions to the
schedule will be made if the Commission determines it necessary to do
so:

------------------------------------------------------------------------
                 Action                           Tentative date
------------------------------------------------------------------------
Issue Scoping Document for comments.....  January 2007.
Notice that application is ready for      April 2007.
 environmental analysis.
Notice of the availability of the draft   October 2007.
 EA.
Notice of the availability of the final   April 2008.
 EA (if necessary).
------------------------------------------------------------------------

Magalie R. Salas,
Secretary.
[FR Doc. E6-20807 Filed 12-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Rules and Regulations]
[Pages 6213-6216]
[FR Doc No: 2013-02011]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0456; FRL-9367-2]

Styrene-2-Ethylhexyl Acrylate Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid, 2-ethylhexyl ester,
polymer with ethenylbenzene; also known as styrene-2-ethylhexyl
acrylate copolymer when used as an inert ingredient in a pesticide
chemical formulation. H. B. Fuller Company submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of 2-propenoic acid, 2-Ethylhexyl Ester, Polymer with
Ethenylbenzene on food or feed commodities.

DATES: This regulation is effective January 30, 2013. Objections and
requests for hearings must be received on or before April 1, 2013, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0456, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Mark Dow, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW. Washington, DC 20460-0001; telephone number:
(703) 305-5533; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0456 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 1, 2013. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0456, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of August 22, 2012 (77 FR 50661) (FRL-9358-
9), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the receipt of a pesticide petition (PP 2E8033) filed
by H.B. Fuller Company (1200 Willow Lake Boulevard, St. Paul, MN 55110-
5101). The petition requested that 40 CFR 180.960 be amended by
establishing an exemption

from the requirement of a tolerance for residues of 2-propenoic acid,
2-ethylhexyl ester, polymer with ethenylbenzene; CAS No. 25153-46-2.
That document included a summary of the petition prepared by the
petitioner and solicited comments on the petitioner's request. The
Agency did not receive any comments. Section 408(c)(2)(A)(i) of FFDCA
allows EPA to establish an exemption from the requirement for a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the exemption is ``safe.'' Section
408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and use in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing an exemption from the requirement of a
tolerance and to ``ensure that there is a reasonable certainty that no
harm will result to infants and children from aggregate exposure to the
pesticide chemical residue. * * *'' and specifies factors EPA is to
consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Styrene-2-ethylhexyl acrylate copolymer
conforms to the definition of a polymer given in 40 CFR 723.250(b) and
meets the following criteria that are used to identify low-risk
polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    7. The polymer's number average MW of 14,000 daltons is greater
than or equal to 10,000 daltons. The polymer contains less than 2%
oligomeric material below MW 500 and less than 5% oligomeric material
below MW 1,000.
    Thus, styrene-2-ethylhexyl acrylate copolymer meets the criteria
for a polymer to be considered low risk under 40 CFR 723.250. Based on
its conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to styrene-2-
ethylhexyl acrylate copolymer.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that styrene-2-ethylhexyl acrylate copolymer
could be present in all raw and processed agricultural commodities and
drinking water, and that non-occupational non-dietary exposure was
possible. The number average MW of styrene-2-ethylhexyl acrylate
copolymer is 14,000 daltons. Generally, a polymer of this size would be
poorly absorbed through the intact gastrointestinal tract or through
intact human skin. Since styrene-2-ethylhexyl acrylate copolymer
conforms to the criteria that identify a low-risk polymer, there are no
concerns for risks associated with any potential exposure scenarios
that are reasonably foreseeable. The Agency has determined that a
tolerance is not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found styrene-2-ethylhexyl acrylate copolymer to share
a common mechanism of toxicity with any other substances, and styrene-
2-ethylhexyl acrylate copolymer does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that styrene-2-ethylhexyl
acrylate copolymer does not have a common mechanism of toxicity with
other substances. For information regarding EPA's efforts to determine
which chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at  http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of styrene-2-ethylhexyl
acrylate

copolymer, EPA has not used a safety factor analysis to assess the
risk. For the same reasons the additional tenfold safety factor is
unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of styrene-2-ethylhexyl acrylate
copolymer.

VIII. Other Considerations

A. Existing Exemptions From a Tolerance

    There are no existing exemptions from the requirements of a
tolerance.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for styrene-2-ethylhexyl
acrylate copolymer.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of styrene-2-
ethylhexyl acrylate copolymer from the requirement of a tolerance will
be safe.

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these rules from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this final rule has been exempted
from review under Executive Order 12866, this final rule is not subject
to Executive Order 13211, entitled ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272
note).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes, or otherwise have any unique
impacts on local governments. Thus, the Agency has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999) and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000) do not apply to this final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
    Although this action does not require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994), EPA seeks to achieve
environmental justice, the fair treatment and meaningful involvement of
any group, including minority and/or low-income populations, in the
development, implementation, and enforcement of environmental laws,
regulations, and policies. As such, to the extent that information is
publicly available or was submitted in comments to EPA, the Agency
considered whether groups or segments of the population, as a result of
their location, cultural practices, or other factors, may have atypical
or disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticide discussed in this
document, compared to the general population.

XI. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: January 23, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.960, the table is amended by adding alphabetically the
following polymer to read as follows:

Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                          Polymer                              CAS No.
------------------------------------------------------------------------

                                * * * * *
2-Propenoic acid, 2-ethylhexyl ester, polymer with            25153-46-2
 ethenylbenzene 14,000 daltons.............................

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

[FR Doc. 2013-02011 Filed 1-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Pages 19171-19173]
[FR Doc No: 2022-06862]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-
2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-2013-0126; FMCSA-
2015-0325; FMCSA-2015-0327; FMCSA-2016-0003; FMCSA-2017-0057; FMCSA-
2017-0059; FMCSA-2019-0111]

Qualification of Drivers; Exemption Applications; Hearing

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 31
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before May 2, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0332, Docket No. FMCSA-
2013-0121, Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-0123,
Docket No. FMCSA-2013-0124, Docket No. FMCSA-2013-0125, Docket No.
FMCSA-2013-0126, Docket No. FMCSA-2015-0325, Docket No. FMCSA-2015-
0327, Docket No. FMCSA-2016-0003, Docket No. FMCSA-2017-0057, Docket
No. FMCSA-2017-0059, or Docket No. FMCSA-2019-0111 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2012-0332, FMCSA-2013-0121, FMCSA-2013-
0122, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2013-
0126, FMCSA-2015-0325, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-
0057, FMCSA-2017-0059, or FMCSA-2019-0111 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
     Mail: Dockets Operations; 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 20590-0001, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0332, Docket No. FMCSA-2013-0121, Docket
No. FMCSA-2013-0122, Docket No. FMCSA-2013-0123, Docket No. FMCSA-2013-
0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2013-0126, Docket
No. FMCSA-2015-0325, Docket No. FMCSA-2015-0327, Docket No. FMCSA-2016-
0003, Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-0059, or Docket
No. FMCSA-2019-0111), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2012-0332, FMCSA-2013-0121, FMCSA-2013-0122,
FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2013-0126,
FMCSA-2015-0325, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057,
FMCSA-2017-0059, or FMCSA-2019-0111 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2012-0332, FMCSA-2013-0121, FMCSA-2013-0122, FMCSA-2013-
0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-
0325, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-
0059, or FMCSA-2019-0111 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted

(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 31 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 31
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 31 drivers in this notice
remain in good standing with the Agency. In addition, for commercial
driver's license (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below.
    As of April 2, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 23 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Kathleen Abenchuchan (IA)
Marion Bennett (MD)
Roger Boge (IA)
Johnny Brewer (OH)
Arthur Brown (FL)
Michael Bunjer (MD)
Stephen Daniels (KS)
Keith Drown (ID)
Jerry Ferguson (TX)
Edison Garcia (MD)
James Gooch (MO)
Daniel Harnish (OR)
Jada Hart (IA)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Joseph Piros (CA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
Samuel Sherman (MN)
Johnny Wu (DE)

    The drivers were included in docket number FMCSA-2013-0122, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-0325, FMCSA-
2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0059, or FMCSA-
2019-0111. Their exemptions were applicable as of April 2, 2022 and
will expire on April 2, 2024.
    As of April 21, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Andrew Alcozer (IL)
Jacob Paullin (WI)
Ryan Pope (CA)
Russell Smith, (OH)

    The drivers were included in docket number FMCSA-2013-0121, FMCSA-
2013-0122, or FMCSA-2013-0123. Their exemptions are applicable as of
April 21, 2022 and will expire on April 21, 2024.
    As of April 23, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Donald Lynch (AR)
Zachary Rietz (TX)

    The drivers were included in docket number FMCSA-2012-0332. Their
exemptions are applicable as of April 23, 2022 and will expire on April
23, 2024.
    As of April 24, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Kwinton Carpenter (OH)
Andrey Shevchenko (MN)

    The drivers were included in docket number FMCSA-2013-0124. Their
exemptions are applicable as of April 24, 2022 and will expire on April
24, 2024.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 31 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-06862 Filed 3-31-22; 8:45 am]
BILLING CODE 4910-EX-P