[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73593-73596]
[FR Doc No: 2020-25358]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-8203; FMCSA-
2004-17195; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-
2008-0174; FMCSA-2010-0082; FMCSA-2010-0187; FMCSA-2011-0299; FMCSA-
2012-0214; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2012-0280; FMCSA-
2013-0165; FMCSA-2013-0168; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-
2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-
2014-0296; FMCSA-2014-0298; FMCSA-2015-0056; FMCSA-2016-0028; FMCSA-
2016-0029; FMCSA-2016-0030; FMCSA-2016-0206; FMCSA-2016-0208; FMCSA-
2016-0212; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-
2018-0014; FMCSA-2018-0015; FMCSA-2018-0017; FMCSA-2018-0207]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 63
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions are applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before December
18, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-3637, Docket No. FMCSA-
2000-7006, Docket No. FMCSA-2000-8203, Docket No. FMCSA-2004-17195,
Docket No. FMCSA-2004-17984, Docket No. FMCSA-2004-18885, Docket No.
FMCSA-2008-0106, Docket No. FMCSA-2008-0174, Docket No. FMCSA-2010-
0082, Docket No. FMCSA-2010-0187, Docket No. FMCSA-2011-0299, Docket
No. FMCSA-2012-0214, Docket No. FMCSA-2012-0215, Docket No. FMCSA-2012-
0216, Docket No. FMCSA-2012-0280, Docket No. FMCSA-2013-0165, Docket
No. FMCSA-2013-0168, Docket No. FMCSA-2014-0003, Docket No. FMCSA-2014-
0004, Docket No. FMCSA-2014-0005, Docket No. FMCSA-2014-0006, Docket
No. FMCSA-2014-0007, Docket No. FMCSA-2014-0010, Docket No. FMCSA-2014-
0296, Docket No. FMCSA-2014-0298, Docket No. FMCSA-2015-0056, Docket
No. FMCSA-2016-0028, Docket No. FMCSA-2016-0029, Docket No. FMCSA-2016-
0030, Docket No. FMCSA-2016-0206, Docket No. FMCSA-2016-0208, Docket
No. FMCSA-2016-0212, Docket No. FMCSA-2018-0011, Docket No. FMCSA-2018-
0012, Docket No. FMCSA-2018-0013, Docket No. FMCSA-2018-0014, Docket
No. FMCSA-2018-0015, Docket No. FMCSA-2018-0017, or Docket No. FMCSA-
2018-0207 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. 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, 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_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.,
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-1998-3637; FMCSA-2000-7006; FMCSA-2000-8203;
FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2008-0106;
FMCSA-2008-

0174; FMCSA-2010-0082; FMCSA-2010-0187; FMCSA-2011-0299; FMCSA-2012-
0214; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2012-0280; FMCSA-2013-
0165; FMCSA-2013-0168; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-
0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-
0296; FMCSA-2014-0298; FMCSA-2015-0056; FMCSA-2016-0028; FMCSA-2016-
0029; FMCSA-2016-0030; FMCSA-2016-0206; FMCSA-2016-0208; FMCSA-2016-
0212; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-
0014; FMCSA-2018-0015; FMCSA-2018-0017; FMCSA-2018-0207), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-
8203; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2008-
0106; FMCSA-2008-0174; FMCSA-2010-0082; FMCSA-2010-0187; FMCSA-2011-
0299; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2012-
0280; FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-
0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0056; FMCSA-2016-
0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2016-0206; FMCSA-2016-
0208; FMCSA-2016-0212; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-
0013; FMCSA-2018-0014; FMCSA-2018-0015; FMCSA-2018-0017; FMCSA-2018-
0207, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-
8203; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2008-
0106; FMCSA-2008-0174; FMCSA-2010-0082; FMCSA-2010-0187; FMCSA-2011-
0299; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2012-
0280; FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-
0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0056; FMCSA-2016-
0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2016-0206; FMCSA-2016-
0208; FMCSA-2016-0212; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-
0013; FMCSA-2018-0014; FMCSA-2018-0015; FMCSA-2018-0017; FMCSA-2018-
0207, in the keyword box, and click ``Search.'' Next, click the ``Open
Docket Folder'' button and choose the document to review. If you do not
have access to the internet, you may view the docket online by visiting
Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.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 vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 63 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), 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 63
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 63 FR 196; 63 FR 30285; 65 FR
20245; 65 FR 57230; 65 FR 66293; 67 FR 57266; 67 FR 67234; 69 FR 17263;
69 FR 31447; 69 FR 33997; 69 FR 52741; 69 FR 53493; 69 FR 61292; 69 FR
62741; 69 FR 62742; 71 FR 27033; 71 FR 53489; 71 FR 55820; 71 FR 62147;
71 FR 62148; 73 FR 28186; 73 FR 35194; 73 FR 35201; 73 FR 38499; 73 FR
48273; 73 FR 48275;

73 FR 51336; 73 FR 61925; 73 FR 65009; 73 FR 74565; 75 FR 25919; 75 FR
27623; 75 FR 27624; 75 FR 39729; 75 FR 44050; 75 FR 44051; 75 FR 47883;
75 FR 52061; 75 FR 57105; 75 FR 59327; 75 FR 63257; 75 FR 66423; 76 FR
73769; 77 FR 3547; 77 FR 29447; 77 FR 36338; 77 FR 46153; 77 FR 46793;
77 FR 52381; 77 FR 56261; 77 FR 56262; 77 FR 59245; 77 FR 60010; 77 FR
64583; 77 FR 64839; 77 FR 64841; 77 FR 65933; 77 FR 68199; 77 FR 75494;
78 FR 47818; 78 FR 63302; 78 FR 63307; 78 FR 77780; 79 FR 14331; 79 FR
14571; 79 FR 18392; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29498;
79 FR 35212; 79 FR 35220; 79 FR 38649; 79 FR 38659; 79 FR 46153; 79 FR
47175; 79 FR 51642; 79 FR 51643; 79 FR 53514; 79 FR 56097; 79 FR 56117;
79 FR 58856; 79 FR 59348; 79 FR 64001; 79 FR 68199; 79 FR 69985; 79 FR
72754; 79 FR 73393; 80 FR 8927; 80 FR 59225; 80 FR 59230; 80 FR 63839;
81 FR 1284; 81 FR 20433; 81 FR 28138; 81 FR 39320; 81 FR 40634; 81 FR
42054; 81 FR 45214; 81 FR 60115; 81 FR 66720; 81 FR 66722; 81 FR 66726;
81 FR 70253; 81 FR 71173; 81 FR 72642; 81 FR 80161; 81 FR 81230; 81 FR
86063; 81 FR 90050; 81 FR 91239; 81 FR 96180; 81 FR 96191; 81 FR 96196;
82 FR 12683; 83 FR 6922; 83 FR 24146; 83 FR 24585; 83 FR 28320; 83 FR
28325; 83 FR 28332; 83 FR 28335; 83 FR 33292; 83 FR 34661; 83 FR 34667;
83 FR 34677; 83 FR 40638; 83 FR 40648; 83 FR 45749; 83 FR 45750; 83 FR
53724; 83 FR 53732; 83 FR 54644; 83 FR 56137; 83 FR 56140; 83 FR 56902;
84 FR 2309; 84 FR 2326). They have submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
Sec.  391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past 2 years indicates each
applicant continues to meet the vision exemption requirements. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant 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 December
and are discussed below. As of December 3, 2020, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 54 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (63 FR 196;
63 FR 30285; 65 FR 20245; 65 FR 57230; 65 FR 66293; 67 FR 57266; 67 FR
67234; 69 FR 17263; 69 FR 31447; 69 FR 33997; 69 FR 52741; 69 FR 53493;
69 FR 61292; 69 FR 62741; 69 FR 62742; 71 FR 27033; 71 FR 53489; 71 FR
55820; 71 FR 62147; 71 FR 62148; 73 FR 28186; 73 FR 35194; 73 FR 35201;
73 FR 38499; 73 FR 48273; 73 FR 48275; 73 FR 51336; 73 FR 61925; 73 FR
65009; 73 FR 74565; 75 FR 25919; 75 FR 27623; 75 FR 27624; 75 FR 39729;
75 FR 44050; 75 FR 44051; 75 FR 47883; 75 FR 52061; 75 FR 57105; 75 FR
59327; 75 FR 63257; 75 FR 66423; 76 FR 73769; 77 FR 3547; 77 FR 29447;
77 FR 36338; 77 FR 46153; 77 FR 46793; 77 FR 52381; 77 FR 56261; 77 FR
56262; 77 FR 59245; 77 FR 60010; 77 FR 64583; 77 FR 64841; 77 FR 65933;
77 FR 68199; 78 FR 47818; 78 FR 63302; 78 FR 63307; 78 FR 77780; 79 FR
14331; 79 FR 14571; 79 FR 18392; 79 FR 27043; 79 FR 27681; 79 FR 28588;
79 FR 29498; 79 FR 35212; 79 FR 35220; 79 FR 38649; 79 FR 38659; 79 FR
46153; 79 FR 47175; 79 FR 51642; 79 FR 51643; 79 FR 53514; 79 FR 56097;
79 FR 56117; 79 FR 58856; 79 FR 59348; 79 FR 64001; 79 FR 68199; 79 FR
72754; 80 FR 59225; 80 FR 59230; 80 FR 63839; 81 FR 1284; 81 FR 20433;
81 FR 28138; 81 FR 39320; 81 FR 40634; 81 FR 42054; 81 FR 45214; 81 FR
60115; 81 FR 66720; 81 FR 66722; 81 FR 66726; 81 FR 70253; 81 FR 71173;
81 FR 72642; 81 FR 80161; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR
96180; 81 FR 96191; 81 FR 96196; 83 FR 6922; 83 FR 24146; 83 FR 24585;
83 FR 28320; 83 FR 28325; 83 FR 28332; 83 FR 28335; 83 FR 33292; 83 FR
34661; 83 FR 34667; 83 FR 34677; 83 FR 40638; 83 FR 40648; 83 FR 45749;
83 FR 45750; 83 FR 53724; 83 FR 53732; 83 FR 54644; 83 FR 56137; 83 FR
56902; 84 FR 2326):

John W. Arnold (KY)
Paul J. Bannon (DE)
Keith D. Blackwell (TX)
Tracy L. Bowers (IA)
Gary O. Brady (WV)
Bryan Brockus (ID)
Thomas F. Caithamer (IL)
Kenneth C. Caldwell (NY)
Gerard J. Cormier (MA)
Layne C. Coscorrosa (WA)
Eric DeFrancesco (PA)
Michael C. Doheny (CT)
Homero Dominguez (TX)
Roger A. Duester (TX)
Todd C. Grider (IN)
Michael J. Haubert (WI)
Raymond E. Hogue (PA)
Matthew D. Hormann (MN)
Charles S. Huffman (KS)
Spencer B. Jacobs (TX)
Clarence H. Jacobsma (IN)
Larry Johnsonbaugh, Jr. (PA)
Theodore Kirby (MD)
Kelly R. Knopf, Sr. (SC)
Eric M. Kohrs (IL)
Richard A. Kolodziejczyk (CT)
Sherell J. Landry (TX)
Timothy D. Lundvall (NE)
Matthew J. Mantooth (KY)
Brian D. McClanahan (IL)
David G. Meyers (NY)
Ross A. Miceli II (PA)
James J. Monticello (IN)
Aaron F. Naylor (PA)
James M. O'Brien (ME)
Billy R. Oguynn (AL)
Richard A. Peterson (OR)
Jamey D. Reed (TX)
Charles O. Rhodes (FL)
Juan A. Rodriguez (CT)
Gordon G. Roth (KS)
Terry L. Rubendall (PA)
Daniel W. Schafer (PA)
Klifford N. Siemens (KS)
Chad M. Smith (IA)
Eric D. Smith (GA)
Daniel W. Toppings (WV)
Bart M. Valiante (CT)
James W. Van Ryswyk (IA)
John T. White, Jr. (NC)
Hubert Whittenburg (MO)
John D. Woods (MI)
Aaron E. Wright (MI)
James C. Wright (MN)

    The drivers were included in docket numbers FMCSA-1998-3637; FMCSA-
2000-7006; FMCSA-2000-8203; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-
2004-18885; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082; FMCSA-
2010-0187; FMCSA-2011-0299; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-
2012-0216; FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2014-0003; FMCSA-
2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-
2014-0010; FMCSA-2014-0296; FMCSA-2015-0056; FMCSA-2016-0028; FMCSA-
2016-0029; FMCSA-2016-0030; FMCSA-2016-0206; FMCSA-2016-0208; FMCSA-
2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-0014; FMCSA-
2018-0015; FMCSA-2018-0017. Their exemptions are applicable as of
December 3, 2020, and will expire on December 3, 2022.
    As of December 10, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (83 FR 56140; 84 FR 2309):

Alejandro R. Almaguer (FL)
Abdallah A. Alserhan (IL)
Denis Cuzimencov (NC)
Steven M. Huddleston (NM)

    The drivers were included in docket number FMCSA-2018-0207. Their

exemptions are applicable as of December 10, 2020, and will expire on
December 10, 2022.
    As of December 20, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 64839; 77 FR 75494; 79 FR
73393; 81 FR 96180; 84 FR 2326):

Noah E. Bowen (OH); and Emin Toric (GA)
    The drivers were included in docket number FMCSA-2012-0280. Their
exemptions are applicable as of December 20, 2020, and will expire on
December 20, 2022.
    As of December 25, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 69985; 80 FR 8927; 81 FR
96180; 84 FR 2326):

Thurman T. Clayton (LA); and Tig G. Cornell (ID)

    The drivers were included in docket number FMCSA-2014-0298. Their
exemptions are applicable as of December 25, 2020, and will expire on
December 25, 2022.
    As of December 30, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 86063; 82 FR 12683; 84 FR
2326):

Michal Golebiowski (IL)

    The driver was included in docket number FMCSA-2016-0212. Their
exemption is applicable as of December 30, 2020, and will expire on
December 30, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(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 63 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 391.41(b)(10), subject to the requirements cited above.
In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will
be valid for 2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-25358 Filed 11-17-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Notices]
[Pages 38067-38068]
[FR Doc No: 2013-15163]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0009; OMB No. 1660-0100]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before July 25, 2013.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: General Admissions Applications (Long and Short) and Stipend
Forms.
    Type of Information Collection: Revision of a currently approved
collection.
    Form Titles and Numbers: FEMA Form 119-25-1, General Admissions
Application; FEMA Form 119-25-2, General Admissions Application Short
Form; FEMA Form 119-25-5, National Fire Academy Executive Fire Officer
Program Application; FEMA Form 119-25-3, Student Stipend Agreement; and
FEMA Form 119-25-4, Student Stipend Agreement (Amendment).
    Abstract: The National Fire Academy was established to advance the
professional development of fire service personnel and other persons
engaged in prevention and control activities. The Emergency Management
Agency Institute serves as the national focal point for the development
and delivery of emergency management training to enhance the
capabilities of State, local, and tribal government officials;
volunteer organizations; FEMA's disaster workforce; other Federal
agencies; and the public and private sectors to minimize the impact of
disasters and emergencies on the American public.
    Affected Public: Business and other for-profit; not-for-profit
institutions; Federal Government; and State, Local, or Tribal
Government.
    Estimated Number of Respondents: 113,100.
    Estimated Total Annual Burden Hours: 12,900.
    Estimated Cost: There are no recordkeeping, capital, start-up or
maintenance costs associated with this information collection.

    Dated: June 12, 2013.
Loretta Cassatt,
Acting Director, Records Management Division, Mission Support Bureau,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-15163 Filed 6-24-13; 8:45 am]
BILLING CODE 9111-72-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40666-40673]
[FR Doc No: 2014-16328]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0542; FRL-9913-48-Region-6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review State Implementation Plan; Flexible
Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving revisions to the Texas New Source Review (NSR) State
Implementation Plan (SIP) to establish the Texas Minor NSR Flexible
Permits Program, submitted by the Texas Commission on Environmental
Quality (TCEQ). The conditional approval is predicated on a commitment
from TCEQ in a letter dated December 9, 2013, to adopt certain minor
clarifications to the Flexible Permit Program by November 30, 2014. The
EPA is finalizing this action under section 110 of the Clean Air Act
(CAA).

DATES: This final rule is effective August 13, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0542. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available. E.g., Confidential
Business Information or other information the disclosure of which is
restricted by the statute. Certain other material such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. While all documents in the docket are listed
in the index, some information may be publicly available only at the
hard copy location (e.g., copyrighted material), and some may not be
publicly available at either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment with the person listed
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill
Deese at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Kordzi, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background for This Final Action
II. Response to Comments
III. When is this action effective?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background for This Final Action

    On September 23, 2009, the EPA proposed to disapprove revisions to
the SIP submitted by the State of Texas that established the Flexible
Permit Program. 74 FR 48480. On July 15, 2010, the EPA took final
action by disapproving Texas' Flexible Permit Program. 75 FR 41312.
    For a detailed discussion of our rationale for the disapproval see
75 FR 41312 (July 15, 2010). Upon finalization of the rule several
parties appealed the decision to the Fifth Circuit Court of Appeals. In
July and August of 2010 the State of Texas, Texas Oil & Gas Association
(TXOGA), Texas Association of Manufacturers, and Business Coalition for
Clean Air (BCCA) Appeal Group all filed petitions with the Fifth
Circuit Court of Appeals seeking to overturn the EPA's disapproval of
the Flexible Permit Program. During the same time period, the
Environmental Defense Fund (EDF) and Environmental Integrity Project
(EIP) moved for leave to intervene in support of the EPA's disapproval.
Their request to intervene was granted by the Court. While the
challenge was pending, the state adopted a modified flexible permits
regulation, but did not submit it to the EPA.
    On August 13, 2012, the Fifth Circuit Court of Appeals granted the
petitioner's review, vacated our disapproval of the Texas Flexible
Permit Program and remanded the matter back to the EPA for further
review. After the Court remanded the Flexible Permit Rule to the EPA,
the State, in a letter dated September 12, 2012, requested that we take
action on the original Flexible Permit Program submittal package in
accordance with the ruling of the Fifth Circuit Court of Appeals.
Following discussions with the EPA, on September 24, 2013, Texas
formally adopted and approved this SIP revision which is comprised of
the original submittal that the EPA took its disapproval action on as
well as rule additions agreed upon between the TCEQ and the EPA that
the EPA finds are essential to the program's approvability.
    On October 21, 2013, Texas formally submitted to the EPA this final
revision to the SIP. The TCEQ also identified in the Flexible Permits
Program SIP submittal cover letter, several sections of previous SIP
submittals that are withdrawn from the EPA's consideration as revisions
to the Texas SIP. Accordingly, the EPA recognizes the following
sections as withdrawn by the State and no longer before us for review
or action:
     30 TAC Section 116.711(3) (last sentence only) and (11),
as amended August 21, 2002, and all earlier versions withdrawn October
21, 2013.
     Adopted revisions submitted October 21, 2013. 30 TAC
Section 116.715(a), only with regard to the text ``or Subchapter C of
this chapter (relating to Hazardous Air Pollutants: Regulations
Governing Constructed or Reconstructed Major Sources (FCAA Section
112(g), 40 CFR Part 63))'', as amended August 21, 2002, and all earlier
versions withdrawn on October 21, 2013.

     30 TAC Section 116.715(c)(6) as amended August 20, 2003,
and all earlier versions withdrawn October 21, 2013. 30 TAC Section
116.716(a) and (d), as adopted November 16, 1994, withdrawn October 21,
2013.
     30 TAC Section 116.730 adopted November 16, 1994, and
repealed and readopted June 17, 1998.
     30 TAC Section 116.740(b), adopted June 17, 1998, and
amended September 2, 1999, withdrawn October 21, 2013. 30 TAC Section
116.803, adopted August 21, 2002, withdrawn October 21, 2013.
    The EPA is today conditionally approving the October 21, 2013,
submittal. The October 21, 2013, submittal, including the Texas Order
of the Commission adopting the SIP revision dated September 26, 2013,
and the accompanying cover letter (available in the docket for this
rulemaking), essentially resubmits all relevant portions of the prior
Flexible Permits submittals and therefore constitutes the entire
Flexible Permit Program. The EPA issued a notice proposing conditional
approval. 79 FR 8368 (Feb. 12, 2014).

II. Response to Comments

    The EPA originally proposed a comment period of 30 days but
extended the comment period an additional 21 days after receiving a
request from EIP on February 28, 2014. This extension provided a total
of 51 days for comment, through April 4, 2014. We received comments
from 5 organizations as follows: the TCEQ, the TXOGA, the Texas
Industry Project (TIP), the BCCA and the EIP on behalf of the Public
Citizen's Texas Office, Air Alliance Houston, Environment Texas, Texas
Campaign for the Environment, and the Sierra Club. All comment letters
can be found in their entirety in the docket for this rulemaking. The
following section summarizes the comments received and provides
responses to each. Note that comments are grouped together into
categories to assist the reader.

General Comments in Support of the Proposed Approval

    Comment 1: TXOGA stated that their members support the EPA's
February 12, 2014, proposed conditional approval of the Texas Flexible
Permit Rules as revisions to the Texas SIP. The BCCA and the TIP also
expressed support of the EPA's proposed conditional approval of the
Flexible Permit Program. TXOGA stated they believe the rule will help
provide certainty in the air permitting process for Texas industry and
continued compliance with the Federal CAA.
    Response 1: The EPA appreciates the support for our proposed
conditional approval. No changes were made to the final rule as a
result of this comment.
    Comment 2: The TCEQ supports the EPA's February 12, 2014, proposed
conditional approval of the Texas Flexible Permit Rules as revisions to
the Texas SIP. The TCEQ informed the EPA that on February 12, 2014,
rule amendments were proposed to ensure that the text and organization
of the Flexible Permit Program rules include only what is in the 2013
submittal, as well as some updated non-substantive rule text adopted in
2010. These non-substantive amendments were adopted to clarify the
Flexible Permit Program and do not materially alter the Flexible Permit
Program. Based on the issues litigated after the EPA's disapproval of
the Flexible Permit Program rules on July 15, 2010, some of the rule
amendments adopted on December 14, 2010, are not necessary for the EPA
approval of the Flexible Permit Program and thus are currently proposed
for repeal. The TCEQ's rulemaking is expected to fulfill the terms of
the conditional approval and allow the EPA to adopt the Flexible Permit
Program rules in full as a SIP revision, which will resolve the
outstanding issues with regard to this Minor NSR program. Specifically,
the amendments proposed by the TCEQ on February 12, 2014, regarding the
following rules: 30 TAC Sections 116.13, 116.710, 116.711, 116.715,
116.716, 116.717, 116.718, 116.721, and 116.765. Of these, 30 TAC
Sections 116.13; 116.710; 116.711(1), (2)(A), (B) and (C)(i) and (ii),
(D)-(J), and (L)-(N); 116.715(a)-(e) and (f)(1) and (2)(B); 116.716;
116.717; 116.718; 116.721; and 116.765, will be submitted to the EPA as
revisions to the Texas SIP. In addition to the re-submittal of rules
adopted in 1994-2003 for the Flexible Permit Program, the 2013 SIP
submittal included certain rule changes adopted by the commission in
2010 that help clarify the rules. These 2010 amendments included
changes in rule format as well as some revised and additional text. The
TCEQ does not consider these changes as material alterations to the
program, nor was the text specifically related to the primary issues in
the litigation regarding the EPA's disapproval of the Flexible Permit
Program in 2010.
    Response 2: The EPA agrees with the TCEQ's assessment of the scope
of this approval action. The EPA appreciates the support for our
proposed conditional approval. No changes were made to the final rule
as a result of this comment.

Comments Regarding the Effective Date of the Regulation

    Comment 3: The BCCA and the TIP request that the regulation become
effective on the day of the Federal Register publication. In addition,
TXOGA requested that the EPA finalize the conditional approval as soon
as possible so the program will be a federally approved part of the
Texas SIP and make the approval effective on the day of publication.
These requests are based on the exceptions to the requirement for a 30
day delay in the effective date provided for in the Administrative
Procedure Act (APA). The commenters state that ``EPA may properly find
good cause because an immediately effective conditional approval would
provide economic benefits by giving certainty to the flexible permits
issued by TCEQ pursuant to the program.'' This group of commenters
further states ``Texas first submitted the program to EPA in 1994 and
issued approximately 140 flexible permits under the terms of the
program. Thus, an immediately effective conditional approval of the
Flexible Permit Program will have the effect of granting or recognizing
an exemption or relieving a restriction imposed by the existing
program.''
    Response 3: The EPA has reviewed the request to make the rule
immediately effective. The APA requires a 30 day delayed effective date
unless the rule qualifies for a statutory exception. We do not agree
that this rule qualifies for such an exception and therefore the rule
will become effective 30 days after publication.
    The commenters argue that approval of the rule will make the
program a federally approved part of the SIP, providing certainty and
economic benefits to the regulated community. To the extent that this
is true, it is true of all SIP approvals, and provides no unique basis
for making this SIP approval immediately effective. The commenters also
appear to be suggesting that approval of this rule will make all
previously-issued Texas flexible permits federally approved. Thus, the
commenters point to the 140 permits that have already been ``issued by
TCEQ pursuant to the program,'' \1\ and assert that today's approval
``will have the effect of granting or recognizing an exemption or
relieving a restriction imposed by the existing program.'' In

sum, the commenters appear to be implying that this approval will
transform state-only flexible permits issued since 1994 into federally
approved permits upon the effective date of this rule. This is not the
case and the EPA strongly rejects any suggestion to the contrary,
---------------------------------------------------------------------------

    \1\ While EPA does not dispute that Texas has issued 140
flexible permits during the life of the program, many of those
permits have been ``de-flexed'' and no longer are within the scope
of that program. EPA understands that approximately 25 state-only
flexible permits have not been de-flexed and remain part of the
state program.
---------------------------------------------------------------------------

    The state established and submitted for EPA approval a Flexible
Permit Program in 1994. As described in detail below, the Flexible
Permit Program we are conditionally approving today consists of 18
revisions to the Texas Administrative Code presented to the EPA in 7
submittals between 1994 and 2013 and contains new provisions that were
never in any earlier version of the Flexible Permit Program submitted
to the EPA. Those provisions could not have been used as a legal basis
for establishing terms and conditions of state-only permits issued in
the 1990s. Because those permits were not issued under the regulations
that we are approving today, there can be no assurance that the state-
only permits fully comply with all elements of the Flexible Permits
Program we are approving today. Accordingly, today's action cannot make
those state-only permits federally approved unless and until a permit
is reissued under the authority of the program being approved today
with terms and conditions defined by that program.
    In sum, therefore, the EPA finds no basis for making the rule
effective immediately, and no changes were made to the final rule as a
result of this comment.

Remaining Comments

    Comment 4: The BCCA and the TIP request that the EPA confirm that a
final conditional approval means that the rule is federally approved
and that the enforceability is not deferred until the State's
satisfaction of the commitment.
    Response 4: The EPA agrees and confirms that the final conditional
approval means that the rule is federally approved on the effective
date of this Federal Register notice. A discussion in 71 FR 52703 at
52704, September 6, 2006, outlines the protocol regarding
implementation of a conditional approval. In general, a conditional
approval remains in effect (and therefore enforceable) until the EPA
takes its final action that the rule is ultimately approvable or is not
approvable dependent upon whether the State has met its commitments.
    Comments 5-9 Summary: The EIP made several comments that
effectively argue in various ways that the Flexible Permit Program can
be used to authorize major source construction or modification that
should be subject to Prevention of Significant Deterioration (PSD) or
Non-attainment New Source Review (NNSR). The EPA summarizes and
responds individually and in detail, but also wishes to introduce that
discussion by explaining the basis for its overarching conclusion that
the Flexible Permit Program cannot be used to authorize major source
construction or modification. The EPA rejects any suggestion that the
Flexible Permit Program will allow circumvention of Major NSR
requirements. The EPA wants to be clear on this point both to the
public and future permittees. This is a Minor NSR program. The Fifth
Circuit Court of Appeals reviewed the Flexible Permit Program, and
concluded that it could not be used to authorize construction or
modification that should be subject to the requirements of the major
source NNSR or PSD programs: ``The Flexible Permit Program does not
allow Major NSR evasion because it affirmatively requires compliance
with Major NSR.'' Texas v. EPA, 690 F.3d 670, 678 (Fifth Cir. 2012).
The TCEQ clearly states this in their guidance and the EPA today is
approving the Flexible Permit Program only as a Minor NSR program.
Permittees who use this Minor NSR program to circumvent Major NSR are
violating the approved Texas SIP. We believe that the revised Flexible
Permit Program we are conditionally approving today meets the
requirement of the CAA, our Minor NSR rules and the Fifth Circuit's
interpretation of both. If the permit program is used in ways to
circumvent Major NSR, those actions would be violations. While it does
not impact program approval, it is related to enforcement and
implementation.
    As explained in our proposed conditional approval at 79 FR 8368,
8380, February 12, 2014, the Texas rules as submitted October 21, 2013,
and found in 30 TAC Sections 116.711(H) & (I) require that all flexible
permit applications contain information demonstrating that each
facility complies with PSD and NNSR requirements.
    Comment 5: The EIP commented that Flexible Permit changes may be
made without evaluating Major NSR applicability.
    Response 5: The EPA disagrees with the commenter's assertion
regarding a permittee's responsibilities to make changes in accordance
with Major NSR permitting requirements. As noted, the Texas rules as
submitted October 21, 2013, and found in 30 TAC Sections 116.711(H) &
(I) \2\ require that all flexible permit applications contain
information for each facility \3\ demonstrating compliance with
Prevention of Significant Deterioration (PSD) and non-attainment new
source review (NNSR) requirements. Further, the facilities (units)
covered under a flexible permit cap are created in accordance with 30
TAC Section 116.716(c), which requires compliance with all PSD and NNSR
requirements for applicable facilities (units) subject to major BACT
and LAER requirements up to the permit limit on potential to emit.
Those individual facilities that are not subject to major BACT or LAER
as defined in 30 TAC Section 116.10 are calculated based on expected
maximum capacity (i.e., potential to emit). The calculated emission
levels for all facilities (units) are then summed, and capped and the
total is analyzed to ensure compliance with NAAQS requirements. If
changes are made to the stationary source that vary from the permit
application representations, the applicant is required to amend or
alter the flexible permit in accordance with procedures set out in 30
TAC Section 116.721, which are analogous to already SIP approved rules
regarding changes found in Subchapter B, 30 TAC Section 116.116.
However, emission ``flexibility'' between ``facilities'' (units) is
allowed under the cap as long as operations are consistent with permit
application representations and individual, applicable BACT and LAER
requirements for each individual affected major PSD and LAER facility
(unit) are met. No changes have been made to the final rule as a result
of this comment.
---------------------------------------------------------------------------

    \2\ The TCEQ notified the EPA in its comment letter of April 1,
2014, that this requirement will be renumbered in the updated rule
as 30 TAC Sections 116.711(2)(H) & (I) in response to their
commitment letter of December 9, 2013.
    \3\ The EPA notes TCEQ's definition of ``facility'' as an
individual ``unit'' see 30 TAC Section 116.10(4) definition of
facility.
---------------------------------------------------------------------------

    Comment 6: The EIP commented that flexible permits improperly tie
Major NSR applicability requirements to increases in allowable
emissions.
    Response 6: The EPA disagrees with the commenter's assertion that
Major NSR applicability is determined based on allowable emission
increases. All sources must submit a permit application for an
amendment or alteration when changes are made at the source that vary
from existing application representations. Changes meeting the criteria
resulting in the need for PSD and NNSR review require each facility
(unit) to comply with all applicable requirements as stated in
accordance with 30 TAC Sections 116.711(H) & (I). The TCEQ PSD
regulations are already SIP approved

and require a stationary source to analyze emission increases based on
actual emissions as stated in PSD requirements found in 30 TAC Section
116.160(c). The TCEQ defines project netting in 30 TAC Section
116.12(28) as ``The sum of the following: the project emissions
increase, minus any source-wide creditable emission decreases proposed
at the source between the date of application for the modification and
the date the resultant modification begins emitting. Baseline actual
emissions shall be used to determine emissions increases and decreases.
Increases and decreases must meet the creditability criteria listed
under the definition of net emissions increase in this section.'' No
changes have been made to the final rule as a result of this comment.
    Comment 7: The EIP commented that flexible permit caps exceed
baseline actual emissions.
    Response 7: The EPA agrees that flexible permit caps, when
established, can exceed baseline actual emissions for the facilities
(units) the cap will cover. The rules at 30 TAC Section 116.716(c)
define how a flexible permit cap is established. There are no federal
guidelines that prohibit developing a flexible permit cap for a Minor
NSR permit action using ``potential to emit'' emission thresholds
provided the emission values, as represented in the permit application
and used in establishing a cap limit, are fully evaluated for potential
NAAQS violations and NSR permitting requirements in the initial permit
action. A Minor NSR flexible permit cap is not a Plantwide
Applicability Limit (PAL). PALs covering all facilities (units) at a
stationary source, both major and minor, are to be based on each
individual baseline actual emission for each individual facility
(unit).
    A grouping of facilities (units) for which flexibility is desired
is determined by the permit applicant. Provided there are no deviations
from the application representations and the emission increases do not
exceed significant threshold categories for Major PSD and NNSR
requirements, the permittee is afforded some flexibility in how
compliance with the flexible permit cap emission limitations are met.
In any case, any facility (unit) also subject to individual BACT
emission limitations must always demonstrate compliance with that
emission limitation as well. (See Response No. 6 above for a discussion
of how emission caps must be established.)
    Regarding the eight permit examples provided by EIP in Attachment
A, all sources cited must submit permit applications for amendments or
alterations in accordance with 30 TAC Section 116.721 if, and when
changes are made at the source that vary from existing application
representations. Those modification requirements are analogous to
already SIP-approved rules found in 30 TAC Section 116.116. No changes
have been made to the final rule as a result of this comment.
    Comment 8: The EIP commented that the TCEQ has issued flexible
permits that are virtually unlimited in scope.
    Response 8: The EPA agrees that some of the State-only flexible
permits initially issued under the state Flexible Permit Program that
was not SIP-approved may not have met Clean Air Act requirements. See
EPA's Fair Notice Letter dated September 25, 2007, to flexible permit
holders in Texas and signed by John Blevins, Director, Compliance
Assurance and Enforcement Division, EPA Region 6. However, the revised
rules upon which this final conditional approval action is being taken
do limit the scope of how stationary sources will be permitted to use
flexible permit caps. These rules will ensure practicable
enforceability of Clean Air Act requirements. The rules contain
specialized monitoring, recordkeeping, and reporting elements.
Specifically 30 TAC Section 116.715(c)(5)(A) requires each flexible
permit to specify requirements for monitoring or demonstrating
compliance with emission caps and individual emission limits in the
flexible permit. Further, amended rule 30 TAC Section 116.715(c)(5)(B)
requires each flexible permit to specify emission calculation methods
for calculating annual and short term emissions for each pollutant. In
addition, 30 TAC Section 116.715(d)(1) specifies that a flexible permit
include specific monitoring, recordkeeping, and reporting conditions in
flexible permits as appropriate for the type of facilities and
emissions authorized under a cap. Compliance with the cap will be based
on a 12 month rolling average to ensure continuous compliance. No
changes have been made to the rule as a result of this comment.
    Comment 9: The EIP commented that Texas' flexible permit rules
indicate that flexible permits may be used to eliminate major NSR
permit requirements.
    Response 9: The EPA disagrees with the commenter's assertion. As
explained previously, this is a Minor NSR program. The rules contain a
provision found in 30 TAC Section 116.711(2)(M)(vii) which specifies
that a flexible permit application must identify any terms, conditions,
and representations in any Subchapter B (i.e., Major NSR) permit which
will be superseded by or incorporated under a flexible permit and an
analysis of how the conditions and control requirements of a subchapter
B permit will be carried forward in the proposed flexible permit.
Further 30 TAC Sections 116.716(c), 116.716(d), and 116.716(e) specify
how to calculate an emission cap and how to handle individual emission
limitations. In addition, these rules identify the facilities (units)
subject to an emission cap, and outline that the permit shall clearly
identify the facilities (units) subject to the emission cap so that
those facilities (units) subject to Major PSD and NNSR requirements
ensure compliance with major source BACT and LAER. No changes have been
made to the rule as a result of this comment.
    Comment 10: The EIP commented that flexible permit BACT
requirements are not sufficiently stringent.
    Response 10: The EPA disagrees regarding the stringency of the
flexible permit control technology requirements. The Flexible Permit
Program has been determined to be a Minor NSR program and the Clean Air
Act does not require that minor sources employ any particular control
technology. Activities made under a Flexible Permit must meet the
emission control requirements for a Minor NSR program as found in 30
TAC Section 116.711(2)(C). However, for any facility (unit) that is
subject to Major NSR permitting requirements, i.e., PSD, the rules
contain safeguards as discussed above in Responses 5 and 9 to ensure
Major NSR source BACT and LAER requirements are followed. No changes
have been made to the rule as a result of this comment.
    Comment 11: The EIP commented that flexible permit limits are not
enforceable as a practical matter.
    Response 11: The EPA disagrees with the commenter's assertion
regarding enforceability of permit conditions. Information provided in
Response 8 describes the requirements that flexible permits contain
sufficient monitoring, recordkeeping, and reporting to demonstrate
compliance. In addition, revised 30 TAC 116.715(c)(5) also states that
each flexible permit specify requirements for monitoring or
demonstrating compliance with emission caps and individual emission
limits in the flexible permit and that each flexible permit shall
specify methods for calculating annual and short term emissions for
each pollutant for a given type of facility (unit). No changes have
been made to the rule as a result of this comment.

    Note: EIP raised a number of issues that are not directly
relevant to this rulemaking. These issues cover use of Confidential
Business Information, AP-42 emission factors, specific emission
calculations and credible evidence rules. This rule does not
directly address these subjects and they are outside the scope of
this rulemaking.

    Comment 12: The TCEQ commented that the EPA's discussion at Section
II (last paragraph, 79, Federal Register 8373-8374) references 30 TAC
Section 116.717 regarding adjustment of an emission cap but should most
likely reference 30 TAC Section 116.715(c)(9).
    Response 12: The EPA agrees with the TCEQ's comment that the
incorrect citation was referenced in the February 12, 2014, Federal
Register proposal. The correct citation is 30 TAC Section
116.715(c)(9).

III. When is this action effective?

    The EPA has determined that today's final conditional approval of
the Texas Flexible Permit Program is subject to the requirement to
delay a rule's effective date until 30 days after publication in 5
U.S.C. 553(d) of the APA; therefore, the rule will become effective 30
days after publication.

IV. Final Action

     After careful consideration of the comments received and
the responses to each comment provided above, and section 110 of the
Act, the EPA is finalizing our conditional approval of the following
revisions to the Texas SIP. In this final conditional approval we are
revising the table at 40 CFR 52.2270(c) to reflect the approval of the
following regulations into the Texas SIP: Revisions to 30 TAC Sections
39.402(a)(4) and (a)(5)--Applicability to applications for new and
amended Flexible Permits--submitted July 2, 2010.
     Revisions to 30 TAC Section 116.10--General Definitions--
submitted March 13, 1996; Repealed, adopted and submitted July 22,
1998; Redesignated and submitted October 4, 2002; Amended
116.10(9)(E)--submitted October 5, 2010.
     Revisions to 30 TAC Section 116.13--Flexible Permit
Definitions--submitted November 29, 1994; Repealed, adopted and
submitted July 22, 1998; Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.110--Applicability--
submitted November 29, 1994; Section 116.110(a)(3) Repealed, adopted
and submitted July 22, 1998.
     Revisions to 30 TAC Section 116.710--Applicability--
submitted November 29, 1994; Revised and submitted July 22, 1998;
Revised and submitted September 11, 2000.
     Revisions to 30 TAC Section 116.711--Flexible Permit
Application--submitted November 29, 1994; revised and submitted July
22, 1998; Added, redesignated and submitted April 12, 2001; Designated,
added, revised and submitted September 4, 2002; and Adopted revisions
submitted October 21, 2013.
     Revisions to 30 TAC Section 116.714--Application Review
Schedule--submitted November 29, 1994; Revised and submitted July 22,
1998.
     Revisions to 30 TAC Section 116.715-General and Special
Conditions--submitted November 29, 1994; Revised and submitted July 22,
1998; Revised and submitted September 11, 2000; Revised and submitted
April 12, 2001; Revised and submitted September 4, 2002; Revised and
submitted September 25, 2003.
     Revisions to 30 TAC Section 116.716--Emission Caps and
Individual Emission Limitations--submitted November 29, 1994; and
Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.717--Implementation
Schedule for Additional Controls--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.718--Significant Emission
Increase--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.720--Limitation on
Physical and Operational Changes--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.721--Amendments and
Alterations--submitted November 29, 1994; Revised and submitted July
22, 1998; Revised and submitted September 11, 2000.
     Revisions to 30 TAC Section 116.722--Distance
Limitations--submitted November 29, 1994; Revised and submitted
September 11, 2000.
     30 TAC Section 116.730--Compliance History--submitted
November 29, 1994; Withdrawn October 21, 2013.
     Revisions to 30 TAC Section 116.740(a)--Public Notice and
Comment--submitted November 29, 1994; Designated, added and submitted
July 22, 1998; Revised and submitted October 25, 1999; and Adopted
revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.750--Flexible Permit Fee--
submitted November 29, 1994; Revised and submitted July 22, 1998;
Revised and submitted September 11, 2000; Revised and submitted October
4, 2002; and Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.760 Flexible Permit
Renewal--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.765--Compliance Schedule--
submitted October 21, 2013.
    The EPA is also approving the December 9, 2013, Interpretative
Letter into the Texas SIP and will revise the table at 40 CFR
52.2270(e) to reflect this approval.
    The EPA is conditionally approving the Flexible Permit Program into
the Texas SIP. This is predicated on a commitment, as outlined in the
December 9, 2013 Commitment Letter from the State, to adopt certain
minor clarifications to the Flexible Permit Program by November 30,
2014, well within the one-year time limit in the statute. By taking our
final action today, the Flexible Permit Program for the first time
becomes an approved and thus a federally approved enforceable
requirement in the Texas State Implementation Plan.
    Upon receipt of the revised Flexible Permits Program as a revision
to the Texas SIP, the EPA will evaluate it pursuant to our
responsibilities under CAA section 110(k). If the EPA determines that
the revised rule satisfies the December 9, 2013, Commitment Letter and
was submitted in a timely manner, the EPA will provide notice in the
Federal Register proposing to convert the conditional approval into a
full approval in the Texas SIP. However, if the State fails to submit a
SIP satisfying the commitments by the identified deadline, or if the
EPA determines that the submitted SIP revision does not address the
commitments, then the conditional approval will become a disapproval
and the EPA will send a letter notifying the State that the SIP is
disapproved. Because the Flexible Permit Program is discretionary and
was not submitted to address a mandatory requirement of the Act,
disapproval of the program will not trigger sanctions under Section
179(b) or start a Federal Implementation Plan clock.
    As a result of our final conditional approval, and the associated
revisions to 40 CFR 52.2270(c) and (e), EPA is also revising 40 CFR
52.2273 to remove paragraphs (c)(1)-(c)(3).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See, 42 U.S.C. 7410(k); 40 CFR 52.02(a).

Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely conditionally approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L.104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, 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. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 12, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2) CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 26, 2014.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entries for Sections 39.402,
116.10, 116.110; adding an entry for Section 116.13 after the entry for
Section 116.12; and adding a centered heading for ``Subchapter G:
Flexible Permits'' after Section 116.620 followed by entries for
Sections 116.710, 116,711, 116.714, 116.715, 116.716, 116.717, 116.718,
116.720, 116.721, 116.722, 116.740, 116.750, 116.760 and 116.765.
0
b. The second table paragraph (e) titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by adding an entry at the end of the table for a clarification letter
dated December 9, 2013.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          approval/
          State citation               Title/Subject      submittal     EPA Approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 39.402...................  Applicability to Air     6/2/2010  7/14/2014 [Insert FR  SIP includes
                                    Quality Permits and                page number where     39.402(a)(1)-(a)(6)
                                    Permit Amendments.                 document begins].     .

                                                  * * * * * * *
Section 116.10...................  Definitions.........    9/15/2010  7/14/2014 [Insert FR  SIP includes 30 TAC
                                                                       page number where     Sections 116.10
                                                                       document begins].     (4), (5), (6), (7),
                                                                                (8). (9), (10),
                                                                                (11)(C), (11)(D),
                                                                                (12)-(15) and (17)
                                                                                as revised by the
                                                                                TCEQ on 8/21/2002.
                                                                                The SIP also
                                                                                includes 30 TAC
                                                                                Section
                                                                                116.10(9)(E), the
                                                                                definition of
                                                                                ``modification of
                                                                                existing facility''
                                                                                as it pertains to
                                                                                flexible permits as
                                                                                adopted on 9/15/
                                                                                2010.

                                                  * * * * * * *
Section 116.13...................  Flexible Permit         9/24/2013  7/14/2014 [Insert FR  ....................
                                    Definitions.                       page number where
                                                                       document begins].

                                                  * * * * * * *
Section 116.110..................  Applicability.......     8/9/2000  7/14/2014 [Insert FR  SIP includes 30 TAC
                                                                       page number where     Sections
                                                                       document begins].     116.110(a)(1),
                                                                                (a)(2), (a)(4),
                                                                                (b), (e), (f), and
                                                                                (g) as revised on 8/
                                                                                9/2000. SIP
                                                                                includes 30 TAC
                                                                                Section
                                                                                116.110(a)(3)
                                                                                adopted on 6/17/
                                                                                1998.
                                                                                SIP does NOT include
                                                                                30 TAC Sections
                                                                                116.110(a)(5) or
                                                                                (d).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter G: Flexible Permits
----------------------------------------------------------------------------------------------------------------
Section 116.710..................  Applicability.......     8/9/2000  7/14/2014 [Insert FR  ....................
                                                                       page number where
                                                                       document begins].
Section 116.711..................  Flexible Permit         9/24/2013  7/14/2014 [Insert FR  ....................
                                    Application.                       page number where
                                                                       document begins].
Section 116.714..................  Application Review      6/17/1998  7/14/2014 [Insert FR  ....................
                                    Schedule.                          page number where
                                                                       document begins].
Section 116.715..................  General and Special     9/24/2013  7/14/2014 [Insert FR  ....................
                                    Conditions.                        page number where
                                                                       document begins].
Section 116.716..................  Emission Caps and       9/24/2013  7/14/2014 [Insert FR  ....................
                                    Individual Emission                page number where
                                    Limitations.                       document begins].
Section 116.717..................  Implementation         11/16/1994  7/14/2014 [Insert FR  ....................
                                    Schedule for                       page number where
                                    Additional Controls.               document begins].
Section 116.718..................  Significant Emission   11/16/1994  7/14/2014 [Insert FR  ....................
                                    Increase.                          page number where
                                                                       document begins].
Section 116.720..................  Limitation on          11/16/1994  7/14/2014 [Insert FR  ....................
                                    Physical and                       page number where
                                    Operational Changes.               document begins].
Section 116.721..................  Amendments and           8/9/2000  7/14/2014 [Insert FR  ....................
                                    Alterations.                       page number where
                                                                       document begins].
Section 116.722..................  Distance Limitations     8/9/2000  7/14/2014 [Insert FR  ....................
                                                                       page number where
                                                                       document begins].
Section 116.740..................  Public Notice and       9/24/2013  7/14/2014 [Insert FR  SIP includes 30 TAC
                                    Comment.                           page number where     Section 116.740(a).
                                                                       document begins].

Section 116.750..................  Flexible Permit Fee.    9/24/2013  7/14/2014 [Insert FR  ....................
                                                                       page number where
                                                                       document begins].
Section 116.760..................  Flexible Permit        11/16/1994  ....................  ....................
                                    Renewal.
Section 116.765..................  Compliance Schedule.    9/24/2013  7/14/2014 [Insert FR  SIP includes 30 TAC
                                                                       page number where     Section 116.765(b)
                                                                       document begins].     and (c).

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

    (e) * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provisions        nonattainment      Effective date   EPA Approval date         Comments
                                        area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Flexible Permits Interpretative  Statewide........  December 9, 2013.  7/14/2014........  Clarifies how the TCEQ
 Letter from the TCEQ.                                                 [Insert FR page     implements the rules
                                                                        number where       regarding (1)
                                                                        document begins].  Director discretion;
                                                                                (2) BACT; (3) changes
                                                                                made by Standard
                                                                                Permits or Permits by
                                                                                Rule; (4) compliance
                                                                                with permit and
                                                                                permit application;
                                                                                and (5) start-up and
                                                                                shutdown emissions to
                                                                                ensure compliance
                                                                                with CAA
                                                                                requirements.
----------------------------------------------------------------------------------------------------------------

Sec.  52.2273  [Amended]

0
3. Section 52.2273 is amended by removing and reserving paragraph (c).

[FR Doc. 2014-16328 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P