[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Proposed Rules]
[Pages 5747-5750]
[FR Doc No: 2022-02025]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0025; Airspace Docket No. 21-ACE-2]
RIN 2120-AA66

Proposed Amendment of Multiple Air Traffic Service (ATS) Routes
and Establishment of Area Navigation (RNAV) Routes in the Vicinity of
Liberal, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Jet Routes J-19, J-20, J-52, J-
98, J-134, and J-231; amend RNAV route Q-176; amend VHF Omnidirectional
Range (VOR) Federal airways V-210, V-234, V-304, V-350, and V-507; and
establish Area Navigation (RNAV) routes T-418 and T-431. The FAA is
proposing this action due to the planned decommissioning of the VOR
portion of the Liberal, KS, VOR/Tactical Air Navigation (VORTAC)
navigational aid (NAVAID). The Liberal VOR is being decommissioned in
support of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before March 21, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0025; Airspace Docket No. 21-ACE-2 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the National Airspace System (NAS) as
necessary to preserve the safe and efficient flow of air traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0025; Airspace Docket No. 21-ACE-2) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0025; Airspace Docket No. 21-ACE-2.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see

ADDRESSES section for address and phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday, except federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Operations Support Group, Central Service Center, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX, 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The FAA is planning to decommission the Liberal, KS, VOR in
September 2022. The Liberal VOR was one of the candidate VORs
identified for discontinuance by the FAA's VOR MON program and listed
in the Final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Liberal VORTAC is planned for
decommissioning, the co-located Distance Measuring Equipment (DME)
portion of the NAVAID is being retained to support NextGen PBN flight
procedure requirements.
    The air traffic service (ATS) routes effected by the Liberal VOR
decommissioning are Jet Routes J-19, J-20, J-52, J-98, J-134, and J-
231; RNAV route Q-176; and VOR Federal airways V-210, V-234, V-304, V-
350, and V-507. With the planned decommissioning of the Liberal VOR,
the remaining ground-based NAVAID coverage in the area is insufficient
to enable the continuity of the affected ATS routes. As such, proposed
modifications to J-20, J-52, J-134,V-210, and V-234 would result in a
gap being created in the ATS routes; to J-19, J-98, J-231, V-304, V-
350, and V-507 would result in the airway being shortened; and to Q-176
would result in two route points listed as NAVAIDs being redefined as
waypoints (WPs). To overcome the proposed modifications to the affected
ATS routes, instrument flight rules (IFR) traffic could use portions of
adjacent ATS routes, including J-8, J-18, J-26, J-96, J-168, and Q-176
in the high altitude enroute structure and V-10, V-17, V-81, and V-190
in the low altitude enroute structure, or receive air traffic control
(ATC) radar vectors to fly around or through the affected area.
Additionally, pilots equipped with RNAV capabilities could also
navigate point to point using the existing NAVAIDs and fixes that would
remain in place to support continued operations though the affected
area. Visual flight rules (VFR) pilots who elect to navigate via the
affected ATS routes could also take advantage of the adjacent ATS
routes or ATC services listed previously.
    Further, the FAA proposes to establish RNAV route T-418 between the
Lamar, CO, VOR/DME and Mitbee, OK, VORTAC and T-431 between the KENTO,
NM, WP being established in northeastern New Mexico and the RREDD, KS,
WP being established in the vicinity of the Makato, KS, VORTAC. The new
T-routes would, in part, mitigate the proposed removal of airway
segments affected by the planned Liberal VOR decommissioning, reduce
ATC sector workload and complexity, and reduce pilot-to-controller
communication. The new routes would also increase NAS capacity in the
route's vicinity and assist ATC when non-radar procedures are required
due to frequent radar outages west of the Liberal, KS, VORTAC. Finally,
the new T-routes would provide airspace users equipped with RNAV ATS
routes that support the FAA's NextGen efforts to modernize the NAS
navigation system from a ground-based system to a satellite-based
system.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend Jet
Routes J-19, J-20, J-52, J-98, J-134, and J-231; amend RNAV route Q-
176; amend VOR Federal airways V-210, V-234, V-304, V-350, and V-507;
and establish RNAV routes T-418 and T-431 due to the planned
decommissioning of the Liberal, KS, VOR. The proposed ATS route actions
are described below.
    J-19: J-19 currently extends between the Phoenix, AZ, VORTAC and
the Northbrook, IL, VOR/Distance Measuring Equipment (VOR/DME). The FAA
proposes to remove the route segment between the Phoenix, AZ, VORTAC
and the St. Louis, MO, VORTAC. The route segment between the Phoenix,
AZ, VORTAC and the Zuni, NM, VORTAC is proposed to be removed as it
overlaps J-244, which will remain. The route segment between the Zuni,
NM, VORTAC and the Fort Union, NM, VORTAC is proposed to be removed
since J-244 provides a shorter, more efficient routing between the two
NAVAIDs, as well as, the portion of that route segment between the
intersection of the Zuni, NM, VORTAC 059[deg] and Fort Union, NM,
VORTAC 268[deg] radials (BUKKO fix) and the Fort Union, NM, VORTAC
overlaps J-8, which will remain. The route segment overlying the
Liberal VORTAC between the Fort Union, NM, VORTAC and the Wichita, KS,
VORTAC is proposed to be removed due to the planned Liberal VOR
decommissioning. Finally, the route segment between the Wichita, KS,
VORTAC and the St. Louis, MO, VORTAC is proposed to be removed as it
overlaps J-134 completely and J-110 between the Butler, MO, VORTAC and
St. Louis, MO, VORTAC. The unaffected portions of the existing route
would remain as charted.
    J-20: J-20 currently extends between the Seattle, WA, VORTAC and
the Montgomery, AL, VORTAC. The FAA proposes to remove the route
segment overlying the Liberal VORTAC between the Lamar, CO, VOR/DME and
the Will Rogers, OK, VORTAC. Additional changes to other portions of
the route have been proposed in a separate NPRM. The unaffected
portions of the existing route would remain as charted.
    J-52: J-52 currently extends between the Vancouver, BC, Canada VOR/
DME and the Vulcan, AL, VORTAC; and between the intersection of the
Columbia, SC, VORTAC 042[deg] and Flat Rock, VA, VORTAC 212[deg]
radials (TUBAS fix) and the Richmond, VA, VORTAC. The portion within
Canada is excluded. The FAA proposes to remove the route segment
overlying the Liberal VORTAC between the Lamar, CO, VOR/DME and the
Ardmore, OK, VORTAC. The unaffected portions of the existing route
would remain as charted.
    J-98: J-98 currently extends between the Liberal, KS, VORTAC and
the Farmington, MO, VORTAC. The FAA proposes to remove the route
segment overlying the Liberal VORTAC between the Liberal, KS, VORTAC
and the Mitbee, OK, VORTAC. The unaffected portions of the existing
route would remain as charted.
    J-134: J-134 currently extends between the Los Angeles, CA, VORTAC
and the Falmouth, KY, VOR/DME. The FAA proposes to remove the route
segment overlying the Liberal VORTAC between the Cimarron, NM, VORTAC
and the Wichita, KS, VORTAC. The unaffected portions of the existing
route would remain as charted.

    J-231: J-231 currently extends between the Twentynine Palms, CA,
VORTAC and the Liberal, KS, VORTAC. The FAA proposes to remove the
route segment overlying the Liberal VORTAC between the Anton Chico, NM,
VORTAC and Liberal, KS, VORTAC. The unaffected portions of the existing
route would remain as charted.
    Q-176: Q-176 currently extends between the Cimarron, NM, VORTAC and
the OTTTO, VA, WP. The FAA proposes to replace the Liberal, KS, VORTAC
and the Wichita, KS, VORTAC route points with the TOTOE, KS, WP and the
WRIGL, KS, WP, respectively. The two new WPs are being established in
the immediate vicinity of the NAVAIDs they are proposed to replace.
Additionally, the FAA proposes to change the type of the GBEES route
point from ``FIX'' to ``WP'' to match the FAA's aeronautical database
information and charted depiction. The unaffected portions of the
existing route would remain as charted.
    V-210: V-210 currently extends between the Los Angeles, CA, VORTAC
and the Okmulgee, OK, VOR/DME; between the Brickyard, IN, VORTAC and
the Rosewood, OH, VORTAC; and between the Revloc, PA, VOR/DME and the
Yardley, PA, VOR/DME. The FAA proposes to remove the airway segment
overlying the Liberal VORTAC between the Lamar, CO, VOR/DME and the
Will Rogers, OK, VORTAC. The unaffected portions of the existing airway
would remain as charted.
    V-234: V-234 currently extends between the St. Johns, AZ, VORTAC
and the Centralia, IL, VORTAC. The airspace at and above 8,000 feet MSL
between the Vichy, MO, VOR/DME and the intersection of the Vichy, MO,
VOR/DME 091[deg] and St. Louis, MO, VORTAC 171[deg] radials is excluded
when the Meramec Military Operations Area (MOA) is activated by NOTAM.
The FAA proposes to remove the airway segment overlying the Liberal
VORTAC between the Dalhart, TX, VORTAC and the Hutchinson, KS, VOR/DME.
Additionally, the Meramec MOA no longer exists; therefore, the
exclusion language in the airway description would also be removed. The
unaffected portions of the existing airway would remain as charted.
    V-304: V-304 currently extends between the Panhandle, TX, VORTAC
and the Lamar, CO, VOR/DME. The FAA proposes to remove the airway
segment overlying the Liberal VORTAC between the Borger, TX, VORTAC and
the Lamar, CO, VOR/DME. Additional changes to other portions of the
route have been proposed in a separate NPRM which would result in the
proposed removal of V-304 in its entirety.
    V-350: V-350 currently extends between the Liberal, KS, VORTAC and
the Chanute, KS, VORTAC. The airspace at and above 6,000 feet MSL from
8 NM to 54 NM west of Chanute VOR is excluded when the Eureka High MOA
is activated. The FAA proposes to remove the airway segment overlying
the Liberal VORTAC between the Liberal, KS, VORTAC and the Wichita, KS,
VORTAC. The unaffected portions of the existing airway would remain as
charted.
    V-507: V-507 currently extends between the Ardmore, OK, VORTAC and
the Garden City, KS, VORTAC. The FAA proposes to remove the airway
segment overlying the Liberal VORTAC between the Mitbee, OK, VORTAC and
the Garden City, KS, VORTAC. The unaffected portions of the existing
airway would remain as charted.
    T-418: T-418 is a new RNAV route proposed to extend between the
Lamar, CO, VOR/DME and the Mitbee, OK, VORTAC. This new T-route would
mitigate the proposed removal of the V-210 airway segment between the
Lamar, CO, VOR/DME and Liberal, KS, VORTAC and the proposed removal of
the V-507 airway segment between the Liberal, KS, VORTAC and Mitbee,
OK, VORTAC. The new T-route would provide RNAV routing capability from
the Lamar, CO, area, southeastward to the Gage, OK, area.
    T-431: T-431 is a new RNAV route proposed to extend between two new
WPs being established; the KENTO, NM, WP and the RREDD, KS, WP. This T-
route would provide non-radar routing from northeastern New Mexico
eastward to the Liberal, KS, VORTAC area to address frequent radar
outages and support the general aviation community in the area, as well
as provide RNAV routing between the Liberal, KS, VORTAC area and the
Mankato, KS, VORTAC area. The new T-route would provide RNAV routing
capability from the northeastern New Mexico area northeastward to the
Mankato, KS, area.
    All NAVAID radials listed in the ATS route descriptions below are
unchanged and stated in True degrees.
    Jet Routes are published in paragraph 2004, RNAV Q-routes are
published in paragraph 2006, VOR Federal airways are published in
paragraph 6010(a), and RNAV T-routes are published in paragraph 6011 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The ATS
routes listed in this document would be published subsequently in FAA
Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-19 [Amended]

    From St. Louis, MO; Roberts, IL; to Northbrook, IL.
* * * * *

J-20 [Amended]

    From Seattle, WA; Yakima, WA; Pendleton, OR; Donnelly, ID;
Pocatello, ID; Rock Springs, WY; Falcon, CO; Hugo, CO; to Lamar, CO.
From Will Rogers, OK; Belcher, LA; Magnolia, MS; Meridian, MS; to
Montgomery, AL.
* * * * *

J-52 [Amended]

    From Vancouver, BC, Canada; Spokane, WA; Salmon, ID; Dubois, ID;
Rock Springs, WY; Falcon, CO; Hugo, CO; to Lamar, CO. From Ardmore,
OK; Texarkana, AR; Sidon, MS; Bigbee, MS; to Vulcan, AL. From INT
Columbia, SC, 042[deg] and Flat Rock, VA, 212[deg] radials; Raleigh-
Durham, NC; to Richmond, VA. The portion within Canada is excluded.
* * * * *

J-98 [Amended]

    From Mitbee, OK; Will Rogers, OK; Tulsa, OK; Springfield, MO; to
Farmington, MO.
* * * * *

J-134 [Amended]

    From Los Angeles, CA; Seal Beach, CA; Thermal, CA; Parker, CA;
Drake, AZ; Gallup, NM; to Cimarron, NM. From Wichita, KS; Butler,
MO; St Louis, MO; to Falmouth, KY.
* * * * *

J-231 [Amended]

    From Twentynine Palms, CA; INT Twentynine Palms 075[deg] and
Drake, AZ, 262[deg] radials; Drake; INT Drake 111[deg] and St.
Johns, AZ, 268[deg] radials; St. Johns; to Anton Chico, NM.
* * * * *

2006 United States Area Navigation Routes.

* * * * *

Q-176 Cimarron, NM (CIM) to OTTTO, VA [Amended]
Cimarron, NM (CIM)              VORTAC             (Lat. 36[deg]29'29.03'' N, long. 104[deg]52'19.20'' W)
KENTO, NM                       WP                 (Lat. 36[deg]44'19.10'' N, long. 103[deg]05'57.13'' W)
TOTOE, KS                       WP                 (Lat. 37[deg]02'40.21'' N, long. 100[deg]58'16.87'' W)
WRIGL, KS                       WP                 (Lat. 37[deg]44'42.79'' N, long. 097[deg]35'02.52'' W)
Butler, MO (BUM)                VORTAC             (Lat. 38[deg]16'19.49'' N, long. 094[deg]29'17.74'' W)
St Louis, MO (STL)              VORTAC             (Lat. 38[deg]51'38.48'' N, long. 090[deg]28'56.52'' W)
GBEES, IN                       WP                 (Lat. 38[deg]41'54.72'' N, long. 085[deg]10'13.03'' W)
BICKS, KY                       WP                 (Lat. 38[deg]38'29.92'' N, long. 084[deg]25'20.82'' W)
Henderson, WV                   (HNN) DME          (Lat. 38[deg]45'14.85'' N, long. 082[deg]01'34.20'' W)
OTTTO, VA                       WP                 (Lat. 38[deg]51'15.81'' N, long. 078[deg]12'20.01'' W)

* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-210 [Amended]

    From Los Angeles, CA; INT Los Angeles 083[deg] and Pomona, CA,
240[deg] radials; Pomona; INT Daggett, CA, 229[deg] and Hector, CA,
263[deg] radials; Hector; Goffs, CA; 13 miles, 23 miles 71 MSL, 85
MSL, Peach Springs, AZ; Grand Canyon, AZ; Tuba City, AZ; 10 miles 90
MSL, 91 miles 105 MSL, Rattlesnake, NM; Alamosa, CO; INT Alamosa
074[deg] and Lamar, CO, 250[deg] radials; 40 miles, 51 miles 65 MSL,
to Lamar. From Will Rogers, OK; INT Will Rogers 113[deg] and
Okmulgee, OK, 238[deg] radials; to Okmulgee. From Brickyard, IN;
Muncie, IN; to Rosewood, OH. From Revloc, PA; INT Revloc 096[deg]
and Harrisburg, PA, 285[deg] radials; Harrisburg; Lancaster, PA; INT
Lancaster 095[deg] and Yardley, PA, 255[deg] radials; to Yardley.
* * * * *

V-234 [Amended]

    From St. Johns, AZ; INT St. Johns 085[deg] and Albuquerque, NM,
229[deg] radials; Albuquerque; INT Albuquerque 103[deg] and Anton
Chico, NM, 249[deg] radials; Anton Chico; to Dalhart, TX. From
Hutchinson, KS; Emporia, KS; Butler, MO; Vichy, MO; INT Vichy
091[deg] and Centralia, IL, 253[deg] radials; to Centralia.
* * * * *

V-304 [Amended]

    From Panhandle, TX; to Borger, TX.
* * * * *

V-350 [Amended]

    From Wichita, KS; to Chanute, KS. The airspace at and above
6,000 feet MSL from 8 NM to 54 NM west of Chanute VOR is excluded
during the time that the Eureka High MOA is activated.
* * * * *

V-507 [Amended]

    From Ardmore, OK; Will Rogers, OK; INT Will Rogers 284[deg] and
Mitbee, OK, 152[deg] radials; to Mitbee.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-418 Lamar, CO (LAA) to Mitbee, OK (MMB) [New]
Lamar, CO (LAA)                 VOR/DME            (Lat. 38[deg]11'49.53'' N, long. 102[deg]41'15.12'' W)
TOTOE, KS                       WP                 (Lat. 37[deg]02'40.21'' N, long. 100[deg]58'16.87'' W)
Mitbee, OK (MMB)                VORTAC             (Lat. 36[deg]20'37.44'' N, long. 099[deg]52'48.44'' W)

* * * * *

T-431 KENTO, NM to RREDD, KS [New]
KENTO, NM                       WP                 (Lat. 36[deg]44'19.10'' N, long. 103[deg]05'57.13'' W)
TOTOE, KS                       WP                 (Lat. 37[deg]02'40.21'' N, long. 100[deg]58'16.87'' W)
MOZEE, KS                       WP                 (Lat. 38[deg]50'51.20'' N, long. 099[deg]16'35.85'' W)
RREDD, KS                       WP                 (Lat. 39[deg]48'22.62'' N, long. 098[deg]15'36.62'' W)

    Issued in Washington, DC, on January 27, 2022.
Michael R. Beckles,
Manager, Rules and Regulations Group.
[FR Doc. 2022-02025 Filed 2-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24615-24616]
[FR Doc No: 2023-08440]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2021-0869; FRL-10916-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Chromium Finishing Industry Data Collection (New)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Chrome Finishing Industry Data
Collection (EPA ICR Number 2723.01, OMB Control Number 2040-NEW) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a request for
approval of a new collection. Public comments were previously requested
via the Federal Register on November 16, 2022 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments.

DATES: Comments may be submitted on or before May 22, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2021-0869, to EPA online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
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FOR FURTHER INFORMATION CONTACT: Dr. Phillip Flanders, Engineering and
Analysis Division, Office of Science and Technology, 4303T,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: This is a request for approval of a new
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required to respond to a collection of information unless it displays a
currently valid OMB control number.
    Public comments were previously requested via the Federal Register
on November 16, 2022 during a 60-day comment period (87 FR 68689). This
notice allows for an additional 30 days for public comments. Supporting
documents which explain in detail the information that the EPA will be
collecting are available in the public docket for this ICR. The docket
can be viewed online at www.regulations.gov or in person at the EPA
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: As mentioned in Effluent Guidelines Program Plan 15,
published in January 2023, EPA plans to conduct a rulemaking to address
Per- and Polyfluoroalkyl Substances (PFAS) discharges from a subset of
facilities in the Metal Finishing and Electroplating point source
categories. Specifically, facilities performing certain chromium
operations that employ hexavalent chromium (hereafter referred to as
``chrome finishing facilities''), including chromium plating, chromium
anodizing, chromic acid etching, and chromate conversion coating that
use or have used PFAS to control hexavalent chromium emissions. These
facilities are expected to be the predominant sources of PFAS
discharges in the Metal Finishing and Electroplating point source
categories. Publicly available data on such facilities, including
whether they perform chrome finishing operations and use and discharge
of PFAS at the national scale, are limited. EPA reviewed the 2017
National Emissions Inventory (NEI), Compliance and Emissions Data
Reporting Interface (CEDRI), Environmental Compliance History Online
(ECHO), and Integrated Compliance Information System (ICIS), as well as
data collected by several state environmental agencies. However, none
of these data sources provide a complete population of chromium
finishing facilities in the United States nor do they provide the
detailed information on specific facility operations (including use of
hexavalent chromium or PFAS), generation and management of wastewater,
or wastewater characteristics necessary for the complex technical and
economic analyses required for the review and development of ELGs.
Therefore, this questionnaire and wastewater sampling program are
necessary for EPA to determine if the current regulations remain
appropriate and to develop new regulations if they are deemed to be
warranted. EPA has identified and compiled mailing addresses for
approximately 2,035 potential chromium finishing facilities in the
United States. All active metal finishing and electroplating facilities
that conduct or have conducted one or more of the specified chromium
finishing operations will be required to complete the questionnaire.
    Form numbers: 6100-079.
    Respondents/affected entities: All chrome finishing facilities in
the U.S. will receive the questionnaire and no

more than 20 facilities will be asked to conduct specific wastewater
sampling.
    Respondent's obligation to respond: Mandatory (Clean Water Act
section 308).
    Estimated number of respondents: 2,035 (total).
    Frequency of response: One-time data collection.
    Total estimated burden: 15,406 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $2,202,613 (per year), which includes $4,805
annualized capital or operation & maintenance costs.
    Changes in the estimates: This is a new data collection request.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-08440 Filed 4-20-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17139-17141]
[FR Doc No: 2015-07332]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0378]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 3
individuals for exemptions from the regulatory requirement that
interstate commercial motor vehicle (CMV) drivers have ``no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause loss of consciousness or any loss of
ability to control a CMV.'' The regulation and the associated advisory
criteria published in the Code of Federal Regulations as the
``Instructions for Performing and Recording Physical Examinations''
have resulted in numerous drivers being prohibited from operating CMVs
in interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner. The Agency concluded that granting exemptions for these CMV
drivers will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. FMCSA
grants exemptions that will allow these 3 individuals to operate CMVs
in interstate commerce for a 2-year period. The exemptions preempt
State laws and regulations and may be renewed.

DATES: The exemptions are effective March 31, 2015. The exemptions
expire on March 31, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period.
    FMCSA grants 3 individuals an exemption from the regulatory
requirement in section 391.41(b)(8), to allow these individuals who
take anti-seizure medication to operate CMVs in interstate commerce for
a 2-year period. The Agency's decision on these exemption applications
is based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s), the
length of time elapsed since the individual's last seizure, and each
individual's treatment regimen. In addition, the Agency reviewed each
applicant's driving record found in the Commercial Driver's License
Information System (CDLIS) \1\ for commercial driver's license (CDL)
holders, and interstate and intrastate inspections recorded in Motor
Carrier Management Information System (MCMIS).\2\ For non-CDL holders,
the Agency reviewed the driving records from the State licensing
agency. The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers covered by the exemptions granted here have
demonstrated that they are unlikely to have a seizure and their medical
condition does not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------

    In reaching the decision to grant these exemption requests, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).
The Agency previously gathered evidence for potential changes to the
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review
of scientific literature that was compiled into the

``Evidence Report on Seizure Disorders and Commercial Vehicle Driving''
(Evidence Report) [CD-ROM HD TL230.3 .E95 2007]. The Agency then
convened a panel of medical experts in the field of neurology (the MEP)
on May 14-15, 2007, to review 49 CFR 391.41(b)(8) and the advisory
criteria regarding individuals who have experienced a seizure, and the
2007 Evidence Report. The Evidence Report and the MEP recommendations
are published on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the
docket for this notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\3\ The MEP
recommendations are included in previously published dockets.
---------------------------------------------------------------------------

    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
---------------------------------------------------------------------------

    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; and by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes, or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.
    The MEP report indicates individuals with moderate to high-risk
conditions should not be certified. Drivers with a history of a single
provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that ``drivers
with a history of epilepsy/seizures off anti-seizure medication and
seizure-free for 10 years may be qualified to drive a CMV in interstate
commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a CMV in interstate commerce if
seizure-free and off anti-seizure medication for a 5 year period or
more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes relevant current medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use the 2007
MEP recommendations as the basis for evaluating applications for an
exemption from the seizure regulation on an individual, case-by-case
basis.

C. Exemptions

    Following individualized assessments of the exemption applications,
including a review of detailed follow-up information requested from
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8)
to 3 individuals. Under current FMCSA regulations, all of the 3 drivers
receiving exemptions from 49 CFR 391.41(b)(8) would have been
considered physically qualified to drive a CMV in interstate commerce
except that they presently take or have recently stopped taking anti-
seizure medication. For these 3 drivers, the primary obstacle to
medical qualification was the FMCSA Advisory Criteria for Medical
Examiners, based on the 1988 ``Conference on Neurological Disorders and
Commercial Drivers,'' stating that a driver should be off anti-seizure
medication in order to drive in interstate commerce. In fact, the
Advisory Criteria have little if anything to do with the actual risk of
a seizure and more to do with assumptions about individuals who are
taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant,
FMCSA evaluated the crash and violation data for the 3 drivers, some of
whom currently drive a CMV in intrastate commerce. The CDLIS and MCMIS
were searched for crash and violation data on the 3 applicants. For
non-CDL holders, the Agency reviewed the driving records from the State
licensing agency.
    These exemptions are contingent on the driver maintaining a stable
treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free. The driver must undergo an
annual medical examination by a medical examiner, as defined by 49 CFR
390.5, following the FCMSA's regulations for the physical
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested
public comment during a 30-day public comment period in a Federal
Register notice for each of the applicants. A short summary of the
applicants' qualifications and a discussion of the comments received
follows this section. For applicants who were denied an exemption, a
notice will be published at a later date.

D. Comments

Docket # FMCSA-2014-0378

    On October 27, 2014, FMCSA published a notice of receipt of
exemption applications and requested public comment on six individuals
(79 FR 64003; Docket number FMCSA-2014-25450). The comment period ended
on November 26, 2014. Three commenters responded to this notice. Bobby
Shane Walker, an applicant in this notice, expressed support for his
health status and driving safety. He provided details about his most
recent driving accident. An anonymous commenter submitted details
involving Bobby Shane Walker's recent driving accident and provided the
driving accident report. Bob Johnson expressed support for the Epilepsy
standard because it will save lives and benefit our citizens. Of the
six applicants, three were denied. The Agency has determined that the
following three applicants should be granted an exemption.

James Connelly

    Mr. Connelly is a 60 year-old class B CDL holder in New Jersey. He
has a history of seizures and has remained seizure free since 2000. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted an exemption, he would like to
drive a CMV. His physician states he is supportive of Mr. Connelly
receiving an exemption.

Timothy C. Marrill

    Mr. Marrill is a 48 year-old class A CDL holder in Missouri. He has
a history of epilepsy and has remained seizure free since 1995. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over two years. If granted an exemption, he would like to
drive a CMV. His physician states he is supportive of Mr. Marrill
receiving an exemption.

John Rinkema

    Mr. Rinkema is a 64 year-old driver in Illinois. He has a history
of seizures and has remained seizure free since 1968. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time since 2004. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Rinkema
receiving an exemption.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. Without the exemption,
applicants will continue to be restricted to intrastate driving. With
the exemption, applicants can drive in interstate commerce. Thus, the
Agency's analysis focuses on whether an equal or greater level of
safety is likely to be achieved by permitting each of these drivers to
drive in interstate commerce as opposed to restricting the driver to
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49
CFR 391.41(b)(8), to 3 individuals based on a thorough evaluation of
each driver's safety experience, and medical condition. Safety analysis
of information relating to these 3 applicants meets the burden of
showing that granting the exemptions would achieve a level of safety
that is equivalent to or greater than the level that would be achieved
without the exemption. By granting the exemptions, the interstate CMV
industry will gain 3 highly trained and experienced drivers. In
accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for
2 years, with annual recertification required unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.
    FMCSA exempts the following 3 drivers for a period of 2 years with
annual medical certification required: James Connelly (NJ); Timothy
Merrill (MO); and John Rinkema (IL) from the prohibition of CMV
operations by persons with a clinical diagnosis of epilepsy or
seizures. If the exemption is still in effect at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: March 20, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07332 Filed 3-30-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Page 76172]
[FR Doc No: 2011-31282]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4045-DR; Docket ID FEMA-2011-0001]

Virginia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Virginia (FEMA-4045-DR), dated
November 17, 2011, and related determinations.

DATES: Effective Date: November 17, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 17, 2011, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Virginia resulting from the Remnants of Tropical
Storm Lee during the period of September 8-9, 2011, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the Commonwealth of Virginia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Donald L. Keldsen, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Virginia have been
designated as adversely affected by this major disaster:

    Caroline, Essex, Fairfax, King and Queen, King George, Prince
William, and Westmoreland and the independent City of Alexandria for
Public Assistance.
    All counties and independent cities in the Commonwealth of
Virginia are eligible to apply for assistance under the Hazard
Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-31282 Filed 12-5-11; 8:45 am]
BILLING CODE 9111-23-P