[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28343-28346]
[FR Doc No: 2018-12985]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-
2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017; FMCSA-
2016-0040; FMCSA-2016-0041; FMCSA-2016-0042]

Qualification of Drivers; Exemption Applications; Diabetes

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 264
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before July 18,
2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0083; FMCSA-2010-0115;
FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-2014-0016;
FMCSA-2014-0017; FMCSA-2016-0040; FMCSA-2016-0041; FMCSA-2016-0042
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], 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 5:30
p.m., e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years 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 five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.
    The 264 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), 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 two-year period.

II. 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, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 264 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (75 FR 25919; 75 FR 28677;
75 FR 34206; 75 FR 38597; 75 FR 38598; 75 FR 44049; 77 FR 33551; 77 FR
33554; 77 FR 43417; 77 FR 43901; 79 FR 29484; 79 FR 35844; 79 FR 42628;
79 FR 51223; 81 FR 40746; 81 FR 42035; 81 FR 42044; 81 FR 59725; 81 FR
59726; 81 FR 62793; 81 FR 92949). They have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous
two-year exemption period. 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 of these drivers for a period of two 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, the following
groups of drivers received renewed exemptions in the month of July and
are discussed below:
    As of July 2, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 28 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 25919; 75 FR
28677; 75 FR 38597; 75 FR 38598; 81 FR 92949):

Spencer W. Alexander (UT)
Cody R. Anderson (MT)
Joseph P. Beagan (RI)
Brian C. Blevins (VA)
John M. Charlton (UT)
Stuart A. Dietz (KS)
Michael G. Eikenberry (IN)
Francisco K. Gallardo (AZ)
Devin S. Gibson (UT)
Jason C. Green (MS)
Kimmy D. Hall (AR)
Edward G. Harbin (AR)
Lewis M. Hendershott (NJ)
Mark E. Henning (NY)

Christopher M. Hultman (WI)
Duane K. Kohls (MN)
John F. Lohmuller (IN)
Jerry A. McMurdy (PA)
Steven L. Miller (ND)
H.A. Miller (OR)
Andrew D. Monson (MN)
Timothy J. Nowak (FL)
Peter J. Pendola (VA)
Ross R. Romano (MI)
Jason D. Sweet (CA)
Robert M. Thomson (IL)
James P. Tomasik (PA)
Joseph H. Watkins (IN)

    The drivers were included in docket numbers FMCSA-2010-0083; FMCSA-
2010-0115. Their exemptions are applicable as of July 2, 2018, and will
expire on July 2, 2020.
    As of July 22, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 29 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR
42628; 81 FR 92949):

Curtis D. Andersen (MT)
Thomas E. Armbrust (IL)
Michael A. Barrett (MI)
Richard K. Cressman (ND)
Steven W. Dahl (ND)
Shannon D. Eck (KS)
Manuel Fernandez (PA)
Kevin J. Franje (IA)
Jared P. Greene (OH)
Michael L. Jobe (PA)
Edwin P. Jonas, II (PA)
John J. Katcher (CO)
Glenn T. Keller (PA)
Michael G. Keller (CA)
Jay T. Kirschmann (ND)
James L. Laufenberg (ND)
Erik M. Mardesen (IA)
Pedro Saavedra Garcia (CA)
Jerry J. Shipley (KS)
Glenn A. Skonberg (SD)
Douglas R. Smith (KS)
Cheryl G. Stephens (DE)
Martin T. Struthers (NE)
Dennis C. Svec (MI)
Larry L. Taff (AR)
Filbert J. Torres (NM)
Burdette Walker (PA)
Harold W. Wilson, Jr. (SC)
Ronald D. Young (GA)

    The drivers were included in docket number FMCSA-2014-0016. Their
exemptions are applicable as of July 22, 2018, and will expire on July
22, 2020.
    As of July 23, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 53 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 40746; 81 FR
59726):

Michael J. Andries (WI)
Appiah T. Ankrah (MA)
Gregory P. Austin (CA)
David F. Banko (CO)
John T. Bardin (NY)
Joseph Berta IV (OK)
John C. Birmingham (IA)
Robert G. Canelo (NM)
Christoph A. Chiappa (NJ)
Johnny L. Cloy (TN)
Jon W. Collett (OH)
Joel A. Cote (ME)
Donald E. Cowell (CA)
Raymond J. Crosbie (NH)
Kenneth Dennis (KY)
Robert D. Diefenbaugh (NE)
William J. Gangloff (NY)
Phillip J. Guidice (WA)
Darin K. Hansen (IA)
William M. Haralson (TN)
Alejandro R. Hernandez (FL)
Stephen R. Hill (PA)
Jon W. Jernigan (OK)
Mark A. Johnston (PA)
Denise D. Johnston (IA)
Zachary J. F. Kinsey (CA)
Jongsub Lee (PA)
Ramon Lopez (TX)
David C. Love (IL)
Billy J. McNealy (MO)
Carlos Medellin (TX)
Samuel B. Morris (MN)
Bryan C. Mullins (TX)
Zachary Nechi (IL)
Toriano T. Neely (AL)
Orlando Padilla (TX)
Michael P. Pattie (RI)
Brian K. Porter (KY)
Oscar L. Quezada (CA)
Walter D. Richardson (MA)
Tracy A. Rowland (WA)
Michael J. Russell (MA)
Jeffrey M. Sandler (CA)
Paul A. Schaus (IL)
Lloyd E. Schrunk (MN)
Burton D. Shellabarger (IA)
John M. Suttles (OH)
John R. Tupper (ID)
Thomas W. Upton (NY)
James M. Walsh (WI)
Billy J. Webb, Jr. (MS)
Steven R. Williams (MO)
James A. Yates (IA)

    The drivers were included in docket number FMCSA-2016-0040. Their
exemptions are applicable as of July 23, 2018, and will expire on July
23, 2020.
    As of July 24, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 33554; 77 FR
43417; 81 FR 92949):

Tony O. Billman (PA)
Tracy M. Dowton (MT)
Anil D. Gharmalker (KS)
Larry A. Hamilton (MO)
Allen K. Kates (NJ)
Victor C. Port (ND)
Jeffrey A. Ryan (IA)
James H. Stichberry, Jr. (MD)
John F. Watson (IN)
Melvin E. Welch (NJ)
Leroy R. Wille (IA)

    The drivers were included in docket number FMCSA-2012-0109. Their
exemptions are applicable as of July 24, 2018, and will expire on July
24, 2020.
    As of July 25, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 44 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 35844; 79 FR
51223; 81 FR 92949):

John H. Ascheman (MN)
Alan F. Brown, Jr. (IN)
Theodore W. Burnette (CA)
John Canal (NY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliott (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
Darrell S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Marvin S. Howard (OH)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)
Thomas J. Manning (MN)
Steve A. Meharry (WA)
Robert A. Miller, Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Colin R. Parmelee (IN)
Matthew P. Sczpanski (OH)
Anthony S. Sobreiro (NJ)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Johnathan D. Truitt (IL)
Rylan P. Wheeler (IL)
Kelly L. Whitley (NC)
Michelle L. York (WA)

    The drivers were included in docket number FMCSA-2014-0017. Their
exemptions are applicable as of July 25, 2018, and will expire on July
25, 2020.

    As of July 26, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 33551; 77 FR
43901; 81 FR 92949):

Larry J. Anderson (MN)
Wade D. Calvin (WA)
Carl A. Candelaria (NM)
Owen R. Dossett (AL)
Jennifer A. Ferguson (SC)
Michael E. Fritz (NV)
Lee A. Haerterich (WI)
Eric W. Holland (CO)
Richard P. Holmen (MN)
Paul A. Lacina (ND)
Bradley J. Moore (MO)
Ross W. Petermann (MN)
Curtis J. Young (FL)

    The drivers were included in docket number FMCSA-2012-0108. Their
exemptions are applicable as of July 26, 2018, and will expire on July
26, 2020.
    As of July 27, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 34206; 75 FR
44049; 81 FR 92949):

Clinton R. Carlson II (RI)
Brandon L. Cheek (NC)
Richard A. Dufton, Jr. (NH)
Kenneth Dunn (IN)
Robert J. Dyxin (IL)
Michael H. Hayden (NY)
John T. Jones (OK)
Blake A.S. Keeten (NE)
Randall L. Koegel (NY)
Worden T. Price (NC)
Gary L. Sager (IL)
Darrel D. Schroeder (KS)

    The drivers were included in docket number FMCSA-2010-0138. Their
exemptions are applicable as of July 27, 2018, and will expire on July
27, 2020.
    As of July 29, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 74 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 42035; 81 FR
42044; 81 FR 59725; 81 FR 62793):

Scott D. Allen (NE)
Scott R. Bailey (MA)
Michael J. Beaver (MN)
Casey G. Bergman (MN)
Gary R. Butts (NY)
Christopher D. Chapman (IA)
Robert J. Chapman (OH)
Carey P. Cole (PA)
Steven A. Crain (LA)
Phillip Daquila III (IL)
Paul J. Dematas (NY)
Kirk A. Erickson (MN)
Raymond E. Fisher, Jr. (PA)
Richard M. Frostig (CT)
Jason L. Garrett (TX)
Faustino P. Garza (TX)
Lawrence M. Gates (NY)
Alva E. Gladney (LA)
Robert D. Golding (NM)
John J. Gonzalez (CT)
Bruce E. Gusler (NH)
James M. Haight (NC)
Bradley T. Hall (AL)
Travis L. Handy (DE)
William C. Higgins (NC)
David R. Hodge (MI)
Paul D. Hollenbeck (UT)
Jame Holman (PA)
Kevin R. Holz (MN)
Brian J. Hurley (IL)
Willis A. Jergenson (IA)
Steven C. Jordan, Jr. (MD)
Kevin M. Krug (IN)
Duane A. Leazott (MN)
Robert A. Lewis (PA)
Brian C. Link (NY)
Bruce A. Mattison (WA)
James K. Medeiros (RI)
Richard E. Mellors (NY)
Gregory S. Montierth (CA)
Daniel M. Mulligan (NJ)
John N. Mulready (MA)
Colton J. Nefzger (ND)
Jerry L. Niichel (IA)
Donald S. Oakes (PA)
Dorian T. Papazikos (AL)
Ardell Parks (IL)
Terry D. Paxton (PA)
Carson A. Penny (CA)
Lawrence C. Powers (MI)
Reynier Prieto (FL)
Charles V. Radford, Jr. (NC)
David E. Roth (MN)
Kenneth R. Schleppy (PA)
John J. Shedlock (PA)
Jonathan W. Simoneau (NH)
Malcom D. Small (TX)
Russell F. Smith (PA)
Trenton W. Socha (TX)
Edward D. Sprague (WI)
Carla J. Stafford (TN)
Kenneth R. Stephenson (TX)
Jeffrey S. Toler (IN)
Luis M. Torres (CT)
Lyle D. Tunink (IA)
Fasitupe Tupuola (CA)
Louis D. Valente (MA)
Robert L. Westergaard (NJ)
James A. Wiggins (OK)
Reed R. Wilken (IL)
Mark A. Williams (IN)
Robert A. Yerges (WI)
Abraham K. Yohannan (NY)
Kyle S. Yount (KY)

    The drivers were included in docket numbers FMCSA-2016-0041; FMCSA-
2016-0042. Their exemptions are applicable as of July 29, 2018, and
will expire on July 29, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must submit an annual ophthalmologist's
or optometrist's report; and (4) 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 in his/her driver's
qualification file if he/she 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.

V. 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.

VI. Conclusion

    Based upon its evaluation of the 264 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-12985 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Notices]
[Page 62583-62584]
[DOCID:fr21oc08-125]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: 2006-25867]

Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Receipt of Application of Chicago Midway
International Airport, Chicago, Illinois; Commencement of 60-Day Public
Review and Comment Period; Notice of Public Meeting.

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

SUMMARY: The Federal Aviation Administration (FAA) received the final
application from the City of Chicago for the participation of Chicago
Midway International Airport (MDW) in the Airport Privatization Pilot
Program and has determined that the final application is substantially
complete and accepted for review. The FAA is seeking information and
comments from interested parties on the final application. In
furtherance of this effort, a public meeting will be held Saturday,
November 8, 2008.
    Title 49 U.S.C. section 47134 establishes an airport privatization
pilot program and authorizes the Department of Transportation to grant
exemptions from certain Federal statutory and regulatory requirements
for up to five airport privatization projects. The application
procedures require the FAA to publish a notice of receipt of the final
application in the Federal Register and accept public comment on the
final application for a period of 60 days.

DATES: Comments must be received by December 22, 2008. Comments that
are received after that date will be considered only to the extent
possible.

Comments Invited

    On Saturday, November 8, 2008, the Department of Transportation,
Federal Aviation Administration, will conduct a public meeting to
receive oral comments about the Chicago Midway final application; the
Transportation Security Administration will also be participating.
    The meeting will be held at The Marriott Chicago Midway, Midway
Hotel Center, 65th and Cicero, Bedford Park, Illinois, 10 a.m. to 3
p.m.
    Individuals wishing to address the Federal panel can sign up at the
public meeting beginning at 9:30 a.m. The Federal panel will begin
accepting comments at 10 a.m.

ADDRESSES: You may also send written comments by any of the following
methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    You must identify the docket number ``FAA Docket No 2006-25867'' at
the beginning of your comments.

Examining the Application

    The final application has been filed under FAA Docket Number 2006-
25867. You may examine the final application on the Internet at http://
www.regulations.gov or on the FAA's Web site http://www.faa.gov or in
person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Dockets Operations
Office<PHONE_NUMBER>) is located at the U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001. The Docket contains the
preliminary and final applications, the agreements, any comments
received and other information. The City of Chicago has also made
copies of the final application available at the following locations:
    Harold Washington Library Center, Government Publications Division
(5th Floor), 400 S. State Street, Chicago, IL 60605,<PHONE_NUMBER>.
Monday through Thursday, 9 a.m. to 9 p.m. Friday/Saturday, 9 a.m. to 5
p.m. Sunday, 1 p.m. to 5 p.m.
    Archer Heights Library, Front Desk, 5055 S. Archer Avenue, Chicago,
IL 60632,<PHONE_NUMBER>. Monday through Thursday, 9 a.m. to 9 p.m.
Friday/Saturday, 9 a.m. to 5 p.m. Closed Sunday.
    West Lawn Library, Front Desk, 4020 W. 63rd Street, Chicago, IL
60629,<PHONE_NUMBER>. Monday through Thursday, 9 a.m. to 9 p.m.
Friday/Saturday, 9 a.m. to 5 p.m. Closed Sunday http://
www.ChicagoPublicLibrary.org.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Compliance
Specialist, Airport Compliance Division, ACO-100, Office of Airport
Compliance and Field Operations, Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Title 49 of the U.S. Code Section 47134
authorizes

the Secretary of Transportation, and through delegation, the FAA
Administrator, to exempt a sponsor of a public use airport that has
received Federal assistance, from certain Federal requirements in
connection with the privatization of the airport by sale or lease to a
private party. Specifically, the Administrator may exempt the sponsor
from all or part of the requirements to use airport revenues for
airport-related purposes, to pay back a portion of Federal grants upon
the sale of an airport, and to return airport property deeded by the
Federal Government upon transfer of the airport. The Administrator is
also authorized to exempt the private purchaser or lessee from the
requirement to use all airport revenues for airport-related purposes,
to the extent necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
    On September 16, 1997, the Federal Aviation Administration issued a
notice of procedures to be used in applications for exemption under
Airport Privatization Pilot Program (Notice of final application
procedures for the Airport Privatization Pilot program: Application
Procedures, 62 FR 48693-48708 (September 16, 1997) (Notice) (as
modified, 62 FR 63211, Nov. 26, 1997). A request for participation in
the Pilot Program must be initiated by the filing of either a
preliminary or final application for exemption with the FAA.
    The City of Chicago submitted a preliminary application to the
Airport Privatization Pilot Program for Chicago Midway International
Airport on September 14, 2006, the filing date of the preliminary
application. The preliminary application was posted on the Docket
Management System (now Regulations.gov) on September 15, 2006 at Docket
No. 2006-25867 and readily available for public review. On October 3,
2006, the FAA informed the City that the application met the procedural
requirements for participation in the airport privatization pilot
program. This letter, posted on the Docket Management System on October
10, 2006, advised the City that the FAA accepted the application for
review and that the City may select a private operator, negotiate an
agreement and submit a final application to the FAA.
    On October 14, 2008, the City of Chicago filed its final
application. The City selected Midway Investment and Development
Company LLC (``MIDCo'') to operate the Airport under a 99-year lease.
The City will receive $2.521 billion upon signing the lease. In the
final application, the City requested an exemption under 49 U.S.C.
section 47134(b)(1) to permit the City to use revenue from the lease of
airport property for non-airport purposes and under 49 U.S.C. section
47134(b)(2) to forego the repayment of Federal grants; and MIDCo
requested an exemption under 49 U.S.C. section 47134(b)(3) to permit
MIDCo to earn compensation from the operation of the airport.
    The purpose of the public meeting scheduled for Saturday, November
8, 2008, is to accept oral comments on the Chicago Midway final
application for inclusion in Docket No. 2006-25867. The meeting will be
recorded by a court reporter. A transcript of the meeting and any
material accepted by the panel during the meeting will be included in
the public docket. The Federal panel will not be able to discuss the
application or the pending agency decision because the Midway final
application is presently before the agency for a decision. Sign and
oral interpretation can be made available at the meeting, if requested
10 calendar days before the meeting. The Federal panel will begin
accepting comments at 10 a.m.
    The FAA has determined that the application is substantially
complete. As part of its review of the final application, the FAA will
consider all comments and written information submitted by interested
parties during the 60-day comment period for this notice.

    Issued in Washington, DC, on October 16, 2008.
Randall Fiertz,
Director, Office of Airport Compliance and Field Operations.
[FR Doc. E8-25050 Filed 10-20-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22788-22789]
[FR Doc No: 2013-09068]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2011-0542; FRL-9803-6]

Supplemental Determination for Renewable Fuels Produced Under the
Final RFS2 Program From Grain Sorghum; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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

SUMMARY: In the December 17, 2012 Federal Register, EPA published a
final rule that determines that grain sorghum ethanol qualifies as a
renewable fuel under the RFS Program based on a lifecycle greenhouse
gas analysis for grain sorghum ethanol. This action corrects
typographical errors contained in the December 17, 2012, final rule.

DATES: Effective on April 17, 2013.

FOR FURTHER INFORMATION CONTACT: Jefferson Cole, Office of
Transportation and Air Quality, Transportation and Climate Division,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460 (MC: 6041A); telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This action corrects typographical errors in
the regulatory text section of the final rule published on December 17,
2012. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. There is good cause for
making this action final without prior proposal and opportunity for
comment because the changes to this rule are minor corrections of
typographical errors, are noncontroversial, and do not substantively
change the agency actions taken in the final rule. Notice and comment
is unnecessary, because these changes do not affect the rights or
obligations of outside parties, and do not alter the requirements of
the regulations published on December 17, 2012, except to the extent
that the regulatory provisions are amended to correct typographical
errors. We find that this constitutes good cause under 5 U.S.C.
553(b)(B). Section 307(d) of the CAA states that in the case of any
rule to which section 307(d) applies, notice of proposed rulemaking
must be published in the Federal Register (CAA Sec.  307(d)(3)). The
promulgation or revision of regulations for fuels or fuel additives
under section 211 of the CAA is generally subject to section 307(d).
However, section 307(d) does not apply to any rule referred to in
subparagraphs (A) or (B) of section 553(b) of the APA.
    Specifically, EPA is correcting the final rule to indicate that the
recordkeeping requirements for the grain sorghum ethanol pathway
regulatory text in 40 CFR Section 80.1454(k)(1) should reference 40 CFR
80.1454 (f)(10) rather than (f)(1). See 77 FR 74592. In addition, EPA
is amending 40 CFR 80.1454(k)(2) to include non-substantive
introductory text mistakenly omitted from the final rule.
    EPA also finds that there is good cause under APA section 553(d)(3)
for these corrections to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action merely corrects non-substantive errors
in the regulatory text of a prior rulemaking. For these reasons, EPA
finds good cause under APA section 553(d)(3) for these corrections to
become effective on the date of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order (EO) 12866, Regulatory Planning and Review
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget (OMB). The corrections do not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of the
UMRA.
    The corrections do not have substantial direct effects on the
states, or on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in EO 13132, Federalism (64
FR 43255, August 10, 1999).
    This action also does not significantly or uniquely affect the
communities of tribal governments, as specified by EO 13175,
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000). The corrections also are not subject to EO
13045, Protection of Children from Environmental Health and Safety
Risks (62 FR 19885, April 23, 1997) because this action is not
economically significant.
    The corrections are not subject to EO 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) because this action is not a
significant regulatory action under EO 12866.

    The corrections do not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
    The corrections also do not involve special consideration of
environmental justice-related issues as required by EO 12898, Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. A major rule cannot take effect until 60
days after it is published in the Federal Register. EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Agriculture, Air pollution control, Confidential business information,
Diesel fuel, Energy, Forest and forest products, Fuel additives,
Gasoline, Imports, Labeling, Motor vehicle pollution, Penalties,
Petroleum, Reporting and recordkeeping requirements.

    Dated: April 8, 2013.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.

    40 CFR part 80 is amended as follows:

PART 80--[AMENDED]

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521(1) and 7601(a).

0
2. Section 80.1454 (k)(1) introductory text and (k)(2) introductory
text are revised to read as follows:

Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

* * * * *
    (k)(1) Biogas and electricity in pathways involving feedstocks
other than grain sorghum. A renewable fuel producer that generates RINs
for biogas or electricity produced from renewable biomass (renewable
electricity) for fuels that are used for transportation pursuant to
Sec.  80.1426(f)(10) and (11), or that uses process heat from biogas to
generate RINs for renewable fuel pursuant to Sec.  80.1426(f)(12) shall
keep all of the following additional records:
* * * * *
    (2) Biogas and electricity in pathways involving grain sorghum as
feedstock. A renewable fuel producer that produces fuel pursuant to a
pathway that uses grain sorghum as a feedstock shall keep all of the
following additional records, as appropriate:
* * * * *
[FR Doc. 2013-09068 Filed 4-16-13; 8:45 am]
BILLING CODE 6560-50-P


Page 1 of 6 IUR Petition Review Report April 25, 2005 CASRNs and TSCA Inventory Chemical Names: 96 10 6 aluminum, chlorodiethyl 97 93 8 aluminum, triethyl 100 99 2 aluminum, tris( 2 methylpropyl) 563 43 9 aluminum, dichloroethyl 1070 00 4 aluminum, trioctyl 1116 70 7 aluminum, tributyl 1116 73 0 aluminum, trihexyl 1191 15 7 aluminum, hydrobis( 2 methylpropyl) 12075 68 2 aluminum, di. mu. chlorochlorotriethyldi 12542 85 7 aluminum, trichlorotrimethyldi

Petitioner and Petition Docket Number: Albemarle Corporation OPPT 2004 0048 Note: This petition contained additional chemicals. These additional chemicals are addressed in other petition review reports.

Summary of Decision: The petition review group recommends a grant for this petition as EPA has, at this time, a low current interest in the processing and use information collected under the Inventory Update Reporting ( IUR) rule ( see 40 CFR Part 710) for the ten substances listed above. This recommendation is based primarily on Considerations B, C, and E. The reporting of manufacturing information will continue to be required for these substances.

A Federal Register ( FR) direct final rulemaking to add these chemicals to the partial exemption will be published. The final listing decision is pending, based on responses to the FR notice. Additionally, if the level of interest changes, EPA will reevaluate the IUR reporting status of these chemicals.

Please note that IUR submitters can still report processing and use information even if a chemical is partially exempt, so their chemicals can be considered for safer substitute analyses.

Background: EPA received a petition requesting that the ten chemicals listed above be added to the 40 CFR 710.46( b)( 2)( iv) list of specific chemical substances which are exempt from the reporting of industrial processing and use and commercial/ consumer use information required by 40 CFR 710.52( c)( 4). The chemical substances included on this " partial exemption" list are substances for which EPA has previously determined that there is a low current interest in the IUR processing and use information. However, as stated in the preamble to the amendment to the IUR rule promulgated on January 7, 2003 ( 68 FR 854), "... the need for processing and use information ... changes over time. The inclusion of a chemical substance under this partial exemption is not based on the potential risks of a chemical. This partial exemption is solely intended to provide a tool to assist the Agency in better managing the collection of processing and use information..." and is also " based on the Agency's current need for collecting IURA Page 2 of 6 processing and use information." ( 68 FR 855) Additionally, the preamble states, " In determining whether there is low current interest in IURA processing and use information related to a specific chemical substance, EPA will look to the specific circumstances surrounding the chemical in question, and may use one or more of the considerations identified below, and/ or considerations not identified below, to make an informed decision." The considerations used by EPA in reviewing this petition and an analysis of how those considerations relate to the chemicals identified in this petition are set forth below.

Discussion: The petition review group considered information submitted with the petition, as well as other information including ( but not limited to): whether the petition substances are included in TRI, IRIS, or IARC; OECD HPV SIDS program status; HPV Challenge Program status; and their inclusion in other regulatory programs administered by EPA. 1 The petition stated that all of these substances are pyrophoric when shipped neat or in high concentration solutions and that when solutions are dilute enough that the mixture is no longer pyrophoric, the aluminum alkyl solutions are still air and water reactive. For these reasons, the petition states, aluminum alkyls and solutions containing aluminum alkyls are shipped in airtight pressure vessels where there is no possibility of exposure or release. Furthermore, the petition indicated that during or after use the original aluminum alkyl no longer exists as itself and, therefore, EPA would obtain no additional information from the reporting of processing and use information for these chemicals. The highly reactive nature of these substances was further described in a subsequent letter from the petitioner.

Consideration A: Production volume.

The petition review group found that there was at least one site reporting in 2002 with a production volume for each of these chemicals of 300,000 pounds or greater.

Consideration B: The substance's chemical and physical properties or its potential for persistence, bioaccumulation, health effects, or environmental effects.

The petition indicated that these aluminum alkyl substances are pyrophoric as well as highly water and air reactive, and that during or after use, the original aluminum alkyl substance no longer exists as itself. The petition review group reviewed the HPV Challenge Program submission for aluminum alkyls, which contains eight of these ten aluminum alkyl substances. This HPV Challenge Program submission stated the following:

" Reactions of these substances are explosive... the trialkyl aluminums are highly reactive towards oxidizing agents including molecular oxygen, thus, the fast reactions in air.... Reactions with oxygen ( air) are vigorous and will generally cause the material to ignite resulting in a fire that is difficult to extinguish. Often, the recommended fire fighting practice is simply to let the material burn itself to extinction. Reactions with water are even more violent than those with oxygen. The reaction with water creates flammable 1 See the attached list of acronyms at the end of this report. Page 3 of 6 gases that are easily ignited by the fire already created by the organoaluminum compound with water. For this reason, water is generally not recommended for use in fighting aluminum alkyl fires.... Because of the strong reactivity of the aluminum alkyls, these compounds are expected to cause thermal burns to eye and skin and inhalation may cause metal fume fever . These chemicals are required to be labeled as spontaneously combustible, water reactive and flammable." ( Ref. 1)

The petition review group has determined that, at this time, the reporting of IUR processing and use information is not needed for these substances, based on the following: the reaction of these pyrophoric substances upon contact with air or water is very fast; the nature of the reaction is readily observable ( i. e., flames); and the reaction results in a transformation of the aluminum alkyl into another chemical substance once exposed to water or air. Due to the highly reactive and pyrophoric nature of these substances, strict precautions that minimize the potential for exposure and release need to be taken during their manufacture and processing.

Consideration C: The information needs of EPA, other federal agencies, tribes, states, and local governments, as well as members of the public.

The petition did not provide specific information that pertained to Consideration C. However, eight of these chemicals are part of the HPV Challenge Program. The HPV Challenge Program seeks to collect and, where necessary, develop a screening level hazard data set for chemicals produced or imported in large quantities in the United States. Typically, the IUR processing and use information is needed by EPA to put the hazard data into context, complementing the HPV Challenge Program submission by providing EPA with exposure related information. However, for these aluminum alkyls, the petition review group has determined that there is currently a low need for the reporting of IUR processing and use information because exposure to these substances is not expected to occur based on their high and apparent reactivities, and based on the fact that these aluminum alkyls are shipped in air tight containers to eliminate the possibility of exposure or release ( indicated in the petition). Additionally, EPA's response to the sponsor of the aluminum alkyls HPV Challenge Program category submission stated that " owing to the highly reactive nature of these chemicals when in contact with air or water, it is not feasible to perform environmental fate, mammalian or ecotoxicological tests on such a reactive category of chemicals" ( Ref. 2).

Consideration D: The availability of other complementary risk screening information.

The petition did not provide specific information that pertained to Consideration D. Some hazard data are available for the eight aluminum alkyl substances that are included in the HPV Challenge Program; however, for reasons discussed under Considerations B and C ( i. e., the highly reactive nature of these substances and the limited exposure potential), the petition review group has determined that the availability of other risk screening information on these substances has little bearing on a decision to grant or deny this petition. Page 4 of 6 Consideration E: The availability of comparable processing and use information.

The petition indicated that aluminum alkyls are used as catalysts in the production of polymers and that during or after use, the original aluminum alkyl no longer exists as itself. For these reasons, the petition states, EPA would obtain no additional information from reporting of processing and use information on these chemicals. Furthermore, the petition review group found that the HPV Challenge Program submission for the aluminum alkyls category stated that " Aluminum alkyls are highly reactive materials that are used in a variety of industrial chemical processes such as polymerization, oligomerization, alkylation, and stereochemical synthesis." Because of the limited use of these substances as intermediates in chemical synthesis and because of their highly reactive nature ( described in Considerations B and C above), EPA believes that, at this time, collecting additional IUR processing and use information on these chemicals would not likely further our understanding of potential risks of this chemical. Additionally, the IUR information does not provide geographic locations for the uses of this chemical, which is information that may be useful in accidental exposures.

Consideration F: Whether the potential risks for the chemical substance are adequately managed by EPA or another agency or authority.

The petition did not identify or discuss any risk management actions taken by EPA or another agency or authority with respect to the petitioned chemicals.

Cited References: 1) HPV Challenge Program submission for the aluminum alkyls category. Dated 2001. Available at http:// www. epa. gov/ chemrtk/ alalkyls/ c12977tc. htm 2) EPA's comments on the aluminum alkyls category HPV Challenge submission. Dated Feb 2002. Available at http:// www. epa. gov/ chemrtk/ alalkyls/ c12977ct. htm Sources Searched: ( Note: These sources are typically searched or reviewed to gather information presented in the petition review report.)

American Conference of Governmental Industrial Hygienists ( ACGIH) Threshold Limit Values ( TLV TWA). 2003. ACGIH, Cincinnati OH. pp. 12 61.

Agency for Toxic Substances and Disease Registry ( ATSDR) ToxFAQsTM ( Frequently asked questions about contaminants found at hazardous waste sites). Available at http:// www. atsdr. cdc. gov/ toxfaq. html California Air Resources Board List of Toxic Air Contaminant Fact Sheets, available at http:// arbis. arb. ca. gov/ toxics/ tac/ toctbl. htm California EPA, Safe Drinking Water and Toxic Enforcement Act of 1986: List of chemicals known to the State to cause cancer or reproductive toxicity. Listing as of Nov. 14, 2003. Available at http:// www. oehha. ca. gov/ prop65/ CRNR_ notices/ list_ changes/ 111403lsta. html International Agency of Research on Cancer ( IARC) Overall Evaluations of Carcinogenicity to Humans. Available at http:// monographs. iarc. fr/ monoeval/ crthall. html Interagency Testing Committee ( ITC) Priority Testing List. Available at http:// tsca itc. syrres. com/ Chemicals/

National Advisory Committee Acute Exposure Guideline Levels ( AEGLs). Available at http:// www. epa. gov/ oppt/ aegl/ index. htm Page 5 of 6 Organisation for Economic Cooperation and Development ( OECD) Integrated HPV Database, http:// cs3 hq. oecd. org/ scripts/ hpv/ index. asp United Nations Environment Programme ( UNEP) persistent organic pollutants ( POPs), available at http:// www. chem. unep. ch/ pops/ default. html United Nations Environment Programme ( UNEP) Ozone Secretariat, Summary Control Measures, available at http:// www. unep. org/ ozone/ Treaties_ and_ Ratification/ 2B_ montreal_ protocol. asp U. S. EPA Clean Air Act ( CAA) Hazardous Air Pollutants ( HAPs). Available in the Clean Air Act, section 112( b), available at http:// www. epa. gov/ air/ caa/ caa112. txt U. S. EPA. Emergency Planning and Community Right to Know Act Section 313, List of Toxic Chemicals. 2001. Office of Environmental Information, EPA 260 B 01 001, available at http:// www. epa. gov/ tri/ chemical/ chemlist2001. pdf U. S. EPA HPV ( High Production Volume) Challenge Program and Voluntary Children's Chemical Evaluation Program ( VCCEP) Web sites under the EPA Chemical Right to Know Initiative, http:// www. epa. gov/ chemrtk U. S. EPA Integrated Risk Information System ( IRIS) Substance List. Available at http:// www. epa. gov/ iris/ subst/ index. html U. S. EPA. National Recommended Water Quality Criteria: 2002. Office of Water. EPA 822 R 02 047. Available at http:// www. epa. gov/ waterscience/ pc/ revcom. pdf U. S. EPA. 2004 Edition of the Drinking Water Standards and Health Advisories. Office of Water. EPA 822 R 04 005. Available at http:// www. epa. gov/ waterscience/ drinking/ standards/ dwstandards. pdf U. S. EPA Substance Registry System ( SRS). Available at http:// www. epa. gov/ srs/

U. S. Occupational Safety and Health Administration ( OSHA) Permissible Exposure Limits ( PELs), available at http:// www. osha. gov/ SLTC/ pel/ index. html Page 6 of 6 List of Acronyms ACGIH American Conference of Governmental Industrial Hygienists AEGL Acute Exposure Guideline Level ARB Air Resources Board ATSDR Agency for Toxic Substances and Disease Registry CAA Clean Air Act CASRN Chemical Abstract Service Registry Number CICAD Concise International Chemical Assessment Document CPSC Consumer Product Safety Commission EHC Environmental Health Criteria EPA Environmental Protection Agency EU European Union FDA Food and Drug Administration FFDCA Federal Food, Drug, and Cosmetic Act FIFRA Federal Insecticide, Fungicide, and Rodenticide Act GRAS Generally Recognized as Safe HAP Hazardous Air Pollutant HPV High Production Volume HSDB Hazardous Substances Databank IARC International Agency of Research on Cancer ICCA International Council of Chemical Associations IFCS International Forum on Chemical Safety IPCS International Programme on Chemical Safety IRIS Integrated Risk Information System IRPTC International Register of Potentially Toxic Chemicals ITC Interagency Testing Committee IUCLID International Uniform Chemical Information Database IUR Inventory Update Reporting Rule IURA Inventory Update Reporting Rule Amendment NAICS North American Industry Classification System NIOSH National Institute for Occupational Safety and Health OECD Organisation for Economic Cooperation and Development OECD HPV SIDS or OECD HPV SIDS program OECD/ SIDS HPV Chemicals Programme OPP Office of Pesticide Programs OPPT Office of Pollution Prevention and Toxics OSHA Occupational Safety and Health Administration PEL Permissible Exposure Limit POP Persistent Organic Pollutant SIAM SIDS Initial Assessment Meeting SIAP SIDS Initial Assessment Profile SIAR SIDS Initial Assessment Report SIDS Screening Information Data Set SRS Substance Registry System TLV TWA Threshold Limit Value Time Weighted Average TRI Toxics Release Inventory TSCA Toxic Substances Control Act UNEP United Nations Environment Programme VCCEP Voluntary Children's Chemical Evaluation Program


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Rules and Regulations]
[Page 15321-15322]
[DOCID:fr29mr10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1004; Directorate Identifier 2009-NE-36-AD;
Amendment 39-16239; AD 2010-06-14]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc RB211-Trent 800 Series
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During 2004, an incident was reported involving uncontained
multiple intermediate-pressure (IP) turbine blade release on a Trent
700 engine. The blade release was the result of an overspeed of the
IP turbine rotor that was initiated by an internal fire in the high-
pressure/intermediate-pressure (HP/IP) bearing chamber. Post-
incident analysis and investigation has established that blockage of
the HP/IP turbine bearing oil vent tube due to carbon deposits was a
significant factor in the failure sequence. The Trent 800 has a
similar type design standard to that of the Trent 700 and has also
been found in service to be susceptible to carbon deposits in the
oil vent tube.

We are issuing this AD to prevent internal oil fires due to coking and
carbon buildup in the HP/IP turbine bearing oil vent tube that could
cause uncontained engine failure and damage to the airplane.

DATES: This AD becomes effective May 3, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of May 3, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 5, 2010 (75
FR 264). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During 2004, an incident was reported involving uncontained
multiple IP turbine blade release on a Trent 700 engine. The blade
release was the result of an overspeed of the IP turbine rotor that
was initiated by an internal fire in the HP/IP bearing chamber.
Post-incident analysis and investigation has established that
blockage of the HP/IP turbine bearing oil vent tube due to carbon
deposits was a significant factor in the failure sequence. The Trent
800 has a similar type design standard to that of the Trent 700 and
has also been found in service to be susceptible to carbon deposits
in the oil vent tube.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The commenter supports the
NPRM.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 138 RB211 Trent 800 series turbofan engines installed on
airplanes of U.S. registry. We also estimate that it will take about
one work-hour per engine to comply with this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $2,000 per engine.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $287,040.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:

    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-06-14 Rolls-Royce plc: Amendment 39-16239. Docket No. FAA-2009-
1004; Directorate Identifier 2009-NE-36-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 3,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Rolls-Royce plc models RB211-Trent 875-
17, Trent 877-17, Trent 884-17, Trent 884B-17, Trent 892-17, Trent
892B-17, and Trent 895-17 turbofan engines. These engines are
installed on, but not limited to, Boeing 777 series airplanes.

Reason

    (d) During 2004, an incident was reported involving uncontained
multiple intermediate-pressure (IP) turbine blade release on a Trent
700 engine. The blade release was the result of an overspeed of the
IP turbine rotor that was initiated by an internal fire in the high-
pressure/intermediate-pressure (HP/IP) bearing chamber. Post-
incident analysis and investigation has established that blockage of
the HP/IP turbine bearing oil vent tube due to carbon deposits was a
significant factor in the failure sequence. The Trent 800 has a
similar type design standard to that of the Trent 700 and has also
been found in service to be susceptible to carbon deposits in the
oil vent tube.
    This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this AD to prevent internal oil fires due to
coking and carbon buildup in the HP/IP turbine bearing oil vent tube
that could cause uncontained engine failure and damage to the
airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) At the next engine shop visit after the effective date of
this AD and thereafter at each engine shop visit, using the
Accomplishment Instructions of Rolls-Royce plc Alert Service
Bulletin No. RB.211-72-AE362, Revision 1, dated April 3, 2009:
    (i) Inspect the HP/IP turbine bearing internal and external oil
vent tubes and bearing chamber for carbon buildup.
    (ii) Clean and flush the tubes and bearing chamber as required.
    (iii) Reject any oil vent tubes that do not meet inspection
requirements after cleaning.
    (2) This AD does not require reporting of inspection results, as
does paragraphs 3.B.(4)(g) and 3.C.(9) of Rolls-Royce plc Alert
Service Bulletin No. RB.211-72-AE362, Revision 1, dated April 3,
2009.

FAA AD Differences

    (f) None.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency AD 2009-0071
(corrected April 14, 2009), for related information.
    (i) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Rolls-Royce plc Alert Service Bulletin No.
RB.211-72-AE362, Revision 1, dated April 3, 2009, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Rolls-Royce plc, PO Box 31, Derby, England; telephone: 011-44-1332-
249428; fax: 011-44-1332-249223.
    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts on March 9, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-5788 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55372-55374]
[FR Doc No: 2016-19828]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 160106014-6728-04]
RIN 0694-AG82

Temporary General License: Extension of Validity

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: On March 24, 2016, the Bureau of Industry and Security (BIS)
published a final rule, Temporary General License. The March 24 final
rule created a temporary general license that restored, for a specified
time period, the licensing requirements and policies under the Export
Administration Regulations (EAR) for exports, reexports, and transfers
(in-country) as of March 7, 2016, to two entities (ZTE Corporation and
ZTE Kangxun) that were added to the Entity List on March 8, 2016. At
this time, the U.S. Government has decided to extend the temporary
general license until November 28, 2016. In order to implement this
decision, this final rule revises the temporary general license to

remove the expiration date of August 30, 2016, and to substitute the
date of November 28, 2016. This final rule makes no other changes to
the EAR.

DATES: This rule is effective August 19, 2016 through November 28,
2016. The expiration date of the final rule published on March 24, 2016
(81 FR 15633) is extended until November 28, 2016.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2016, the Bureau of Industry and Security (BIS)
published a final rule, Temporary General License (81 FR 15633). The
March 24 final rule amended the EAR by adding Supplement No. 7 to part
744 to create a Temporary General License that returned, until June 30,
2016, the licensing and other policies of the EAR regarding exports,
reexports, and transfers (in-country) to Zhongxing Telecommunications
Equipment (ZTE) Corporation and ZTE Kangxun to that which were in
effect prior to their addition to the Entity List on March 8, 2016. On
June 28, 2016, BIS published a final rule, Temporary General License:
Extension of Validity (81 FR 41799), which extended the validity of the
Temporary General License until August 30, 2016. Details regarding the
scope of the listing are at 81 FR 12004 (Mar. 8, 2016), (``Additions to
the Entity List''). Details regarding the Temporary General License can
be found in the March 24 final rule and in Supplement No. 7 to Part
744--Temporary General License.
    BIS issued the March 24 final rule, and the June 28 final rule, in
connection with a request to remove or modify the listing. The March 24
final rule, and the June 28 final rule, specified that the temporary
general license was renewable if the U.S. Government determined, in its
sole discretion, that ZTE Corporation and ZTE Kangxun were timely
performing their undertakings to the U.S. Government and otherwise
cooperating with the U.S. Government in resolving the matter which led
to the two entities' listing.
    At this time, the U.S. Government has decided to extend the
temporary general license until November 28, 2016. In order to
implement this U.S. Government decision, this final rule revises the
temporary general license to remove the date of August 30, 2016, and
substitute the date of November 28, 2016. This final rule makes no
other changes to the EAR.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 4, 2016, 81 FR 52587 (August 8, 2016), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222, as amended by Executive
Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). If this rule were delayed to
allow for notice and comment and a delay in effective date, then the
national security and foreign policy objectives of this rule would be
harmed. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of September 18, 2015, 80 FR 57281
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January
22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

Supplement No. 7 to Part 744--[Amended]

0
2. In Supplement No. 7 to part 744, remove ``August 30, 2016'' and add
in its place ``November 28, 2016''.

    Dated: August 16, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-19828 Filed 8-18-16; 8:45 am]
BILLING CODE 3510-33-P