[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37379-37384]
[FR Doc No: 2017-16815]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-9965-98-Region 4]

Air Plan Approval; Florida; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of five State Implementation Plan (SIP) revisions
submitted by the State of Florida, Department of Environmental
Protection (FDEP), through the Florida Division of Air Resource
Management, on June 23, 1999, July 1, 2011, December 12, 2011, February
27, 2013, and February 1, 2017. Florida's SIP revisions recodify,
clarify, and reorganize the State's non-title V air permitting and
compliance assurance program regulations consistent with flexibility
provided under the Clean Air Act (CAA or Act) and EPA's rules which
address new source preconstruction permitting. EPA is proposing to
approve Florida's SIP revisions on the basis that they are consistent
with the CAA and EPA's requirements for permitting air emission
sources.

DATES: Comments must be received on or before September 11, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0105 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at<PHONE_NUMBER>
and via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDEP submitted to EPA for adoption into the Florida SIP five
revisions, three of which were submitted on June 23, 1999, July 1,
2011, and February 27, 2013, as part of the State's efforts to clarify
and streamline Florida's non-title V air permitting and compliance
assurance program and to address EPA's minor source preconstruction
requirements under 40 CFR 51.160-51.164.\1\ In addition, on December
12, 2011, FDEP submitted a SIP revision to add a definition of ``North
American Industry Classification System,'' or ``NAICS,'' to the Florida
SIP.\2\ On February 1, 2017, FDEP submitted a SIP revision to address
requirements for emissions monitoring at stationary sources. The 1999
SIP submission includes amendments to 16 rule sections in the Florida
Administrative Code (F.A.C.) that were adopted by the State between
1997 and 1999 to clarify and streamline FDEP's permitting

process. The 2011 SIP submission includes clarifying and corrective
amendments to 11 F.A.C. rule sections affecting FDEP's permitting
regulations that were adopted by the State between 1997 and 2010. In
its 2013 SIP submission, FDEP updates the 1999 and 2011 SIP submissions
by either resubmitting or withdrawing 12 of the 16 F.A.C. rule sections
originally included in those submittals, and providing updated versions
of the remaining four rule sections for incorporation into the Florida
SIP. In this action, EPA is proposing to act on the relevant
regulations from these five SIP submissions as summarized in section
III.
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    \1\ The June 23, 1999, July 1, 2011, February 27, 2013, and
February 1, 2017, Florida SIP submissions are also referred to as
the ``1999 SIP submission,'' ``2011 SIP submission,'' ``2013 SIP
submission,'' and the ``2017 SIP submission,'' respectively, in this
action.
    \2\ The December 12, 2011, Florida SIP submission is also
referred to as the ``NAICS SIP submission'' in this action.
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II. Overview of Florida's Rule Revisions

A. June 23, 1999, SIP Revision

    In Florida's June 23, 1999, SIP revision, FDEP submitted multiple
amendments to four F.A.C. rule chapters--Chapters 62-210, 62-212, 62-
296, and 62-297--as part of the State's work to clarify and streamline
Florida's non-title V air permitting and compliance assurance program.
The amendments to these four F.A.C. rule chapters affecting 16 rule
sections were adopted by Florida between 1997 and 1999. FDEP requested
adoption of the following 16 F.A.C. rule sections: 62-210.200, 62-
210.220,\3\ 62-210.300, 62-210.350,\4\ 62-210.360, 62-212.400, 62-
296.401,\5\ 62-296.405, 62-296.406, 62-296.414, 62-296.570, 62-297.310,
62-297.401, 62-297.440, 62-297.450, 62-297.520.\6\
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    \3\ EPA is considering action separately on the 62-210.220,
F.A.C., ``Small Business Assistance Program,'' provision.
    \4\ In its February 27, 2013, submission, Florida withdrew the
proposed changes to 62-210.300, F.A.C. and 62-210.350, F.A.C.
included in the June 23, 1999, submission.
    \5\ In a supplemental letter dated June 28, 2017, Florida
withdrew Rule 62-296.401, F.A.C., state effective November 13, 1997,
and January 10, 2007, for proposed adoption into the Florida SIP,
including its resubmissions of Florida's July 1, 2011, and February
27, 2013, submissions.
    \6\ FDEP included two additional rules in its 1999 SIP
submittal, 62-296.417 and 62-210.920, F.A.C., for state adoption
only.
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B. July 1, 2011, SIP Revision

    In Florida's July 1, 2011, SIP revision, the State submitted
amendments to 11 F.A.C. rule sections. Specifically, the State proposed
to clarify, update, and revise certain requests from its June 23, 1999,
SIP revision. The State also provided corrective and clarifying
amendments to FDEP's new source review (NSR) permitting and stationary
source control strategy programs, as well as to other miscellaneous
provisions. Specifically, FDEP requested adoption of amendments to
F.A.C. rule sections: 62-210.200,\7\ 62-210.220, 62-212.400,\8\ 62-
212.720,\9\ 62-296.100, 62-296.401,\10\ 62-296.412, 62-296.414, 62-
296.418, 62-296.500, and 62-296.508. Of these 11 rule sections, FDEP
resubmitted four F.A.C. rule sections (62-210.200, 62-210.220, 62-
296.401, and 62-296.414) from its June 23, 1999, submission, and
requested amendments for three of the four rule sections \11\ into the
Florida SIP.
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    \7\ In a supplemental letter dated June 28, 2017, Florida
withdrew five definitions from Rule 62-210.200, F.A.C., for proposed
adoption into the Florida SIP.
    \8\ EPA approved revisions to Rule 62-212.400, ``Prevention of
Significant Deterioration,'' contained in the July 1, 2011,
submission into Florida's SIP on June 15, 2012 (77 FR 35862) and
thus, EPA is not acting on this regulation in this action.
    \9\ EPA is acting on revisions to Rule 62-212.720, ``Actuals
Plantwide Applicability Limits (PALs),'' in a separate action.
    \10\ In a supplemental letter dated June 28, 2017, Florida
withdrew its request for EPA to approve into the State's SIP Rule
62-296.401, F.A.C., as provided in its July 1, 2011, submission.
    \11\ Rules 62-210.200, 62-296.401, and 62-296.414, F.A.C., were
the three Florida rule sections resubmitted with subsequent
amendments.
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    Also in this revision, FDEP withdrew its request for EPA to approve
amendments to six F.A.C. rule sections submitted in its June 23, 1999,
SIP revision: 62-210.360, 62-212.400, 62-296.570, 62-297.401, 62-
297.440, and 62-297.520. Additionally, FDEP reiterated its original
June 23, 1999, request to approve four F.A.C. rule sections, all with
state effective dates of March 2, 1999, from its 1999 SIP submission:
62-296.405, 62-296.406, 62-297.310, and 62-297.450.

C. December 12, 2011, SIP Revision

    In Florida's December 12, 2011, SIP revision, the State submitted
amendments to two of its rules--62-210.200 and 62-212.400, F.A.C.--
which included the addition of one new definition, ``North American
Industry Classification System,'' or ``NAICS,'' to rule 62-210.200,
F.A.C.\12\
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    \12\ With the exception of the definition, ``North American
Industry Classification System,'' or ``NAICS,'' in rule 62-210.200,
F.A.C., EPA is taking no action today on the remaining rule changes
in Florida's December 12, 2011, SIP submission.
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D. February 27, 2013, SIP Revision

    In Florida's February 27, 2013, SIP revision, the State submitted
amendments to four F.A.C. rule sections: 62-210.200, 62-210.300,\13\
62-210.310, and 62-210.350.\14\ Also in its 2013 SIP revision, the
State withdrew its request for approval of earlier versions of two
rules, 62-210.300 and 62-210.350, F.A.C., submitted as part of its June
23, 1999, SIP revision. Additionally, FDEP requested removal of 62-
210.920, F.A.C., from the Florida SIP and affirmed its request in the
State's 2011 SIP submission to withdraw submitted amendments to the
following five F.A.C. rule sections: 62-210.360, 62-296.570, 62-
297.401, 62-297.440, and 62-297.520.
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    \13\ EPA is taking no action today on 62-210.300, F.A.C.
``Permits Required.''
    \14\ In a supplemental letter dated June 28, 2017, Florida
withdrew its request for EPA to approve the addition of 62-
210.350(1)(c), F.A.C. (effective February 11, 1999) into the Florida
SIP. Additionally, EPA is taking no action today on 62-
210.350(4)(a)2 and 62-210.350(4)(b), F.A.C. in Florida's February
27, 2013, SIP submission.
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E. February 1, 2017, SIP Revision

    In Florida's February 1, 2017, SIP revision, the State submitted
amendments to three of its rules to address requirements for emissions
monitoring at stationary sources--62-297.310, 62-297.440, and 62-
297.450, F.A.C.--and proposed to remove 62-297.401, F.A.C. In the
submitted amendments, FDEP made several clarifications to rule 62-
297.310, F.A.C.\15\
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    \15\ With the exception of the revisions pertaining to 62-
297.310, F.A.C., EPA is taking no action today on the remaining rule
changes in Florida's February 1, 2017, SIP submission.
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    A description of these collective changes to each rule section from
Florida's 1999, 2011, 2013, and 2017 SIP submissions and the State's
NAICS SIP submission summarized above and EPA's analysis of the
proposed changes follows.

III. What is EPA's analysis of Florida's rule revisions?

A. List of Rule Amendments Proposed for Incorporation Into the Florida
SIP

    Described below are the Florida rules and/or subsections of those
rules which EPA is proposing to incorporate into the Florida SIP.
1. Rule 62-210.200, F.A.C., ``Definitions''
    In its July 1, 2011, SIP submission, FDEP requested approval of
changes to 15 definitions in Rule 62-210.200, F.A.C., with a state
effective date of March 11, 2010. EPA will act on the July 1, 2011, SIP
submission rule section changes--which were resubmitted in the State's
2013 submission--in a separate rulemaking. Thus, EPA is not proposing
action on these 15 definitions contained in the 2011 SIP submission and
also resubmitted in the 2013 SIP submission today.
    In its December 12, 2011, SIP submission, Florida added a new
definition of ``North American Industry Classification System,'' or
``NAICS.''

EPA proposes to adopt this definition (state effective on December 4,
2011) into the Florida SIP as renumbered effective March 28, 2012, on
the basis that the new definition added is for administrative purposes
to explain terms included in other Florida rules that have previously
been approved into the SIP.
    In its 2013 submission, Florida requested approval of changes to
Rule 62-210.200, F.A.C., as amended up to state effective date March
28, 2012, to include four sets of amendments adopted by the State
between 2005 and 2012.\16\ These rule changes include: Renumbering
definitions, adding 21 new definitions, revising three existing
definitions, and repealing two definitions.\17\ The purpose of adopting
the revised definitions is to improve clarity, and to support language
in other F.A.C. rule sections. All definitions originally submitted for
approval in its 1999 SIP submission have been resubmitted in the 2011
and 2013 SIP submissions. EPA proposes to approve these revisions into
the Florida SIP because they are administrative and/or provide non-
substantive clarification of other provisions already approved into the
State's SIP.
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    \16\ In addition, Florida withdrew its request to adopt an
earlier version of Rule 62-210.200, F.A.C., submitted for approval
in its 1999 submission.
    \17\ See Florida's 2013 submission, pp.7-10, for a list of the
26 definitions and FDEP's explanation for the changes.
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2. Rule 62-210.310, F.A.C., ``Air General Permits''
    In its 2013 submission, Florida requested approval into the SIP
changes to Rule 62-210.310, F.A.C., ``Air General Permits'' as amended
up to state effective date June 29, 2011, which include three sets of
amendments adopted by the State between 2007 and 2011. This rule
section, as amended, provides 17 air general permits, or ``permits-by-
rule,'' by which owners or operators of air emission sources can
construct and operate their facilities without going through the
individual permitting process, so long as certain requirements are
satisfied.\18\ Six of the air general permits (at subsection 62-
210.310(4), F.A.C.) impose operating restrictions that allow facilities
to avoid major source permitting. Eleven of the air general permits (at
subsection 62-210.310(5), F.A.C.) allow certain facilities to avoid the
permitting process for minor source air construction and non-title V
air operation permits because these sources utilize pre-manufactured
equipment and thus, do not need the preconstruction engineering review
incorporated into FDEP's individual source permit process.
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    \18\ See Florida's 2013 submission, pp.20-24, for a list of all
air general permits in subsections 62-210.310(4), F.A.C. and 62-
210.310(5), F.A.C. adopted by Florida as of June 29, 2011.
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    EPA proposes to approve the changes provided in Florida's 2013 SIP
submission to Rule 62-210.310, F.A.C., with state effective dates of
January 10, 2007, October 12, 2008, and June 29, 2011, into Florida's
SIP on the basis that these changes are intended to further clarify,
organize, and streamline Florida's permit regulations. Moreover, these
changes are not inconsistent with federal law, and will not interfere
with any applicable requirement concerning attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
3. Rule 62-210.350, F.A.C., ``Public Notice and Comment''
    In its 2013 submission, FDEP requested approval into the SIP of
revisions to Rule 62-210.350, F.A.C., ``Public Notice and Comment'' as
amended up to state effective date October 12, 2008, to incorporate
three sets of amendments adopted by the State between 1997 and 2008. In
the submission, Florida withdrew its request to adopt an earlier
version of Rule 62-210.350, F.A.C., which was included in its 1999
submission.\19\ Rule 62-210.350, F.A.C., establishes public notice
requirements for both major and minor source air construction permits,
State air operation permits, federally enforceable state operation
permits, and title V air operation permits. FDEP amended this rule
section to update references to FDEP's administrative procedures rule
at 62-110.106, F.A.C., to allow sources to combine public notice for
construction and operation permits, and clarify that if these public
notices are combined, sources must comply with the requirements for
both notices, and to make other non-substantive clarifying changes.
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    \19\ In a supplemental letter dated June 28, 2017, Florida also
withdrew from the 1999 and 2013 SIP submissions the addition of 62-
210.350(1)(c) state effective February 11, 1999. Florida's June 28,
2017, letter is included in the docket for this action.
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    EPA proposes to approve portions of the revisions provided in
Florida's 2013 SIP submission to Rule 62-210.350, F.A.C. (with state
effective dates of November 13, 1997, February 11, 1999, October 12,
2008) with the exception of three F.A.C. rule subsections: 62-
210.350(4)(a)2, 62-210.350(4)(b), and the withdrawn revision at 62-
210.350(1)(c). These changes are intended to clarify, organize, and
streamline Florida's permit regulations. Moreover, these changes are
not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.
4. Rule 62-296.100, F.A.C., ``Purpose and Scope''
    In its July 1, 2011 submission, FDEP submitted an amendment to Rule
62-296.100, F.A.C., which was state-effective October 6, 2008. The
amendment separated the rule language into four subsections for
improved readability. The amendment also added language to clarify that
a facility or emissions unit subject to any new source performance
standard or national emission standard for hazardous air pollutants
adopted by reference at Rule 62-204.800, F.A.C., must also comply with
any emission limitations that may apply in Chapter 62-296, F.A.C. EPA
proposes to approve these non-substantive changes to Rule 62-296.100,
F.A.C., provided in Florida's 2011 SIP submission.
5. Rule 62-296.405, F.A.C., ``Fossil Fuel Steam Generators With More
Than 250 Million Btu Per Hour Heat Input''
    In its 1999 SIP submission, FDEP submitted changes to Rule 62-
296.405, F.A.C., with a state effective date of March 2, 1999, which
clarified the test method procedure for visible emissions that must be
used in lieu of FDEP's Method 9 testing incorporated in Chapter 62-297,
F.A.C. In addition, the submission clarifies which sources may use fuel
sampling and analysis as an alternative test method for sulfur dioxide
emissions instead of EPA Methods 6, 6A, 6B or 6C. The revisions also
provide the procedures to obtain approval from the State for this
alternative test method. The amendments also clarify other wording in a
few parts of this rule section. EPA proposes to approve the changes
provided in Florida's 1999 SIP submission to Rule 62-296.405, F.A.C. on
the basis that these changes are intended to further clarify, organize,
and streamline Florida's permit regulations. Moreover, these changes
are not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.

6. Rule 62-296.406, F.A.C., ``Fossil Fuel Steam Generators with Less
Than 250 Million Btu per Hour Heat Input, New and Existing Emissions
Units''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
296.406, F.A.C., with a state effective date of March 2, 1999, to add
language to clarify that all emissions standards for new and existing
small fossil fuel steam generators do not apply to units that are
determined to be insignificant under Florida's title V regulations at
62-213.300(2)(a)1., F.A.C., and 62-213.430(6)(b), F.A.C.\20\ As
relevant here, a generator is considered insignificant if two
requirements are satisfied: First, the emissions unit will neither emit
nor have the potential to emit five tons per year or more of
particulate matter or sulfur dioxide; and second, the emissions unit
will not cause the facility as a whole to emit nor have the potential
to emit 100 tons per year or more of either of those pollutants. EPA
proposes to approve the revisions provided in Florida's 1999 SIP
submission to Rule 62-296.406, F.A.C. on the basis that these changes
are intended to further clarify, organize, and streamline Florida's
permit regulations, are not inconsistent with federal law, and will not
interfere with any applicable requirement concerning attainment of the
NAAQS, reasonable further progress, or any other requirement of the
CAA.
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    \20\ EPA approved Florida's title V permit program on October 1,
2001. See 66 FR 49837.
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7. Rule 62-296.412, F.A.C., ``Dry Cleaning Facilities''
    In its 2011 submission, FDEP submitted amendments to Rule 62-
296.412, F.A.C., ``Dry Cleaning Facilities,'' which became state
effective March 11, 2010. The amendments delete a reference to ozone
nonattainment areas because Florida currently has no ozone
nonattainment areas. Moreover, without this change, the rule would
immediately apply in newly designated ozone nonattainment areas, giving
facilities no lead time to achieve compliance. If an area in Florida is
designated nonattainment for the ozone national ambient air quality
standards (NAAQS) in the future, Florida would be required to submit an
implementation plan to attain this NAAQS, and thus would need to
address sources in the nonattainment area at that time. Also, the
changes replace an incorrect reference to Chapter 62-275, F.A.C., with
the correct rule reference to 62-204.340, F.A.C. EPA proposes to
approve the changes provided in Florida's 2011 SIP submission to Rule
62-296.412, F.A.C., on the basis that these changes are intended to
correct a reference in this rule, to further clarify, organize, and
streamline Florida's permit regulations. Moreover, these changes are
not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.
8. Rule 62-296.414, F.A.C., ``Concrete Batching Plants''
    In its 2011 SIP submission, FDEP submitted two sets of amendments
to Rule 62-296.414, F.A.C., ``Concrete Batching Plants,'' with state
effective dates of November 13, 1997, and January 10, 2007.\21\ These
amendments clarify portions of this rule section related to rule
applicability and test method references; specify the precautions that
must be taken to control unconfined emissions from concrete batching
facilities; identify conditions under which visible emissions testing
must be conducted; and, clarify the visible emissions testing schedule
for concrete batching plants based on whether the unit is operating
under the authority of an air general permit or a standard air
construction or air operation permit. EPA proposes to approve the
changes provided in Florida's 2011 SIP submission to Rule 62-296.414,
F.A.C. on the basis that these changes are intended to further clarify,
organize, and streamline Florida's permit regulations. Moreover, these
changes are not inconsistent with federal law, and will not interfere
with any applicable requirement concerning attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
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    \21\ Florida withdrew its request to act on amendments to this
rule originally submitted in its 1999 submission because the State
re-submitted this rule in its 2011 submission.
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9. Rule 62-296.418, F.A.C., ``Bulk Gasoline Plants''
    In its 2011 SIP submission, FDEP submitted amendments to Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' which became state effective
March 11, 2010. The change deletes a reference to ozone nonattainment
areas because Florida currently has no ozone nonattainment areas.
Moreover, without this change, the rule would immediately apply in
newly designated ozone nonattainment areas, giving facilities no lead
time to achieve compliance. If an area in Florida is designated
nonattainment for the ozone NAAQS in the future, Florida would be
required to submit a plan to attain this NAAQS, and thus would need to
address sources in the nonattainment area at that time. EPA proposes to
approve the revisions provided in Florida's 2011 SIP submission to Rule
62-296.418, F.A.C. on the basis that these changes are intended to
further clarify, organize, and streamline Florida's permit regulations.
Moreover, these changes are not inconsistent with federal law, and will
not interfere with any applicable requirement concerning attainment of
the NAAQS, reasonable further progress, or any other requirement of the
CAA.
10. Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities''
    In its 2011 SIP submission, FDEP submitted one amendment to Rule
62-296.500, F.A.C., ``Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX)
Emitting Facilities,'' which became state effective March 11, 2010. The
change deletes reference to ozone nonattainment areas because Florida
currently has no ozone nonattainment areas. Moreover, without this
change, the rule would immediately apply in newly designated ozone
nonattainment areas, giving facilities no lead time to achieve
compliance. If an area in Florida is designated nonattainment for the
ozone NAAQS in the future, Florida would be required to submit a plan
to attain this NAAQS and thus would need to address sources in the
nonattainment area at that time. Also, the amendment clarifies that
references to air quality maintenance areas mean those areas defined at
Rule 62-204.340, F.A.C. EPA proposes to approve the revisions provided
in Florida's 2011 SIP submission to Rule 62-296.500, F.A.C.
11. Rule 62-296.508, F.A.C., ``Petroleum Liquid Storage''
    In its 2011 submission, FDEP submitted one amendment to Rule 62-
296.508, F.A.C., ``Petroleum Liquid Storage,'' which became state
effective October 6, 2008. The change removes an erroneous reference to
EPA Method 21. EPA proposes to approve the change provided in Florida's
2011 SIP submission to Rule 62-296.508, F.A.C.
12. Rule 62-297.310, F.A.C., ``General Emissions Test Requirements''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.310, F.A.C., ``General Compliance Test

Requirements,'' which became state effective March 2, 1999. These
changes include minor clarifications to wording in the rule and
identify for which types of emissions units an annual compliance test
for visible emissions is not required. In its 2017 SIP submission, FDEP
made further revisions to Rule 62-297.310, F.A.C., (which became state
effective March 9, 2015) and changed the title to ``General Emissions
Test Requirements.'' The changes in the 2017 submission include:
Modification of the emissions test procedures; clarification of the
requirements for emissions tests and terminology used in the
regulation; reduction in the number of annual emissions tests required
for emissions units that operate infrequently or are temporarily shut
down; and elimination of obsolete and duplicative language. The
revision also creates an exemption from annual compliance test
requirements for any unit determined to be insignificant under
Florida's title V regulations at 62-213.300(2)(a)1., F.A.C., and 62-
213.430(6)(b), F.A.C.\22\ EPA proposes to approve the revisions
provided in Florida's June 23, 1999, and February 1, 2017, SIP
submissions to Rule 62-297.310, F.A.C.
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    \22\ EPA approved Florida's title V permit program on October 1,
2001. See 66 FR 49837.
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13. Rule 62-297.450, F.A.C., ``EPA VOC Capture Efficiency Test
Procedures''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.450, F.A.C., ``EPA VOC Capture Efficiency Test Procedures,'' which
became state effective March 2, 1999. These changes incorporate EPA
Method 204 and EPA's capture efficiency test procedures. EPA proposes
to approve the changes provided in Florida's 1999 SIP submission to
Rule 62-297.450, F.A.C. on the basis that these changes are consistent
with EPA's VOC capture efficiency test procedure guidelines.\23\
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    \23\ EPA document GD-035, ``Guidelines for Determining Capture
Efficiency,'' dated January 9, 1995, is available at: https://www3.epa.gov/ttn/emc/guidlnd/gd-035.pdf.
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B. Rule Proposed for Removal From the Florida SIP

1. Rule 62-210.920, F.A.C., ``Air General Permit Forms''
    In its 2013 submission, FDEP requested that Rule 62-210.920,
F.A.C., ``Air General Permit Forms,'' be removed from the SIP. This
rule section contained Florida's air general permit registration forms,
which the State has replaced with an online registration system. The
State repealed this rule section with a state effective date of June
29, 2011. EPA proposes to approve removal of Rule 62-210.920, F.A.C.,
``Air General Permit Forms'' from the Florida SIP because this rule
section imposes no requirements beyond those requirements already found
in Rule 62-210.310, F.A.C.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference changes to: Rule 62-210.200, F.A.C., ``Definitions,''
effective March 28, 2012; Rule 62-210.310, F.A.C., ``Air General
Permits,'' effective June 29, 2011; Rule 62-210.350, F.A.C., ``Public
Notice and Comment,'' effective October 12, 2008; Rule 62-296.100,
F.A.C., ``Purpose and Scope,'' effective October 6, 2008; Rule 62-
296.405, F.A.C., ``Fossil Fuel Steam Generators with More Than 250
Million Btu Per Hour Heat Input,'' effective March 2, 1999; Rule 62-
296.406, F.A.C., ``Fossil Fuel Steam Generators with Less Than 250
Million Btu per Hour Heat Input, New and Existing Emissions Units,''
effective March 2, 1999; Rule 62-296.412, F.A.C., ``Dry Cleaning
Facilities,'' effective March 11, 2010; Rule 62-296.414, F.A.C.,
``Concrete Batching Plants,'' effective January 10, 2007; Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' effective March 11, 2010;
Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities,'' effective March 11, 2010; Rule
62-296.508, F.A.C., ``Petroleum Liquid Storage,'' effective October 6,
2008; Rule 62-297.310, F.A.C., ``General Emissions Test Requirements,''
effective March 9, 2015; and Rule 62-297.450, F.A.C., ``EPA VOC Capture
Efficiency Test Procedures,'' effective March 2, 1999. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).

V. What action is EPA proposing to take?

    EPA is proposing to approve portions of Florida's five SIP
revisions submitted by the State on June 23, 1999, July 1, 2011,
December 12, 2011, February 27, 2013, and February 1, 2017, as meeting
the applicable requirements of the CAA and EPA's requirements for
permitting air emission sources.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9,

2000), nor will it impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 28, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16815 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55441-55443]
[FR Doc No: 2011-22764]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65221; File No. SR-FINRA-2011-04]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Fee for the Operations Professional
Examination

August 30, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 22, 2011, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as ``establishing or changing a due, fee, or
other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule
19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon
receipt of this filing by the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
    \5\ The proposed rule change is related to FINRA's recently
established registration category and qualification examination
requirement for Operations Professionals. See Securities Exchange
Act Release No. 64687 (June 16, 2011), 76 FR 36586 (June 22, 2011)
(Order Approving File No. SR-FINRA-2011-013).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Schedule A to the FINRA By-Laws to
establish a fee for the new Operations Professional Examination
(``Series 99''). Specifically, the proposed rule change would amend
Section 4 of Schedule A to the FINRA By-Laws to establish a fee of $125
for a person to take the Series

99 examination. The fee is based on the costs to FINRA to develop and
administer the exam.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On June 16, 2011, the Commission approved FINRA Rule 1230(b)(6),
which establishes a registration category and qualification examination
requirement for certain operations personnel--Operations
Professionals.\6\ FINRA is expanding its registration provisions to
require registration of certain individuals (``covered persons'') who
are engaged in, responsible for or supervising certain member
operations functions (``covered functions'') to enhance the regulatory
structure surrounding these areas.\7\ FINRA Rule 1230(b)(6) is
intended, among other things, to increase covered persons' awareness
and knowledge that they are operating in a regulated environment
designed to protect investors' interests and the integrity of the
operations of a broker-dealer.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 64687 (June 16,
2011), 76 FR 36586 (June 22, 2011) (Order Approving File No. SR-
FINRA-2011-013). In addition to adopting FINRA Rule 1230(b)(6), the
rule change adopted NASD Rule 1120 (Continuing Education
Requirements) as new FINRA Rule 1250 (Continuing Education
Requirements) with certain changes, including expanding the scope of
``covered registered persons'' subject to the Firm Element to
include persons registered as Operations Professionals. See also
Regulatory Notice 11-33 (July 2011).
    \7\ See Regulatory Notice 11-33 (July 2011) for information
regarding the implementation period for Operations Professionals
subject to FINRA Rule 1230(b)(6).
---------------------------------------------------------------------------

    FINRA has developed the Series 99 examination program to provide
reasonable assurance that covered persons understand their professional
responsibilities, including key regulatory and control themes, as well
as the importance of identifying and escalating red flags that may harm
a firm, its customers, the integrity of the marketplace or the public.
The examination will test applicants on general securities industry
knowledge and its associated regulations and rules.\8\ On August 19,
2011, [sic] FINRA filed with the Commission the Series 99 selection
specifications and content outline.\9\ The examination will be
implemented on October 17, 2011.\10\
---------------------------------------------------------------------------

    \8\ FINRA Rule 1230(b)(6)(D) sets forth an exception to the
Operations Professional qualification examination requirement for
persons who currently hold certain registrations (each an ``eligible
registration'') or have held one during the two years immediately
prior to registering as an Operations Professional. The exception
also applies to persons who do not hold an eligible registration,
but prefer an alternative to taking the Operations Professional
examination. Such persons may register in an eligible registration
category (subject to passing the corresponding qualification
examination or obtaining a waiver) and use such registration to
qualify for Operations Professional registration.
    \9\ See SR-FINRA-2011-041.
    \10\ See Regulatory Notice 11-33 (July 2011).
---------------------------------------------------------------------------

    The proposed rule change would amend Section 4 of Schedule A to the
FINRA By-Laws to establish a fee of $125 for a person to take the
Series 99 examination. The fee is based on the costs to FINRA to
develop and administer the exam.\11\
---------------------------------------------------------------------------

    \11\ Candidates for the Series 99 examination will be able to
schedule and take the examination starting on October 17, 2011.
Because this is a new examination for a new registration category,
FINRA will be assessing the effectiveness of the examination by, in
part, evaluating the candidates' performance during the first 60
days of the administration of the examination. Therefore, candidates
who take the examination within the first 60 days (between October
17, 2011 and December 16, 2011) will not receive their test results
on the day that they take the examination. Instead, such candidates'
firms will be notified of test results (i.e., the candidate's score
and whether the candidate has passed or failed the examination) on
or shortly after December 16, 2011. The test results will be posted
to the Central Registration Depository system (``CRD[supreg]
system'') at that time. Candidates who fail the examination during
the initial 60-day rollout will be provided an opportunity to retake
the examination at no additional cost.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date of the proposed rule change and
corresponding FINRA Rule 1230(b)(6) will be October 17, 2011.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\12\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees, and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. FINRA believes the proposed rule change is designed to
accomplish these ends by equitably assessing by means of a reasonable
examination fee the costs associated with developing and administering
the examination program.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and paragraph (f)(2) of Rule 19b-4
thereunder.\14\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2011-042 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2011-042. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2011-042
and should be submitted on or before September 28, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22764 Filed 9-6-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24574-24576]
[FR Doc No: 2018-11429]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0020]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 51 individuals from the
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated diabetes mellitus (ITDM) from
operating a commercial motor vehicle (CMV) in interstate commerce. The
exemptions enable these individuals with ITDM to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on March 17, 2018. The exemptions
expire on March 17, 2020.

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 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. 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 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.

II. Background

    On February 14, 2018, FMCSA published a notice announcing receipt
of applications from 51 individuals requesting an exemption from
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from
the public (83 FR 6685). The public comment period ended on March 16,
2018, and five comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
    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.

III. Discussion of Comments

    FMCSA received five comments in this proceeding. Vicky Johnson
stated that Minnesota Department of Public Safety is in favor of
granting exemptions to the following Minnesota drivers: Mark S.
Schellhammer, Daniel G. Roach, and Donald R. Heupel.
    The Motor Vehicle Division (DMV) in the State of Montana reviewed
the driving record of Marty G. Niles and

found evidence that indicates Mr. Niles will not be able to achieve the
statutory level of safety. FMCSA met with representatives of the DMV
and reviewed Mr. Niles' driving record which had new information not
provided in the application submitted to the Agency. FMCSA determined
that Mr. Niles does meet the criteria to receive the exemption.
    Tommy Friend and Austin Thies stated that they believe anyone who
decides to drive a CMV with diabetes should be allowed to do so without
discrimination. FMCSA believes that the individualized assessment of
exemption applicants addresses the commenter's concern about
discrimination, while maintaining an equivalent level of public safety.
FMCSA's exemption process supports drivers with ITDM who seek to
operate in interstate commerce. In addition, the FMCSRs are not
contrary to the Americans with Disabilities Act (ADA) of 1990. The
mandates of the ADA do not require that FMCSA alter the driver
qualification requirements contained in 49 CFR part 391. The Senate
report on the ADA, submitted by its Committee on Labor and Human
Resources, included the following explanation:
    With respect to covered entities subject to rules promulgated by
the Department of Transportation regarding physical qualifications for
drivers of certain classifications of motor vehicles, it is the
Committee's intent that a person with a disability applying for or
currently holding a job subject to these standards must be able to
satisfy these physical qualification standards in order to be
considered a qualified individual with a disability under title I of
this legislation. S. Rep. 101-116, at 25 (1989).
    The Agency's current approach, articulated in this Federal Register
notice, nevertheless meets the spirit of the ADA by conducting an
individualized assessment of each exemption applicant's medical history
and the concomitant level of safety risk. The Agency's case-by-case
review of exemption applicants provides the best assurance of drivers
being treated fairly, while at the same time addressing public safety
concerns.
    George Benson states that if a person is truly taking care of their
diabetes, it should not take as long as it does to get the exemption
and the process does not have to be so difficult. FMCSA is required by
statute to complete the application process within 180 days from the
date all required information is submitted by the applicant. However,
this is often completed well in advance of this timeframe. This
timeframe includes time to review application information and meet
Federal Register publication requirements to include a 30-day public
comment period, as required by law.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on the program eligibility criteria and an individualized
assessment of information submitted by each applicant. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the February 14, 2018, Federal
Register notice (83 FR 6685) and will not be repeated in this notice.
    These 51 applicants have had ITDM over a range of 1 to 47 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (two
or more) severe hypoglycemic episodes in the past five years. In each
case, an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (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 provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; 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 keeping 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.

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 51 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

Tina M. Adams (NY)
Steven A Bain (RI)
Joseph M. Ballard (MI)
Edward L. Barron (TX)
James A. Beck (KY)
George R. Benson (TX)
Jason D. Bonham (KS)
Dennis L. Bowden (CA)
Harry C. Davis (PA)
Warren E. Davis (IL)
Anderson N. Debitencourte (MA)
George M. Dickherber (MO)
Craig A. Dixon (IA)
Sandra M. Fazio (NH)
Thomas M. Gibbs (VA)
Willi M. Goolsbey (NM)
Eli J. Goudreau (MA)
John W. Green (IA)
Delight A. Halfred (SD)
Vernell Harris (IL)
Robert L. Harris (TN)
Donald R. Heupel (MN)
Michael J. Hobbs (TX)
Arnold Hollins (IL)
Sarvar Kachiev (IL)
Sidney G. Lehman (PA)
John H. Lowe, Jr. (CO)
Robert R. Martin (KS)
Christopher C. McMurray (CA)
Davis K. Mensah (VA)
Jeffrey R. Meyer (CA)
Kurtis A. Nichols (MO)
Marty G. Niles (MT)

Darrell E. Oliver (TN)
Timothy P. Oliver (OR)
Fred W. Payne (OR)
Ronald L. Pellack, Jr. (IL)
Edward F. Poe (MI)
Clint A. Richter (PA)
Daniel G. Roach (MN)
Mark S. Schellhammer (MN)
Edward R. Sutton (CA)
Maurice L. Talley (NV)
Brandon L. Tatman (CO)
Austin M. Thies (IA)
Robert J. Tischler (UT)
Michael Tucker (NJ)
Leonard J. Warnock (WA)
John R. Wohlers (WI)
David L. Woodfill (CA)
Daniel J. Woodring (MI)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date 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(e) and 31315.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11429 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24464-24465]
[FR Doc No: 2023-08206]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. 2023-0020]

Pipeline Safety: Request for Special Permit; Florida Gas
Transmission Company, LLC

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit received from Florida Gas Transmission
Company, LLC (FGT). The special permit request is seeking relief from
compliance with certain requirements in the federal pipeline safety
regulations. At the conclusion of the 30-day comment period, PHMSA will
review the comments received from this notice as part of its evaluation
to grant or deny the special permit request.

DATES: Submit any comments regarding this special permit request by May
22, 2023.

ADDRESSES: Comments should reference the docket number for this special
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.

     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

    Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.

    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal
Regulations (CFR) 190.343, you may ask PHMSA to give confidential
treatment to information you give to the agency by taking the following
steps: (1) mark each page of the original document submission
containing CBI as ``Confidential''; (2) send PHMSA, along with the
original document, a second copy of the original document with the CBI
deleted; and (3) explain why the information you are submitting is CBI.
Unless you are notified otherwise, PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Kay McIver, DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket for
this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at [email protected].
    Technical: Mr. Steve Nanney by telephone at<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
FGT on March 27, 2023, seeking a waiver from the requirements of 49 CFR
192.611(a) and (d): Change in class location: Confirmation or revision
of maximum allowable operating pressure and 49 CFR 192.619(a): Maximum
allowable operating pressure: Steel or plastic pipelines.
    This special permit is being requested in lieu of pipe replacement,
pressure reduction, or new pressure tests for Class 1 to 3 location
changes on five (5) gas transmission special permit segments totaling
9,824 feet (approximately 1.861 miles). The pipeline segments are as
follows:

----------------------------------------------------------------------------------------------------------------
                                 Outside
  Special permit segment No.     diameter      Length      County, state       Year     MAOP (psig)    Pressure
                                 (inches)      (feet)                       installed                    test
----------------------------------------------------------------------------------------------------------------
189579.......................           26           60  Orange, FL......         1968          974        1,346
202967.......................           30          159  Osceola, FL.....         1995          975        1,305
187434.......................           30        4,869  Osceola, FL.....         1995          975        1,305
187440.......................           30          285  Osceola, FL.....         1995          975        1,305
202974.......................           30        4,451  Osceola, FL.....         1995          975        1,305
----------------------------------------------------------------------------------------------------------------
Note: DSAW is double submerged arc welded longitudinal seam pipe.

    The special permit request, proposed special permit with
conditions, and draft environmental assessment (DEA) for the above
listed FGT pipeline segments are available for review and public
comments in Docket Number PHMSA-2023-0020. PHMSA invites interested
persons to review and submit comments on the special permit request and
DEA in the docket. Please submit comments on any potential safety,
environmental, and other relevant considerations implicated by the
special permit request. Comments may include relevant data.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comments closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment it receives in making its decision
to grant or deny this special permit request.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2023-08206 Filed 4-19-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51462-51464]
[FR Doc No: 2012-20748]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0603; Directorate Identifier 2012-NE-17-AD;
Amendment 39-17160; AD 2012-16-13]
RIN 2120-AA64

Airworthiness Directives; BRP-Powertrain GmbH & Co KG Rotax
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for BRP-
Powertrain GmbH & Co KG Rotax 912 F2; 912 F3; 912 F4; 912 S2; 912 S3;
and 912 S4 reciprocating engines. This AD requires replacing the
pressure side fuel hose on certain fuel pumps and inspecting the
carburetors connected to those fuel pumps for contamination within 5
flight hours after the effective date of this AD. This AD was prompted
by reports of fuel pumps having pressure side fuel hoses not meeting
the design specification. We are issuing this AD to prevent pressure
side fuel hose deterioration and contamination of the carburetor, which
could result in an in-flight engine shutdown, forced landing and damage
to the airplane.

DATES: This AD becomes effective September 10, 2012.
    We must receive comments on this AD by October 9, 2012.
    The Director of the Federal Register approved the incorporation by
reference of BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert
Service Bulletin No. ASB-912-061R1, dated May 31, 2012, listed in the
AD as of September 10, 2012.

ADDRESSES: You may send 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: 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>.
    For service information identified in this AD, contact BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen,
Austria, or go to: http://www.rotax-aircraft-engines.com. You may view
this service information at the FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

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 (phone:<PHONE_NUMBER>) is the same as the
Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2012-0097-E, dated May 31, 2012, and AD 2012-0097R1, dated June 1,
2012 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    Reports from the field confirmed a non-compliance of the
pressure side fuel hoses installed on certain P/N 893114 fuel pumps,
which may have resulted in a latent defect on a limited number of
engines. The affected hoses may not be fuel resistant in accordance
with the specification. This condition, if not corrected, could lead
to detachment of particles from the fuel hose and irregularities in
the carburetor function, possibly resulting in in-flight engine
shutdown, and forced landing, damage to the aeroplane and injury to
occupants.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    BRP-Powertrain GmbH & Co KG has issued Alert Service Bulletin No.
ASB-912-061R1, dated May 31, 2012. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of
Austria, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the European Community, EASA has
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This AD requires replacing the pressure side fuel
hose on certain fuel pumps and inspecting the carburetors connected to
those fuel pumps for contamination within 5 flight hours after the
effective date of the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
compliance time in this AD is within 5 flight hours after the effective
date of the AD. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-0603; Directorate
Identifier 2012-NE-17-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive (AD):

2012-16-13 BRP-Powertrain GmbH & Co. KG (formerly BRP-Rotax GmbH &
Co KG, Bombardier-Rotax GmbH & Co. KG, and Bombardier-Rotax GmbH):
Amendment 39-17160; Docket No. FAA-2012-0603; Directorate Identifier
2012-NE-17-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BRP-Powertrain GmbH & Co KG Rotax 912 F2; 912
F3; 912 F4; 912 S2; 912 S3; and 912 S4 reciprocating engines, with a
fuel pump part number (P/N) 893114 having a serial number (S/N)
listed in Table 1 to paragraph (c) of this AD:

            Table 1 to Paragraph (c)--Affected Fuel Pump S/Ns
------------------------------------------------------------------------

-------------------------------------------------------------------------
11.3117 through 11.3325 inclusive.
11.4036 through 11.4355 inclusive.
11.4516 through 11.4595 inclusive.
12.0251 through 12.0270 inclusive.
------------------------------------------------------------------------

(d) Reason

    This AD was prompted by reports of fuel pumps having pressure
side fuel hoses not meeting the design specification. We are issuing
this AD to prevent pressure side fuel hose deterioration and
contamination of the carburetor, which could result in an in-flight
engine shutdown, forced landing and damage to the airplane.

(e) Actions and Compliance

    Unless already done, within 5 flight hours after the effective
date of the AD do the following:
    (1) Replace the pressure side fuel hose on the fuel pump with a
fuel hose eligible for installation on the pressure side of the fuel
pump.
    (2) Inspect the carburetors for contamination. Use paragraph
3.1.2 of BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert
Service Bulletin No. ASB-912-061R1, dated May 31, 2012, to perform
your inspection.

(f) Definition

    For the purpose of this AD, a fuel hose eligible for
installation is one that was not from any of the affected fuel pumps
with an S/N listed in Table 1 to paragraph (c) of this AD.

(g) Installation Prohibition

    (1) After the effective date of this AD, do not install a P/N
893114 fuel pump with an S/N listed in Table 1 to paragraph (c) of
this AD onto any engine, unless the pressure side fuel hose has been
replaced as required by this AD.
    (2) After the effective date of this AD, do not install a Rotax
912 engine with a P/N 893114 fuel pump with an S/N listed in Table 1
to paragraph (c) of this AD in any airplane unless it has been
inspected and the pressure side fuel hose replaced as required by
this AD.
    (3) After the effective date of this AD, do approve for return
to service any product or article with a fuel hose removed from a P/
N 893114 fuel pump with an S/N listed in Table 1 to paragraph (c) of
this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Alan Strom,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; email<EMAIL_ADDRESS>phone:<PHONE_NUMBER>; fax: 781-238-
7199.
    (2) Refer to European Aviation Safety Agency AD 2012-0097-E,
dated May 31, 2012, and AD 2012-0097R1, dated June 1, 2012, for
related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) BRP-Powertrain GmbH & Co KG, Rotax Aircraft Engines Alert
Service Bulletin No. ASB-912-061R1, dated May 31, 2012.
    (ii) Reserved.
    (3) For BRP-Powertrain GmbH & Co KG service information
identified in this AD, contact BRP-Powertrain GmbH & Co KG, Welser
Strasse 32, A-4623 Gunskirchen, Austria, or go to: http://www.rotax-aircraft-engines.com.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information 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 July 30, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-20748 Filed 8-23-12; 8:45 am]
BILLING CODE 4910-13-P