[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Rules and Regulations]
[Pages 53179-53186]
[FR Doc No: 2020-16273]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R06-UST-2018-0703; FRL-10011-49-Region 6]

New Mexico: Final Approval of State Underground Storage Tank
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State of New Mexico's
Underground Storage Tank (UST) program submitted by the State. EPA has
determined that these revisions satisfy all requirements needed for
program approval. This action also codifies EPA's approval of New
Mexico's State program and incorporates by reference those provisions
of the State regulations that we have determined meet the requirements
for approval. The provisions will be subject to EPA's inspection and
enforcement authorities under Subtitle I of RCRA sections 9005 and 9006
and other applicable statutory and regulatory provisions.

DATES: This rule is effective October 27, 2020, unless EPA receives
adverse comment by September 28, 2020. If EPA receives adverse comment,
it will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of October 27, 2020, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    Instructions: Direct your comments to Docket ID No. EPA-R06-UST-
2018-0703. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties, and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
    The index to the docket for this action is available electronically
at https://www.regulations.gov. You can view and copy the documents
that form the basis for this codification and associated publicly
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region
6, 1201 Elm Street, Suite #500, Dallas, Texas 75270. This facility is
open from 8:30 a.m. to 4:00 p.m. Monday through Friday excluding

Federal holidays and facility closures. We recommend that you telephone
Audray Lincoln, Environmental Protection Specialist at<PHONE_NUMBER>
before visiting the Region 6 Office. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Audray Lincoln,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Out of an abundance of caution for members of
the public and our staff, the EPA Region 6 office will be closed to the
public to reduce the risk of transmitting COVID-19. We encourage the
public to submit comments via https://www.regulations.gov, as there
will be a delay in processing mail and no courier or hand deliveries
will be accepted. Please call or email the contract listed above if you
need alternative access to material indexed but not provided in the
docket.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to New Mexico's Underground Storage Tank
Program

A. Why are revisions to State programs necessary?

    States which have received final approval from the EPA under RCRA
section 9004(b), 42 U.S.C. 6991c(b), must maintain an underground
storage tank program that is equivalent to, consistent with, and no
less stringent than the Federal underground storage tank program. When
EPA makes revisions to the regulations that govern the UST program,
States must revise their programs to comply with the updated
regulations and submit these revisions to the EPA for approval. Changes
to State UST programs may be necessary when Federal or State statutory
or regulatory authority is modified or when certain other changes
occur. Most commonly, States must change their programs because of
changes to the EPA's regulations in 40 Code of Federal Regulations
(CFR) part 280. States can also initiate changes on their own to their
underground storage tank program and these changes must then be
approved by EPA.

B. What decisions has the EPA made in this rule?

    On October 11, 2018, in accordance with 40 CFR 281.51(a), New
Mexico submitted a complete program revision application seeking
approval for its UST program revisions corresponding to the EPA final
rule published on July 15, 2015 (80 FR 41566), which finalized
revisions to the 1988 UST regulations and to the 1988 State program
approval (SPA) regulations. As required by 40 CFR 281.20, the State
submitted the following: A transmittal letter from the Governor
requesting approval, a description of the program and operating
procedures, a demonstration of the State's procedures to ensure
adequate enforcement, a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency, a statement of
certification from the Attorney General, and copies of all relevant
State statutes and regulations.
    We have reviewed the application and the revisions to New Mexico's
UST program and determined they are no less stringent than the
corresponding Federal requirements in subpart C of 40 CFR part 281, and
the New Mexico program provides for adequate enforcement of compliance
(40 CFR 281.11(b)). Therefore, the EPA grants New Mexico final approval
to operate its UST program with the changes described in the program
revision application, and as outlined below in Section I.G of this
document. The New Mexico Environment Department (NMED) is the lead
implementing agency for the UST program in New Mexico, except in Indian
Country.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in the State of New Mexico, and they are not
changed by this action. This action merely approves the existing State
regulations as meeting the Federal requirements and renders them
federally enforceable.

D. Why is EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. New Mexico received comments during its
comment period when the rules and regulations in this document were
being considered and were proposed at the State level. All comments
were addressed at the public hearing and/or are reflected in the
adopted regulations. No opposing testimony was presented during the
public hearing before the New Mexico Environmental Improvement Board on
February 21 and 22, 2018.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to approve the State's UST program
revision, providing opportunity for public comment. If EPA receives
comments that oppose this approval, EPA will withdraw the direct final
rule by publishing a document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the
approval of the State program changes on the proposal to approve after
considering all comments received during the comment period. EPA will
then address all public comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
approval, you must do so at this time.

F. For what has New Mexico previously been approved?

    On September 17, 1990, EPA finalized a rule approving the UST
program submitted by New Mexico in lieu of the Federal program. On
January 18, 1996, EPA codified the approved New Mexico program that is
subject to EPA's inspection and enforcement authorities under RCRA
sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions.

G. What changes are we approving with this action?

    In order to be approved, the program must provide for adequate
enforcement of compliance as described in 40 CFR 40 CFR 281.11(b) and
part 281, Subpart D. The NMED has broad statutory authority to regulate
the installation, operation, maintenance, closure of USTs, and UST
releases under the following New Mexico Statutes: Department of
Environment Act, NMSA 1978, sections 9-7A-1 to 9-7A-15; Environmental
Improvement Act, NMSA 1978 sections 74-1-1 to 74-1-17; Hazardous Waste
Act, NMSA 1978, sections 74-4-1 to 74-4-14; Ground Water Protection
Act, NMSA 1978, sections 74-6B-1 to 74-6B-14; Petroleum Products
Loading Fee Act, NMSA 1978, sections 7-13A-1 to 7-13A-7; Tax
Administration Act, NMSA 1978 sections 7-1-6; 7-1-6.1; 7-1-6.25; 7-1-
6.39; 7-1-13.1; Gasoline Tax Act, NMSA 1978 sections 7-13-3; 7-13-4;
and Special Fuels Supplier Tax Act, NMSA 1978 sections 7-16A-3.
    Specific authorities to regulate the installation, operation,
maintenance, closure of USTs, and UST releases are found under Title 20
Chapter 5 of the New Mexico Administrative Code (NMAC), Parts 101
through 125 as amended effective July 24, 2018. The aforementioned
regulations satisfy the

requirements of 40 CFR 281.40 and 281.41.
    New Mexico's Petroleum Storage Tank Bureau (PSTB) invites and
encourages public participation. PSTB provides notice and opportunity
for public comment on all proposed rules. The PSTB investigates and
requires petroleum storage tank owners and operators to provide notice
about contaminants and submissions of final remediation plans.
Requirements for public participation and notification can be found in
the New Mexico State Rules Act, NMSA 1978 section 14-4-5.2, and 20.1.1
NMAC, 20.1.9 NMAC, 20.5.119 NMAC, and 20.5.120 NMAC. Additionally, the
New Mexico Ground Water Protection Act, NMSA 1978 section 74-6B-4
created an advisory committee, the Storage Tank Committee, that may
review corrective actions and payments from the corrective action fund.
Storage Tank Committee meetings are public meetings, and information on
upcoming meetings is provided through legal notices in local and
statewide newspapers as well as notices on the PSTB website pursuant to
New Mexico's Open Meetings Act, NMSA 1978 sections 10-15-1 to 10-15-4.
The PSTB submits semi-annual information to EPA, and all records
pertaining to NMED PSTB-regulated UST systems and release sites are
available to the EPA upon request. New Mexico has met the public
participation requirements found in 40 CFR 281.42.
    To qualify for final approval, a State's program must be ``no less
stringent'' than the Federal program in all elements of the revised EPA
final rule published on July 15, 2015 (80 FR 41566). EPA added new
operation and maintenance requirements and addressed UST systems
deferred in the 1988 UST regulations. The changes also added secondary
containment requirements for new and replaced tank and piping, operator
training requirements, periodic operation and maintenance requirements
for UST systems, and requirements to ensure UST system compatibility
before storing certain biofuel blends. It removed past deferrals for
emergency generator tanks, field constructed tanks and airport hydrant
systems.
    The NMED made updates to their regulations to ensure that they were
no less stringent than the Federal regulations which were revised on
July 15, 2015 (80 FR 41566). Title 40 CFR 281.30 through 281.39
contains the ``no less stringent than'' criteria that a State must meet
in order to have its UST program approved. In the State's application
for approval of its UST program, the New Mexico Special Assistant
Attorney General certified that it meets the requirements listed in 40
CFR 281.30 through 281.39. EPA has relied on this certification in
addition to the analysis submitted by the State in making our
determination. For further information on EPA's analysis of the State's
application, see the chart in the Technical Support Document (TSD)
contained in the docket for this rulemaking. The corresponding State
regulations are as follows:
    Title 40 CFR 281.30 lists the Federal requirements for new UST
system design, construction, installation, and notification with which
a State must comply in order to be found to be no less stringent than
Federal requirements. NMAC Title 20 Environmental Protection, Chapter 5
Petroleum Storage Tanks, Parts 101, 102, 106, 113, and 114 require that
USTs be designed, constructed, and installed in a manner that will
prevent releases for their operating life due to manufacturing defects,
structural failure, or corrosion and be provided with equipment to
prevent spills and tank overfills when new tanks are installed or
existing tanks are upgraded, unless the tank does not receive more than
25 gallons at one time. These parts also require UST system owners and
operators to notify the implementing agency of any new UST systems,
including instances where one assumes ownership of an existing UST.
    Title 40 CFR 281.31 requires that most existing UST systems meet
the requirements of 281.30, are upgraded to prevent releases for their
operating life due to corrosion, spills, or overfills, or are
permanently closed. NMAC Title 20 Environmental Protection, Chapter 5
Petroleum Storage Tanks, Parts 106, 113, and 114 contain the
appropriate requirements that UST systems be upgraded to prevent
releases during their operating life due to corrosion, spills, or
overfills.
    Title 40 CFR 281.32 contains the general operating requirements
that must be met in order for the State's submission to be considered
no less stringent than the Federal requirements. Parts NMAC Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks, 107, 108,
113, and 114 contain the necessary general operating requirements
required by 40 CFR 281.32.
    Title 40 CFR 281.33 contains the requirements for release detection
that must be met in order for the State's submission to be considered
no less stringent than Federal requirements. NMAC Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks, Parts 108,
113, and 114 contain the necessary requirements for release detection
as required by 40 CFR 281.33.
    Title 40 CFR 281.34 contains the requirements for release
reporting, investigation, and confirmation that must be met in order
for the State's submission to be considered no less stringent than
Federal requirements. NMAC Title 20 Environmental Protection, Chapter 5
Petroleum Storage Tanks, Part 118 contains the necessary requirements
as required by 40 CFR 281.34 for release reporting, investigation, and
confirmation.
    Title 40 CFR 281.35 contains the requirements for release response
and corrective action that must be met in order for the State's
submission to be considered no less stringent than Federal
requirements. NMAC Title 20 Environmental Protection, Chapter 5
Petroleum Storage Tanks, Parts 119 and 120 contain the required
provisions as listed in 40 CFR 281.35 for release response and
corrective action.
    Title 40 CFR 281.36 contains the requirements for out of service
UST systems and closures that must be met in order for the State's
submission to be considered no less stringent than Federal
requirements. NMAC Title 20 Environmental Protection, Chapter 5
Petroleum Storage Tanks, Parts 114 and 115 contain the necessary
requirements as listed in 40 CFR 281.36 for out of service UST systems
and closures.
    Title 40 CFR 281.37 contains the requirements for financial
responsibility for UST systems containing petroleum that must be met in
order for the State's submission to be considered no less stringent
than Federal requirements. NMAC Title 20 Environmental Protection,
Chapter 5 Petroleum Storage Tanks, Part 117 contains the necessary
requirements as listed in 40 CFR 281.37 for financial responsibility
for UST systems.
    Title 40 CFR 281.38 contains the requirements for lender liability
that must be met in order for the State's submission to be considered
no less stringent than Federal requirements. NMAC Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks, Part 124
contains the requirements for lender liability as listed in 40 CFR
281.38.
    Title 40 CFR 281.39 contains the requirements for operator training
that must be met in order for the State's submission to be considered
no less stringent than Federal requirements. NMAC Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks, Part 104
contains the requirements for operator training as required by 40 CFR
281.39.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered
broader in scope than the Federal program:
    At 20.5.103 NMAC, New Mexico assesses an annual fee of $100 per
tank and at <IP_ADDRESS> NMAC, requires that all regulated UST systems
be registered within 60 days of placing a regulated substance in the
tank.
    At 20.5.509 NMAC, New Mexico requires UST Installers provide proof
of two years out of the last three years of experience in the
installation, modification, repair, and replacement of UST systems. The
UST Installers must pass a New Mexico Laws and Rules exam, an on-site
exam that includes the complete installation of a UST system in order
to gain their certification, and provide proof of passing a national
technical UST installer's test administered by an approved
certification educator. New Mexico requires UST Junior Installers to
provide proof of one year of experience in the last three years of
field experience in the installation, modification, replacement, or
repair of spill and overfill prevention equipment. Junior UST
installers must pass a New Mexico Laws and Rules exam, and provide
proof of passing a national technical UST installer's test administered
by an approved certification educator.
    At <IP_ADDRESS>4 NMAC, New Mexico requires owners and operators who
install loading racks to design and construct then in accordance with
the current edition of an industry standard or code of practice
developed by a nationally recognized association or independent testing
laboratory approved in advance by the department.
    NMED requires that all corrective action activities be performed by
a qualified firm in accordance with 20.5.122 NMAC. All corrective
action activities must be pre-approved in writing prior to any work
being completed pursuant to <IP_ADDRESS>0.G NMAC and <IP_ADDRESS>0.G
NMAC and be performed by a qualified firm pursuant to <IP_ADDRESS>0.H
NMAC and <IP_ADDRESS>0.H NMAC.
    At <IP_ADDRESS>1.C(3), 1501.E and 1501.G [for field-erected AST
systems only] NMAC New Mexico includes multiple requirements specific
to aboveground storage tanks (ASTs) that are broader in scope than the
Federal program which does not regulate these types of tanks systems.
    At <IP_ADDRESS>1.F(3) NMAC the State requires that owners/operators
of temporarily closed tanks to pay all annual tank fees and accrued
late fees prior to bringing a tank back into service. All fees are
broader in scope.
    At NMSA 1978 section 74-4-4.4 New Mexico requires registration,
certification, and fee payment for classes of individuals defined as
tank installers and testers that are not included in the Federal
program.
    At NMSA 1978 section 74-6B-9 the State assesses a storage tank fee
to be paid by tank owners and operators.
    Where an approved State program has a greater scope of coverage
than required by Federal law, the additional coverage is not part of
the federally-approved program. 40 CFR 281.12(a)(3)(ii).
More Stringent Provisions
    The following regulatory provisions are considered more stringent
in coverage than the Federal program:
    <IP_ADDRESS>.A(20) NMAC requires that new registrations must be
submitted on a PSTB approved registration form and include specific
tank details including whether any part of the system is within 1,000
feet of a water supply well, certified installer signature, and owner
signature. Registration certificates are valid for one year and issued
upon payment of tank fees due July 1 of each year and/or upon
registration of a new tank system. Owners and operators may not operate
tanks without a valid registration certificate and may be found out of
substantial compliance when a release has occurred and may be denied
access to the corrective action fund (CAF) if a valid registration has
not been obtained.
    At <IP_ADDRESS>0 NMAC New Mexico requires that owners and operators
of regulated UST systems must notify PSTB at least 30 days prior to a
permanent closure, temporary closure, return to service, change in
service, or removal of a tank and/or lines by submitting to PSTB a 30-
Day Notification Form. Federal regulations require that owners and
operators of regulated underground storage tank systems provide 30-day
notification if their intent is to permanently close or make the
change-in-service, unless such action is in response to corrective
action.
    At <IP_ADDRESS>1.G NMAC, the State requires owners and operators of
field-constructed UST systems that have been in temporary closure for 3
months or more to perform an internal inspection, perform a tightness
test on all piping, and perform functionality testing.
    New Mexico requires all UST systems installed on or after April 4,
2008 to be double walled and use interstitial monitoring for release
detection for tanks and/or piping (<IP_ADDRESS>6(B) and 205.107.702(C)
NMAC).
    New Mexico requires a mechanism to prevent overfilling by sounding
an alarm when the liquid level in the tank reaches 90 percent of
capacity or automatically stops the delivery of liquid to the tank when
the level in the tank reaches 95 percent of capacity (<IP_ADDRESS>3.A(2)
NMAC). In addition to these options, Federal regulations also allow UST
owners to meet this requirement by restricting the flow 30 minutes
prior to overfilling, alerting the transfer operator with a high level
alarm one minute before overfilling, or automatically shut off flow
into the tank so that none of the fittings on top of the tank are
exposed to product due to overfilling. New Mexico does not allow the
use of this additional option.
    New Mexico requires owners and operators to perform inspections of
containment sumps as part of their monthly walk-through inspections
(<IP_ADDRESS>7(A)(3) NMAC).
    New Mexico requires owners and operators of UST systems that have
been in temporary closure for 12 months or more to perform a site
assessment, empty the tank(s) to less than one inch of a regulated
substance, and pay all outstanding tank fees. Also, UST systems that
have been in delivery prohibition for more than 12 months are required
to permanently close in accordance with the requirements in 20.5.115
NMAC (<IP_ADDRESS>1(D) and (F) NMAC).
    New Mexico requires owners and operators who use Statistical
Inventory Reconciliation (SIR) for release detection on underground
pressurized piping to conduct an annual line tightness test, whereas in
Federal owners may choose to use another form of monthly monitoring
instead. The line tightness test must be able to detect a release of
0.1 gallons per hour at one and half times the operating pressure
(<IP_ADDRESS>0.B NMAC).
    New Mexico requires owners and operators to submit a written report
within 14 days of the discovery or confirmations of a release
(<IP_ADDRESS>3.B NMAC and <IP_ADDRESS>3.B NMAC).
    New Mexico also regulates underground storage tank systems at
marinas (<IP_ADDRESS>1 NMAC).
    New Mexico regulates hybrid storage tank systems in the same manner
as airport hydrant systems and UST systems with field-constructed
tanks. (See specifically, 20.5.114 NMAC at sections 1403(D), 1404,
1405, 1407, 1408(C), 1409, 1410, 1412, 1413, and 1414.)

I. How does this action affect Indian Country (18 U.S.C. 1151) in New
Mexico?

    New Mexico is not authorized to carry out its Program in Indian
Country (18 U.S.C. 1151) within the State. This authority remains with
EPA. Therefore, this action has no effect in Indian Country. See 40 CFR
281.12(a)(2).

II. Codification

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of State programs in 40 CFR part 282 and
incorporates by reference State regulations that the EPA will enforce
under RCRA sections 9005 and 9006 and any other applicable statutory
provisions. The incorporation by reference of State authorized programs
in the CFR should substantially enhance the public's ability to discern
the current status of the approved State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the approved program in each State.

B. What is the history of codification of New Mexico's UST program?

    The EPA incorporated by reference New Mexico's then approved UST
program effective March 18, 1996 (61 FR 1216; January 18, 1996). In
this document, the EPA is revising 40 CFR 282.81 to include the
approved revisions.

C. What codification decisions have we made in this rule?

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the New
Mexico rules described in the amendments to 40 CFR part 282 set forth
below. The EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and in hard
copy at the EPA Region 6 office (see the ADDRESSES section of this
preamble for more information).
    The purpose of this Federal Register document is to codify New
Mexico's approved UST program. The codification reflects the State
program that would be in effect at the time the EPA's approved
revisions to the New Mexico UST program addressed in this direct final
rule become final. The document incorporates by reference New Mexico's
UST regulations and clarifies which of these provisions are included in
the approved and federally enforceable program. By codifying the
approved New Mexico program and by amending the Code of Federal
Regulations (CFR), the public will more easily be able to discern the
status of the federally-approved requirements of the New Mexico
program.
    The EPA is incorporating by reference the New Mexico approved UST
program in 40 CFR 282.81. Section 282.81(d)(1)(i)(A) incorporates by
reference for enforcement purposes the State's statutes and
regulations. Section 282.81 also references the Attorney General's
Statement, the Demonstration of Procedures for Adequate Enforcement,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the UST program under subtitle I of RCRA.

D. What is the effect of New Mexico's codification on enforcement?

    The EPA retains the authority under Subtitle I of RCRA sections
9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake corrective
action, inspections and enforcement actions and to issue orders in
approved States. With respect to these actions, EPA will rely on
Federal sanctions, Federal inspection authorities, and Federal
procedures rather than the State authorized analogues to these
provisions. Therefore, the EPA is not incorporating by reference such
particular, approved New Mexico procedural and enforcement authorities.
Section 282.81(d)(1)(ii) of 40 CFR lists those approved New Mexico
authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in coverage'' than Subtitle I of RCRA. Title
40 CFR 281.12(a)(3)(ii) states that where an approved State program has
provisions that are broader in scope than the Federal program, those
provisions are not a part of the federally approved program. As a
result, State provisions which are ``broader in coverage'' than the
Federal program are not incorporated by reference for purposes of
enforcement in part 282. Section 282.81(d)(1)(iii) of the codification
simply lists for reference and clarity the New Mexico statutory and
regulatory provisions which are ``broader in scope'' than the Federal
program and which are not, therefore, part of the approved program
being codified today. Provisions that are ``broader in scope'' cannot
be enforced by EPA; the State, however, will continue to implement and
enforce such provisions under State law.

III. Statutory and Executive Order Reviews

    This action only applies to New Mexico's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable EOs and
statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves
and codifies State requirements for the purpose of RCRA section 9004
and imposes no additional requirements beyond those imposed by State
law. Therefore, this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February
3, 2017) regulatory action because actions such as this final approval
of New Mexico's revised underground storage tank program under RCRA are
exempted under Executive Order 12866. Accordingly, I certify that this
action will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1531-1538). For the same reason, this action also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.

E. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive order.

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, 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. EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will be effective October 27, 2020 because it is a direct
final rule.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, Insurance,
Intergovernmental relations, Oil pollution, Petroleum, Reporting and
recordkeeping requirements, Surety bonds, Water pollution control,
Water supply.

    Authority: This rule is issued under the authority of Sections
2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Dated: July 20, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Revise Sec.  282.81 to read as follows:

Sec.  282.81  New Mexico State-Administered Program.

    (a) History of the approval of New Mexico's Program. The State of
New Mexico is approved to administer and enforce an underground storage
tank program in lieu of the Federal program under Subtitle I of the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42
U.S.C. 6991, et seq. The State's program, as administered by the New
Mexico Environment Department, was approved by EPA pursuant to 42
U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of
final determination approving the New Mexico underground storage tank
base program effective on November 16, 1990. A subsequent program
revision application was approved effective on October 27, 2020.
    (b) Enforcement authority. New Mexico has primary responsibility
for administering and enforcing its federally approved underground
storage tank program. However, EPA retains the authority to exercise
its corrective action, inspection and enforcement authorities under
Subtitle I of RCRA sections 9003(h), 9005 and 9006, 42

U.S.C. 6991b(h), 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
    (c) Retaining Program Approval. To retain program approval, New
Mexico must revise its approved program to adopt new changes to the
Federal subtitle I program which make it more stringent, in accordance
with RCRA section 9004, 42 U.S.C. 6991c, and 40 CFR part 281, subpart
E. If New Mexico obtains approval for the revised requirements pursuant
to RCRA section 9004, 42 U.S.C. 6991c, the newly approved statutory and
regulatory provisions will be added to this subpart and notice of any
change will be published in the Federal Register.
    (d) Final Program Approval. New Mexico has final approval for the
following elements of its program application originally submitted to
EPA and approved effective November 16, 1990, and the program revision
application approved by EPA effective on October 27, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference.
The New Mexico provisions cited in this paragraph are incorporated by
reference as part of the underground storage tank program under
Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the New
Mexico regulations that are incorporated by reference in this paragraph
from New Mexico State Records Center and Archives, 1205 Camino Carlos
Rey, Santa Fe, NM 87507; Phone number:<PHONE_NUMBER>; website http://<IP_ADDRESS>/nmac/. You may inspect all approved material at the EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 (Phone number
(214) 665-2239 or the National Archives and Records Administration
(NARA). For information on the availability of the material at NARA,
email<EMAIL_ADDRESS>or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``EPA-Approved New Mexico Statutory and Regulatory Requirements
Applicable to the Underground Storage Tank Program'', June 2020. Only
those provisions that have been approved by EPA are incorporated by
reference. Those provisions are listed in Appendix A to Part 282.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and
regulations which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference and do not replace Federal
authorities:
    (A) The statutory provisions include: New Mexico Statutes Annotated
(NMSA) 1978, as amended through May 16, 2018:
    (1) Tax Administration Act, section 7-1-6.25;
    (2) Department of Environment Act, sections 9-7A-2(A) through (C),
9-7A-3 through 9-7A-12;
    (3) Open Meetings Act, sections 10-15-1 through 10-15-4;
    (4) Inspection of Public Records Act, sections 14-2-1 through 14-2-
12;
    (5) State Rules Act, section 14-4-5.2;
    (6) Environmental Improvement Act, sections 74-1-2, 74-1-3(A), (B),
(D), and (F), 74-1-4 through 74-1-6, 74-1-7(A) introductory paragraph
and (A)(13), 74-1-8(A) introductory paragraph and (A)(13), 74-1-8.1,
74-1-9, 74-1-10;
    (7) Hazardous Waste Act, sections 74-4-2, 74-4-3(A) through (D),
(F), (M), (N), (Q), and (V), 74-4-4 (except (A), (J), and (K)), 74-4-
4.3, 74-4-4.8, 74-4-5, 74-4-7, 74-4-8, 74-4-10, 74-4-11(C), 74-4-12
through 74-4-14; and
    (8) Groundwater Protection Act, sections 74-6B-2 through 74-6B-8,
74-6B-13, 74-6B-14.
    (B) The regulatory provisions include: New Mexico Administrative
Code (NMAC) Title 20 Environmental Protection, Chapter 5 Petroleum
Storage Tanks, as amended effective July 24, 2018: Part 107 General
Operating Requirements for Underground Storage Tank Systems, section
<IP_ADDRESS>2 Department Review and Approval of Plans, Installation,
Operation, and Maintenance;
    Part 116 Delivery Prohibition; Part 123 Corrective Action Fund
Administration; and Part 125 Administrative Review.
    (iii) Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the New Mexico
underground storage tank program that are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference herein for enforcement purposes:
    (A) New Mexico Statutes Annotated (NMSA) 1978, as amended through
May 16, 2018: Hazardous Waste Act, section 74-4-4.4; and Groundwater
Protection Act, section 74-6B-9 and 74-6B-10.
    (B) New Mexico Administrative Code (NMAC) Title 20 Environmental
Protection, Chapter 5 Petroleum Storage Tanks, as amended effective
July 24, 2018: Part 102, section 202 New Storage Tank Systems; Part 103
Annual Fee; Part 105 Certification of Tank Installers and Junior
Installers; Requirements for Testers, section 509 Experience
Requirements; Part 106 New and Upgraded Underground Storage Tank
Systems: Design, Construction, and Installation, section <IP_ADDRESS>4
Loading Racks; Part 115 Out-of-Service Storage Tank Systems and
Closure, sections 1501.C(3), 1501.E, 1501.F(3), and 1501.G [for field-
erected AST systems only]; Part 119 Corrective Action for Storage
Action Tank Systems Containing Petroleum Products, sections
<IP_ADDRESS>0.G and <IP_ADDRESS>0.H; Part 120 Corrective Action for UST
Systems Containing Other Regulated Substances, sections <IP_ADDRESS>0.G
and <IP_ADDRESS>0.H; and Part 122 Qualification of Persons Performing
Corrective Action.
    (2) Statement of legal authority. The Attorney General's Statement,
signed by the Special Assistant Attorney General of New Mexico June 25,
1990, and revisions to that Statement dated October 5, 2018, though not
incorporated by reference, are referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Adequate Enforcement of Compliance'' submitted as part of the
original application on September 25, 1989 and as part of the program
revision application for approval on October 11, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (4) Program description. The program description and any other
material submitted as part of the original application September 25,
1989 and as part of the program revision application October 11, 2018,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the New Mexico Environment Department, signed by the
EPA Regional Administrator on July 29, 2019 though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Appendix A to part 282 is amended by revising the entry for New
Mexico to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

New Mexico

    (a) The statutory provisions include: New Mexico Statutes
Annotated (NMSA) 1978, as amended through May 16, 2018 (2018
Cumulative Supplement): Chapter 74, Environmental Improvement,
Article 4 Hazardous Waste, sections 74-4-3(J), (R), and (S).
    (b) The regulatory provisions include: New Mexico Administrative
Code (NMAC), as amended effective July 24, 2018: Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks:
    Part 101: General Provisions--Sections <IP_ADDRESS> ``Scope'';
<IP_ADDRESS> ``Definitions'' (except ``above ground storage tank'' and
``AST system'');
    Part 102: Registration of Tanks--Sections <IP_ADDRESS>
``Existing Tanks'', <IP_ADDRESS> ``Transfer of Ownership'', and,
<IP_ADDRESS> ``Substantially Modified Storage Tank Systems'' through
<IP_ADDRESS> ``Registration Certificate'';
    Part 104: Operator Training--Sections <IP_ADDRESS>0 ``Classes of
Operators'' through <IP_ADDRESS>2 ``Documentation and
Recordkeeping'';
    Part 105: Certification of Tank Installers and Junior
Installers; Requirements for Testers--Sections <IP_ADDRESS>0
``General Requirements for Installer of UST Systems'' through
<IP_ADDRESS>8 ``Individual Certification for Junior Installer of UST
Systems'', and 205.105.510 ``On-Site Examination for Installer''
through <IP_ADDRESS>0 ``Airport Hydrant Fuel Distribution Systems,
UST Systems with Field-Constructed Tanks and Hybrid Storage Tank
Systems'';
    Part 106: New and Upgraded Underground Storage Tank Systems:
Design, Construction, and Installation--Sections <IP_ADDRESS>0
``General Performance Standards for UST Systems'' through
<IP_ADDRESS>3 ``Spill and Overfill Protection'', and <IP_ADDRESS>5
``Required Notification Prior to Installation'' through <IP_ADDRESS>7
``Alternate Methods'';
    Part 107: General Operating Requirements for Underground Storage
Tank Systems--Sections <IP_ADDRESS>0 ``Operation and Maintenance of
Underground Storage Tank Systems'' through <IP_ADDRESS>1 ``Required
Notification Prior to Replacement, Repair and Modification'';
<IP_ADDRESS>3 ``Alternate Methods'' through <IP_ADDRESS>5
``Reporting'';
    Part 108: Release Detection For Underground Storage Tank
Systems--Sections <IP_ADDRESS>0 ``General Release Detection
Requirements for UST Systems'' through <IP_ADDRESS>6 ``Reporting'';
    Part 113 Underground Storage Tank Emergency Generator Systems--
Sections <IP_ADDRESS>0 ``General Requirements'' through
<IP_ADDRESS>8 ``Reporting'';
    Part 114: Airport Hydrant Fuel Distribution Systems, UST Systems
with Field-Constructed Tanks, and Hybrid Storage Tank Systems--
Sections <IP_ADDRESS>0 ``General Requirements for Airport Hydrant
Fuel Distribution Systems, UST Systems with Field-Constructed Tanks,
and Hybrid Storage Tank Systems'' through <IP_ADDRESS>4
``Reporting'';
    Part 115: Out-of-Service Storage Tank Systems and Closure--
Sections <IP_ADDRESS>0 ``Required Notification Prior to Temporary or
Permanent Closure, Return to Service, Removal, or Change in
Service''; <IP_ADDRESS>1 ``Out-of-Service Storage Tank Systems and
Closure'' (except <IP_ADDRESS>1.C(3), 1501.E, 1501.F(3), and 1501.G
[for field-erected AST systems only]); and <IP_ADDRESS>2 ``Permanent
Closure'' through <IP_ADDRESS>6 ``Closure Records'';
    Part 117: Financial Responsibility--Sections <IP_ADDRESS>0
``Applicability''; <IP_ADDRESS>3 ``Amount and Scope of Required
Financial Responsibility'' through <IP_ADDRESS>2 ``Form Document for
Drawing on Financial Assurance Mechanisms'';
    Part 118: Reporting and Investigation of Suspected and Confirmed
Releases--Sections <IP_ADDRESS>0 ``Reporting of Spill or Release''
through <IP_ADDRESS>3 ``Spills and Overfills'';
    Part 119: Corrective Action for Storage Tank Systems Containing
Petroleum Products--Sections <IP_ADDRESS>0 ``General'' (except
<IP_ADDRESS>0.G and<PHONE_NUMBER>.H) through <IP_ADDRESS>3
``Reporting'';
    Part 120: Corrective Action for UST Systems Containing Other
Regulated Substances--Sections <IP_ADDRESS>0 ``General'' (except
<IP_ADDRESS>0.G and<PHONE_NUMBER>.H) through <IP_ADDRESS>0
``Reporting'';
    Part 121: Corrective Action Fund Use and Expenditures--Sections
<IP_ADDRESS>0 ``Permissible Fund Expenditures'' through
<IP_ADDRESS>6 ``Reserved Money''; and
    Part 124: Lender Liability--Sections <IP_ADDRESS> ``Definitions''
through <IP_ADDRESS>5 ``Operating a Storage Tank or Storage Tank
System After Foreclosure''.
    (c) Copies of the New Mexico regulations that are incorporated
by reference are available from the New Mexico State Records Center
and Archives, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone
number:<PHONE_NUMBER>; website http://<IP_ADDRESS>/nmac/.
* * * * *
[FR Doc. 2020-16273 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12251-12253]
[FR Doc No: 2015-05198]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0021]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
7 individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to or greater than
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 4, 2015. Comments must be
received on or before April 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2013-
0021], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 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 on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 7 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 7 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Michael L. Bergman (KS)
Efrain Gonzalez (UT)
Shane Holum (OR)
Daryl W. Morris (MO)
Daniel E. Nestel (IN)
Thomas G. Normington (WY)
Thomas L. Terrell (IA)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

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 for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 7 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (78 FR 10251; 78 FR 20379). Each of these 7 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2013-0021), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number, ``FMCSA-2013-0021'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you

submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period and may change this
notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2013-0021'' in the ``Keyword'' box and click ``Search.'' Next,
click ``Open Docket Folder'' button choose the document listed to
review. If you do not have access to the Internet, you may view the
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

    Dated: March 2, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05198 Filed 3-5-15; 8:45 am]
 BILLING CODE 4910-EX-P