UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

	OFFICE OF PREVENTION, PESTICIDE

	AND TOXIC SUBSTANCES

  SEQ CHAPTER \h \r 1 MEMORANDUM

	Date:	15 October 2009

	SUBJECT:	Nicosulfuron – Dietary Exposure and Risk Analysis to Evaluate a New Use Request for Grasses.

PC Code:  129008	DP Barcode:  D369742

MRID No.:  NA	Registration No.:  352-IRO

Petition No.:  8F7501	Regulatory Action:  Section 3

Assessment Type:  Dietary – Single Chemical	Registration Case No.:  NA

TXR No.:  None	CAS No.:  111991-09-4

Decision No.:  404568	40 CFR 180.454

	FROM:	Michael A. Doherty, Ph.D., Senior Chemist

		Risk Assessment Branch II

		Health Effects Division (7509P)  SEQ CHAPTER \h \r 1

	THROUGH:	P. Yvonne Barnes, Biologist

		Nancy Dodd, Chemist

		Dietary Exposure Science Advisory Council

		Richard A. Loranger, Ph.D., Senior Scientist

		Risk Assessment Branch II

		Health Effects Division (7509P)

	TO:	Michael A. Doherty, Ph.D., Senior Chemist

		Risk Assessment Branch II

		Health Effects Division (7509P)

		Mindy Ondish/Jim Tompkins (RM 25)

		Herbicide Branch

		Registration Division (7505 P)  SEQ CHAPTER \h \r 1   SEQ CHAPTER \h \r 1

Executive Summary

e Evaluation Model DEEM-FCID™, Version 2.03 which uses food consumption data from the U.S. Department of Agriculture’s Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  The analysis was completed to evaluate a requested use on grasses.  Although the action does not affect any human foods directly, the use, if granted, will result in new tolerances for residues in meat and milk commodities.

No hazards associated with acute dietary exposure were identified for nicosulfuron; therefore, only a chronic evaluation was conducted.  The analysis assumes tolerance-level residues and 100% crop treated for all foods (corn, meat, and milk commodities).  Even with these highly conservative assumptions, the resulting risk estimates are less than 1% of the chronic population-adjusted dose (cPAD) for all population subgroups.  Generally HED is concerned when risk estimates exceed 100% of the cPAD.  Nicosulfuron is not a carcinogen; therefore, there are no cancer concerns associated with this herbicide.  There are no dietary exposure considerations that would preclude granting the requested use.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  HED is generally concerned when estimated cancer risk exceeds one in one million. References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 21-JUN-2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf  ; or see SOP 99.6 (20-AUG-1999).

The most recent dietary risk assessment for nicosulfuron was conducted by D. Hrdy (20 November 2004, D302694).

II.	Residue Information

Existing and recommended tolerance-level residues [40 CFR §180.454] have been used for all food commodities in this assessment.  The existing tolerances are 0.1 ppm for all corn commodities.  The recommended tolerances for livestock commodities (of cattle, horses, and sheep only) are 0.01 ppm for meat and fat, 0.05 ppm for meat byproducts, and 0.01 ppm for milk.  A default processing factor of 1.5 from DEEM 7.78 was used for corn syrup, and it was assumed that 100% of foods in the assessment had residues of nicosulfuron (i.e., 100% crop treated).  The inputs used in the assessment are provided in Attachment 1.

 Drinking Water Data

The drinking water residues used in the dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED) in the following memorandum: Tier 1 Estimated Environmental Concentrations of Nicosulfuron, for Use in Human Health Risk Assessment” by L. Liu (28 July 2004; D301842, D302623, D302624) and incorporated directly into this dietary assessment.  Water residues were incorporated in the DEEM-FCID into the food categories “water, direct, all sources” and “water, indirect, all sources.”   Estimates were derived based on the use on corn and are considered worst-case.  The surface water estimate of 0.685 ppb (0.000685 ppm) is greater than the groundwater estimate (0.056 ppb) and was used in the assessment.  The models (FIRST and SCIGROW) are conservative with respect to protecting human health.  Both of the models and their full descriptions are available at the EPA internet site:   HYPERLINK "http://www.epa.gov/oppefed1/models/water/"  http://www.epa.gov/oppefed1/models/water/ .

IV.	DEEM-FCID™ Program and Consumption Information

The nicosulfuron chronic dietary exposure assessment was conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database DEEM-FCID™, Version 2.03, which incorporates consumption data from USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.  Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.	Toxicological Information

The toxicological database for nicosulfuron is generally complete for purposes of human health risk assessment.  New data are required to satisfy revised requirements [40 CFR Part 158]; nevertheless, HED does not believe that any additional safety factors are required to account for these data gaps given the available data and effects observed.  The doses and endpoints for dietary risk assessment are summarized in Table 1.

Table 1.  Summary of Toxicological Doses and Endpoints for Nicosulfuron for Use in Dietary Human Health Risk Assessments

Exposure/

Scenario	Point of Departure	Uncertainty and FQPA Safety Factors	RfD & PAD, for Risk Assessment	Study and Toxicological Effects

Acute Dietary

(All populations)	An endpoint of concern attributable to a single dose was not identified.

Chronic Dietary (All Populations)	NOAEL=125 mg/kg/day	UFA= 10x

UFH= 10x

FQPA SF= 1x	Chronic RfD =

cPAD = 1.25mg/kg/day	Oral toxicity – dog

NOAEL = 125 mg/kg/day based upon decreased body weight gain in males and the statistically significant increase in the relative liver and kidney weights of males at the LOAEL of 500 mg/kg/day.  Supported by the NOAEL of 100 mg/kg/day/LOAEL 500 mg/kg/day in the rabbit developmental toxicity study.

Cancer (oral, dermal, inhalation)	Classification:  “Not likely to be Carcinogenic to Humans” based on lack of tumorigenic effects in rodent (rats and mice) bioassays at the limit doses and lack of mutagenic effects in the in vitro and in vivo genotoxicity assays.

Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (interspecies).  UFH = potential variation in sensitivity among members of the human population (intraspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.

VI.	Results/Discussion

As stated above, for acute and chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID™ analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 2 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years.  Cancer risk is determined for the general U.S. population only.  All dietary risk estimates are less than 1% of the cPAD and, therefore, are not of concern.

Table 2.  Summary of Dietary (Food + Drinking Water) Exposure and Risk for Nicosulfuron.

Population Subgroup	Acute (95th Percentile)	Chronic	Cancer

	Exposure (mg/kg/day)	% aPAD	Exposure

(mg/kg/day)	% cPAD	Exposure

(mg/kg/day)	Risk

General U.S. Population	N/A	N/A	0.000300	<1	N/A	N/A

All Infants (< 1 year old)

	0.000454	<1

Children 1-2 years old

	0.000835	<1

Children 3-5 years old

	0.000766	<1

Children 6-12 years old

	0.000540	<1

Youth 13-19 years old

	0.000362	<1

Adults 20-49 years old

	0.000225	<1

Adults 50+ years old

	0.000151	<1

Females 13-49 years old

	0.000226	<1

N/A = Not Applicable

VII.	Characterization of Inputs/Outputs

This assessment is a screening-level evaluation.  The inputs and assumptions used in this assessment are highly conservative with respect to dietary exposure and the exposure estimates presented in Table 2 are likely to overestimate any actual dietary exposures to nicosulfuron.

VIII.	Conclusions

There are no dietary exposure considerations that would preclude establishing tolerances for residues of nicosulfuron or granting the requested uses.

IX.	List of Attachments

Attachment 1.  Summary of input values for the chronic dietary assessment of nicosulfuron.

Attachment 2.  Results of the chronic dietary exposure and risk assessment for nicosulfuron.

Attachment 1.  Summary of input values for the chronic dietary assessment of nicosulfuron.

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for NICOSULFURON                       1994-98 data

Residue file: C:\Documents and Settings\mdoherty\My Documents\Chemistry Reviews\Nicosulfuron\129008 - 2009 Chronic.R98

                                                           Adjust. #2 NOT used

Analysis Date 09-30-2009             Residue file dated: 09-30-2009/11:44:06/8

Reference dose (RfD) = 1.25 mg/kg bw/day

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

Food Crop                                       Residue       Adj.Factors      Comment

EPA Code  Grp  Food Name                          (ppm)

                                                             #1         #2

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

21000440 M    Beef, meat                         0.010000   1.000      1.000

21000441 M    Beef, meat-babyfood                0.010000   1.000      1.000

21000450 M    Beef, meat, dried                  0.010000   1.920      1.000

21000460 M    Beef, meat byproducts              0.050000   1.000      1.000

21000461 M    Beef, meat byproducts-babyfood     0.050000   1.000      1.000

21000470 M    Beef, fat                          0.010000   1.000      1.000

21000471 M    Beef,fat-babyfood                  0.010000   1.000      1.000

21000480 M    Beef, kidney                       0.050000   1.000      1.000

21000490 M    Beef, liver                        0.050000   1.000      1.000

21000491 M    Beef, liver-babyfood               0.050000   1.000      1.000

15001200 15   Corn, field, flour                 0.100000   1.000      1.000

15001201 15   Corn, field, flour-babyfood        0.100000   1.000      1.000

15001210 15   Corn, field, meal                  0.100000   1.000      1.000

15001211 15   Corn, field, meal-babyfood         0.100000   1.000      1.000

15001220 15   Corn, field, bran                  0.100000   1.000      1.000

15001230 15   Corn, field, starch                0.100000   1.000      1.000

15001231 15   Corn, field, starch-babyfood       0.100000   1.000      1.000

15001240 15   Corn, field, syrup                 0.100000   1.500      1.000

15001241 15   Corn, field, syrup-babyfood        0.100000   1.500      1.000

15001250 15   Corn, field, oil                   0.100000   1.000      1.000

15001251 15   Corn, field, oil-babyfood          0.100000   1.000      1.000

15001260 15   Corn, pop                          0.100000   1.000      1.000

15001270 15   Corn, sweet                        0.100000   1.000      1.000

15001271 15   Corn, sweet-babyfood               0.100000   1.000      1.000

23001690 M    Goat, meat                         0.010000   1.000      1.000

23001700 M    Goat, meat byproducts              0.050000   1.000      1.000

23001710 M    Goat, fat                          0.010000   1.000      1.000

23001720 M    Goat, kidney                       0.050000   1.000      1.000

23001730 M    Goat, liver                        0.050000   1.000      1.000

24001890 M    Horse, meat                        0.010000   1.000      1.000

27002220 D    Milk, fat                          0.010000   1.000      1.000

27002221 D    Milk, fat - baby food/infant for   0.010000   1.000      1.000

27012230 D    Milk, nonfat solids                0.010000   1.000      1.000

27012231 D    Milk, nonfat solids-baby food/in   0.010000   1.000      1.000

27022240 D    Milk, water                        0.010000   1.000      1.000

27022241 D    Milk, water-babyfood/infant form   0.010000   1.000      1.000

27032251 D    Milk, sugar (lactose)-baby food/   0.010000   1.000      1.000

29003120 M    Rabbit, meat                       0.010000   1.000      1.000

26003390 M    Sheep, meat                        0.010000   1.000      1.000

26003391 M    Sheep, meat-babyfood               0.010000   1.000      1.000

26003400 M    Sheep, meat byproducts             0.050000   1.000      1.000

26003410 M    Sheep, fat                         0.010000   1.000      1.000

26003411 M    Sheep, fat-babyfood                0.010000   1.000      1.000

26003420 M    Sheep, kidney                      0.050000   1.000      1.000

26003430 M    Sheep, liver                       0.050000   1.000      1.000

86010000 O    Water, direct, all sources         0.000685   1.000      1.000

86020000 O    Water, indirect, all sources       0.000685   1.000      1.000

Attachment 2.  Results of the chronic dietary exposure and risk assessment for nicosulfuron.

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for NICOSULFURON                     (1994-98 data)

Residue file name: C:\Documents and Settings\mdoherty\My Documents\Chemistry Reviews\Nicosulfuron\129008 - 2009 Chronic.R98

                                                 Adjustment factor #2 NOT used.

Analysis Date 09-30-2009/11:44:41     Residue file dated: 09-30-2009/11:44:06/8

Reference dose (RfD, Chronic) = 1.25 mg/kg bw/day

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

                    Total exposure by population subgroup

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

                                                    Total Exposure

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

          Population                         mg/kg             Percent of

           Subgroup                       body wt/day             Rfd

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

U.S. Population (total)                     0.000300                 0.0%

U.S. Population (spring season)             0.000302                 0.0%

U.S. Population (summer season)             0.000315                 0.0%

U.S. Population (autumn season)             0.000295                 0.0%

U.S. Population (winter season)             0.000288                 0.0%

Northeast region                            0.000273                 0.0%

Midwest region                              0.000325                 0.0%

Southern region                             0.000294                 0.0%

Western region                              0.000308                 0.0%

Hispanics                                   0.000351                 0.0%

Non-hispanic whites                         0.000291                 0.0%

Non-hispanic blacks                         0.000316                 0.0%

Non-hisp/non-white/non-black                0.000278                 0.0%

All infants (< 1 year)                      0.000454                 0.0%

Nursing infants                             0.000134                 0.0%

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                         0.000576                 0.0%

Children 1-6  yrs                           0.000773                 0.1%

Children 7-12 yrs                           0.000517                 0.0%

Females 13-19 (not preg or nursing)         0.000310                 0.0%

Females 20+ (not preg or nursing)           0.000181                 0.0%

Females 13-50 yrs                           0.000247                 0.0%

Females 13+ (preg/not nursing)              0.000248                 0.0%

Females 13+ (nursing)                       0.000239                 0.0%

Males 13-19 yrs                             0.000412                 0.0%

Males 20+ yrs                               0.000215                 0.0%

Seniors 55+                                 0.000147                 0.0%

Children 1-2 yrs                            0.000835                 0.1%

Children 3-5 yrs                            0.000766                 0.1%

Children 6-12 yrs                           0.000540                 0.0%

Youth 13-19 yrs                             0.000362                 0.0%

Adults 20-49 yrs                            0.000225                 0.0%

Adults 50+ yrs                              0.000151                 0.0%

Females 13-49 yrs                           0.000226                 0.0%

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

Page   PAGE  1  of   NUMPAGES  7


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31680-31682]
[FR Doc No: 2017-14273]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0175]

Hours of Service of Drivers: Application for Exemption; Rail
Delivery Services (RDS)

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application from Rail
Delivery Services (RDS) for an exemption to spare its drivers who stay
within a 100 air-mile radius of their

normal work-reporting location but may occasionally return to that
location more than 12 hours later, from the requirement to complete a
record of duty status (RODS) for that day. RDS states that its fleet of
commercial motor vehicles (CMVs) are all equipped with a Global
Positioning System (GPS) vehicle tracking device, which they believe
justifies their request for this exemption and provides an equivalent
or greater level of safety than would be obtained by complying with the
regulations. FMCSA requests public comment on the RDS application for
exemption.

DATES: Comments must be received on or before August 7, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0715 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     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., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to 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 www.regulations.gov at any time or visit 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., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    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: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. 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-2017-0175), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0175'' 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 grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions for up to 5 years from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of
each exemption request in the Federal Register (49 CFR 381.315(a)). The
Agency must provide the public an opportunity to inspect the
information relevant to the application, including any safety analyses
that have been conducted. The Agency must also provide an opportunity
for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    RDS is, according to its Web site at www.raildelivery.com, a
``California-based intermodal trucking company moving freight, trailers
and containers between railroads, ports, consignees and shippers,
reliably and efficiently throughout California and adjacent states.''
RDS believes that all of its drivers--approximately 100-120--would
operate under the terms of the requested exemption from the 12-hour
limitation in the log-book exception in 49 CFR 395.1(e)(1). On a weekly
basis, RDS expects that about 15% of its drivers will return to their
work reporting location more than 12 hours after coming on duty, due to
waiting times at rail yards and shipper locations, while still
operating within the required 100 air-mile radius. The drivers who
occasionally exceed the 12-hour limitation nearly always return to the
terminal within 14 hours.
    On average, less than .02% of RDS drivers exceed the daily 14-hour
limit. A detailed report of hours worked is generated each morning,
which is reviewed daily by dispatchers and the Safety Department. If a
CMV is operated beyond the 14th hour, the departments work diligently
to determine whether the truck was over the hours-of-service (HOS)
limits, or utilized for personal conveyance. In virtually all of these
cases, owner-operators are using their vehicles for personal
conveyance, which is allowed by the HOS rules.
    According to RDS, at the present time, virtually all of its drivers
operate within a 70- to 80-mile radius of their home terminal. They are
home every day and for the most part meet the exemption requirements of
the 100 air-mile radius

driver. Some of these drivers record their hours worked on an
``exempt'' log. Other drivers complete a grid log, even though they
meet the 100 air-mile radius exemption. Both types of paper logs are
time consuming for the drivers and the Safety Department. For this
reason, RDS has embarked on the use of a vehicle recording device,
which has helped increase the company's safety performance. It
accurately records all of the drivers' activities including on-duty
time, driving time, and total hours for the day. RDS is using the
Geotab 7 system, a global positioning system (GPS) that tracks the
location of the vehicle.
    This electronic system allows for accuracy and ``real-time'' follow
up. RDS believes that with this system it is improving the safety of
the motoring public by ensuring that the drivers do not falsify their
log books or operate when they are tired. Additionally, proactive
measures have been implemented by RDS to improve highway safety. RDS
states that the use of a daily log book or an ``exempt'' log does not
enable the carrier to monitor and respond to these events in ``real-
time.'' Violations are discovered 12 to 24 hours later. However, with
the electronic tracking system all departments see the events in
``real-time'' and can respond immediately. This GPS system has allowed
the Safety Department to reduce the time spent auditing log books after
the fact.
    RDS believes that the use of the Geotab 7 system, along with their
increased focus on driver training and education, goes beyond
compliance with the Federal regulations. The system has allowed them to
provide ``real time'' oversight of the company's safety program. Every
time a driver exceeds posted speed limits an email alert is sent to the
Safety Department, dispatchers, and terminal management. Drivers are
notified via email and phone when safe to do so, advising them of the
need to slow down. Drivers also receive email notifications, letters,
and phone calls for instances of harsh cornering and hard braking. When
notified of these critical events, RDS's drivers receive critical
information on why and how to improve vehicle handling to avoid
rollovers, and how to better judge following distance and other issues
to avoid hard braking.
    RDS states that its procedures are designed to ensure that it
leases only the highest caliber of drivers with a proven record of safe
driving. RDS is committed to ensuring that its drivers operate in a way
that protects the motoring public.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    If this exemption is granted, RDS proposes to implement the
following conditions on its use of this exemption:
     Allow FMCSA and the State enforcement partners access to
its data as both a monitoring and training tool. This would be provided
to the Agency and State partners by granting them access at any time
through RDS's web portal.
     RDS will maintain a Satisfactory safety rating.
     RDS drivers will carry a copy of the exemption with them
when operating the CMV.
     RDS will conduct a minimum of four safety meetings per
year.
     RDS will continue their ongoing immediate notification and
training for any drivers who exceed a speed limit.
     RDS will continue its ongoing immediate notification and
training for any drivers who exceed the HOS limits.
    A copy of the RDS application for exemption is available for review
in the docket for this notice.

    Issued on: June 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14273 Filed 7-6-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Page 11592]
[FR Doc No: 2017-03681]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4297-DR; Docket ID FEMA-2017-0001]

Georgia; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Georgia (FEMA-4297-DR), dated January 26, 2017, and
related determinations.

DATES: Effective Date: February 7, 2017.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Georgia is hereby amended to include the Public
Assistance program for the following areas among those areas determined
to have been adversely affected by the event declared a major disaster
by the President in his declaration of January 26, 2017.

    Baker, Brooks, Calhoun, Clay, and Crisp Counties for Public
Assistance.
    Cook, Dougherty, Thomas, Turner, Wilcox, and Worth Counties for
Public Assistance (already designated for Individual Assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-03681 Filed 2-23-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1254-1256]
[FR Doc No: 2022-00135]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2021-0167]

Agency Information Collection Activities: Renewed Approval of
Information Collection

AGENCY: Office of the Secretary (OST), DOT.

ACTION: 60-Day notice and request for comments.

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

SUMMARY: The Department of Transportation (DOT) invites public comments
on our intention to request Office of Management and Budget (OMB)
approval for an information collection in accordance with the
requirements of the Paperwork Reduction Act of 1995. The collection is
necessary for administration of the ``Discretionary Grants for
Nationally Significant Multimodal Freight and Highway Projects (INFRA)
Program''. INFRA grants support surface transportation infrastructure
projects that have a significant local or regional impact.

DATES: Written comments should be submitted by March 11, 2022.

ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W-12-140,
1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is<PHONE_NUMBER>.

    Instructions: To ensure proper docketing of your comment, please
include the agency name and docket number [DOT-OST-2021-0167] at the
beginning of your comments. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice, please contact the Office of the Secretary via email at
[email protected], or call Paul Baumer at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: New Collection. OMB number will be issued
after the collection is approved.
    Title: Discretionary Grants for Nationally Significant Multimodal
Freight and Highway Projects (INFRA) Program.
    Form Numbers: None.
    Type of Review: New Information Collection Request (ICR).
    Background: The Office of the Secretary (OST) within the Department
of Transportation (DOT) provides financial assistance to State and
local Governments, including U.S. territories, tribal Governments,
transit agencies, port authorities, metropolitan planning organizations
(MPOs), and other political subdivisions of State or local Governments
through the Nationally Significant Freight and Highway Projects
Program, which was established in the Fixing American's Surface
Transportation Act of 2015 (``FAST ACT''), Public Law 114-94 Sec.
1105, and continued in the Infrastructure Investment and Jobs Act of
2021. The Office of the Secretary of Transportation (``OST'') is
referring to these grants as ``FASTLANE'' or ``INFRA'' Discretionary
Grants, depending on the year of award. The purpose of each program is
to advance projects that will have a significant impact on the Nation,
metropolitan area or a region.
    This notice seeks comments on the proposed information collection,
which will collect information necessary to support the ongoing
oversight and administration of previous awards, the evaluation and
selection of new applications, and the funding agreement negotiation
stage for new awards.
    The reporting requirements for the program is as follows:
    To be considered to receive a INFRA grant, a project sponsor must
submit an application to DOT containing a project narrative, as
detailed in the Notice of Funding Opportunity. The project narrative
should include the information necessary for the Department to
determine that the project satisfies eligibility requirements as
warranted by law.
    Following the announcement of a funding award, the recipient and
DOT will negotiate and sign a funding agreement. In the agreement, the
recipient must describe the project that DOT agreed to fund, which is
the project that was described in the INFRA application or a reduced-
scope version of that project. The agreement also includes a project
schedule, budget, and project-related climate change and equity
planning and policies.
    During the project monitoring stage, grantees will submit reports
on the financial condition of the project and the project's progress.
Grantees will submit progress and monitoring reports to the Government
on a quarterly basis until completion of the project. The progress
reports will include an SF-425, Federal Financial Report, and other
information determined by the administering DOT Operating
Administration. This information will be used to monitor grantees' use
of Federal funds, ensuring accountability and financial transparency in
the INFRA program.
    For the purposes of estimating the information collection burden
below for new applicants and awardees, the Department is assuming that
for each year 2022-2024, the Department will review approximately 250
applications in Year 1, negotiate 35 funding agreements in Year 2, and
begin quarterly project monitoring for 35 projects in Year 3. For a new
applicant in 2022, their burden will be 100 hours in 2022, 6 hours in
2023, and 20 hours in 2024. See Table 1 below:

                                                                         Table 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Year 1 (2022)             Year 2 (2023)             Year 3 (2024)
                          Respondent                          ------------------------------------------------------------------------------    Total
                                                                  Hours      Frequency      Hours      Frequency      Hours      Frequency
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Applicant (250).........................................          100            1  ...........  ...........  ...........  ...........       25,000
2022 Awardee (35)............................................  ...........  ...........           -6            1  ...........  ...........          210
2022 Recipient (35)..........................................  ...........  ...........  ...........  ...........            5            4          700
                                                              ------------------------------------------------------------------------------------------
2023 Applicant (250).........................................  ...........  ...........          100            1  ...........  ...........       25,000
2023 Awardee (35)............................................  ...........  ...........  ...........  ...........            6            1          210
2023 Recipient (35)..........................................
                                                              ------------------------------------------------------------------------------------------
2024 Applicant (250).........................................  ...........  ...........  ...........  ...........          100            1       25,000
2024 Awardee (35)............................................
2024 Recipient (35)..........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This Notice is separately estimating the information collection
burden for projects awarded from 2016-2021. Approximately 60 of these
projects are in the project monitoring phase in Year 1, while 40
projects are still negotiating funding agreements. In Year 2,
approximately 30 of these projects will begin project monitoring, while
approximately 20 projects will cease reporting once their projects are
completed. In Year 3, 10 projects will begin project monitoring while
20 projects will cease reporting. The individual burden for a project
awarded from 2016-2021 will depend on when they were selected, when
they completed negotiation of their funding agreement, and when their
project reaches completion. See Table 2 below:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Year 1                        Year 2                        Year 3
                     Respondent                      ------------------------------------------------------------------------------------------   Total
                                                       Number      Hrs      Freq     Number      Hrs      Freq     Number      Hrs      Freq
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016-2021 Awardee...................................        40         4         1        10         4         1         0         4         1       200
2016-2021 Recipient.................................        60         5         4        70         5         4        60         5         4      3800

2016-2021 Project Closed............................         0         0         0        20         0         0        40         0         0  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Department's estimated burden for this information collection
is the following:

For New Applications

    Expected Number of Respondents: Approximately 250 per year.
    Frequency: Once.
    Estimated Average Burden per Response: 100 hours for each new
Application.

For Funding Agreements

    Expected Number of Respondents: Approximately 35 in Year 1, 2 and
3.
    Frequency: Once.
    Estimated Average Burden per Response: 6 hours for each new Funding
Agreement.

For Project Monitoring

    Expected Number of Respondents: Approximately 60 in Year 1, 70 in
Year 2, 80 in Year 3.
    Frequency: Quarterly.
    Estimated Average Burden per Response: 5 hours for each request for
Quarterly Progress and Monitoring Report.
    Estimated Total 3-Year Burden on Respondents: 79,700 hours. (New
Applicants [75,000 hrs], New Awardees/Recipients [700 hrs] + Prior
Awardees/Recipients [4000 hrs]).
    The following is detailed information and instructions regarding
the specific reporting requirements for each report identified above:

Application Stage

    To be considered to receive a INFRA grant, a project sponsor must
submit an application to DOT containing a project narrative, as
detailed in the Notice of Funding Opportunity. The project narrative
should include the information necessary for the Department to
determine that the project satisfies eligibility requirements.
    Applications must be submitted through www.Grants.gov. Instructions
for submitting applications can be found at https://www.transportation.gov/buildamerica/infragrants. The application must
include the Standard Form 424 (Application for Federal Assistance),
Standard Form 424C (Budget Information for Construction Programs),
cover page, and the Project Narrative.
    The application should include a table of contents, maps, and
graphics, as appropriate, to make the information easier to review. The
Department recommends that the application be prepared with standard
formatting preferences (i.e., a single-spaced document, using a
standard 12-point font such as Times New Roman, with 1-inch margins).
The project narrative may not exceed 25 pages in length, excluding
cover pages and table of contents. The only substantive portions that
may exceed the 25-page limit are documents supporting assertions or
conclusions made in the 25-page project narrative. If possible, website
links to supporting documentation should be provided rather than copies
of these supporting materials. If supporting documents are submitted,
applicants should clearly identify within the project narrative the
relevant portion of the project narrative that each supporting document
supports. At the applicant's discretion, relevant materials provided
previously to a modal administration in support of a different USDOT
financial assistance program may be referenced and described as
unchanged.
    OST estimates that it takes approximately 100 person-hours to
compile an application package for a INFRA application. Since OST
expects to receive 250 applications per funding round, the total hours
required are estimated to be 25,000 hours (100 hours x 250 applications
= 25,000 hours) on a one-time basis, per funding round.

Funding Agreement Stage

    DOT enters a funding agreement with each recipient. In the
agreement, the recipient describes the project that DOT agreed to fund,
which is typically the project that was described in the INFRA
application or a reduced-scope version of that project. The agreement
also includes a project schedule, budget, and project related climate
change and equity planning and policies.
    OST estimates that it takes approximately 6 person-hours to respond
to provide the information necessary for funding agreements. Based on
previous rounds of INFRA awards, OST estimates that there will likely
be 35 agreements negotiated per additional funding round. The total
hours required are estimated to be 120 (6 hours x 35 agreements = 210
hours) on a one-time basis, per funding round.

Project Monitoring Stage

    OST requires each recipient to submit quarterly reports during the
project to ensure the proper and timely expenditure of Federal funds
under the grant.
    The requirements comply with 2 CFR part 200 and are restated in the
funding agreement. During the project monitoring stage, the grantee
will complete Quarterly Progress Reports to allow DOT to monitor the
project budget and schedule.
    OST estimates that it takes approximately 5 person-hours to develop
and submit a quarterly progress report. OST expects approximately 35
projects to be awarded per funding round, while grants awarded in prior
years will reach completion during the year and would no longer need to
submit these reports. OST expects recipients and awardees from 2016-
2021 will require 3800 hours to submit project monitoring reports while
new recipients and awardees will require 700 hours from 2022-2024.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC.
John Augustine,
Director of the Office of Infrastructure Finance and Innovation, Office
of the Under Secretary for Transportation Policy.
[FR Doc. 2022-00135 Filed 1-7-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72809-72810]
[FR Doc No: 2016-25497]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Request for Nominations for Voting Members on a Public Advisory
Committee; Food Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for voting members to serve on the Food Advisory Committee
(the Committee), Office of Regulations, Policy, and Social Sciences,
Center for Food Safety and Applied Nutrition.
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and, therefore, encourages nominations of
appropriately qualified candidates from these groups.

DATES: Nominations received on or before December 20, 2016, will be
given first consideration for membership on the Food Advisory
Committee. Nominations received after December 20, 2016, will be
considered for nomination to the committee as later vacancies occur.

ADDRESSES: All nominations for membership should be sent electronically
by logging into the FDA Advisory Committee Membership Nomination
Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee Oversight and Management
Staff, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, Rm. 5103, Silver Spring, MD 20993-0002.

FOR FURTHER INFORMATION CONTACT: Regarding all nomination questions for
membership, the primary contact is: Karen Strambler, 5001 Campus Drive,
Rm. 1C-008, College Park, MD 20740, email<EMAIL_ADDRESS>
240-402-2589, Fax:<PHONE_NUMBER>.
    Information about becoming a member on an FDA advisory committee
can also be obtained by visiting FDA's Web site by using the following
link: http://www.fda.gov/AdvisoryCommittees/default.htm.

SUPPLEMENTARY INFORMATION: FDA is requesting nomination for voting
members on the Committee.

I. General Description of the Committee Duties

    The Committee reviews and evaluates emerging food safety,
nutrition, and other food- or cosmetic-related health issues that FDA
considers of primary importance for its food and cosmetics programs.
The Committee may be charged with reviewing and evaluating available
data and making recommendations on matters such as those relating to:
(1) Broad scientific and technical food- or cosmetic-related issues,
(2) the safety of food ingredients and new foods, (3) labeling of foods
and cosmetics, (4) nutrient needs and nutritional adequacy, and (5)
safe exposure limits for food contaminants. The Committee may also be
asked to provide advice and make recommendations on ways of
communicating to the public the potential risks associated with these
issues and on approaches that might be considered for addressing the
issues.

II. Criteria for Voting Members

    The Committee consists of a core of 15 voting members including the
Chair. Members and the Chair are selected by the Commissioner of Food
and Drugs (the Commissioner) designee from among authorities
knowledgeable in the fields of physical sciences, biological and life
sciences, food science, risk assessment, nutrition, food technology,
molecular biology, epidemiology and other relevant scientific and
technical disciplines. Members will be invited to serve for overlapping
terms of up to 4 years. Almost all non-Federal members of this
Committee serve as Special Government Employees. The core of voting
members may include two technically qualified member(s), selected by
the Commissioner or designee, who are identified with consumer
interests and are recommended by either a consortium of consumer-
oriented organizations or other interested persons. In addition to the
voting members, the Committee may include two non-voting member(s) who
are identified with industry interests.

III. Nomination Procedures

    Any interested person may nominate one or more qualified
individuals for membership on the advisory committee. Self-nominations
are also accepted. Nominations must include a current, complete
r[eacute]sum[eacute] or curriculum vitae for each nominee, including
current business address and/or home address, telephone number, and
email address if available. Nominations must also

specify the advisory committee for which the nominee recommended.
Nominations must also acknowledge that the nominee is aware of the
nomination unless self-nominated. FDA will ask potential candidates to
provide detailed information concerning such matters related to
financial holdings, employment, and research grants and/or contracts to
permit evaluation of possible sources of conflicts of interest.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: October 18, 2016.
Janice M. Soreth,
Acting Associate Commissioner, Special Medical Programs.
[FR Doc. 2016-25497 Filed 10-20-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Proposed Rules]
[Pages 61555-61557]
[FR Doc No: 2022-22110]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0090; FRL-10222-01-R3]

Air Plan Approval; Delaware; Removal of Excess Emissions
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain portions of a state implementation plan (SIP) revision
submitted by the State of Delaware, through the Delaware Department of
Natural Resources and Environmental Control (DNREC), on November 22,
2016. The revision was submitted by Delaware in response to a national
finding of substantial inadequacy and SIP call published on June 12,
2015, which included certain provisions in the Delaware SIP related to
excess emissions during startup, shutdown, and malfunction (SSM)
events. EPA is proposing to approve two specific provisions of the
submitted SIP revision and proposing to determine that such SIP
revision corrects some of the deficiencies in Delaware's SIP identified
in the June 12, 2015, SIP call. EPA plans to act on the remainder of
the SIP revision in a separate action or actions.

DATES: Written comments must be received on or before November 14,
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0090 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is<PHONE_NUMBER>. Ms. Moser can also be reached via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to EPA.

I. Background

    On February 22, 2013, the EPA issued a Federal Register notice of
proposed rulemaking outlining EPA's policy at the time with respect to
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP
provisions and explained how each one either did or did not comply with
the Clean Air Act (CAA) with regard to excess emission events.\1\ For
each SIP provision that EPA determined to be inconsistent with the CAA,
EPA proposed to find that the existing SIP provision was substantially
inadequate to meet CAA requirements and thus proposed to issue a SIP
call under CAA section 110(k)(5). On September 17, 2014, EPA issued a
document supplementing and revising what the Agency had previously
proposed on February 22, 2013, in light of a D.C. Circuit decision that
determined the CAA precludes authority of the EPA to create affirmative
defense provisions applicable to private civil suits. EPA outlined its
updated policy that affirmative defense SIP provisions are not
consistent with CAA requirements. EPA proposed in the supplemental
proposal document to apply its revised interpretation of the CAA to
specific affirmative defense SIP provisions and proposed SIP calls for
those provisions where appropriate (79 FR 55920, September 17, 2014).
---------------------------------------------------------------------------

    \1\ State Implementation Plans: Response to Petition for
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To
Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460 (February 22, 2013).
---------------------------------------------------------------------------

    On June 12, 2015, pursuant to CAA section 110(k)(5), EPA finalized
``State Implementation Plans: Response to Petition for Rulemaking;
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of Startup, Shutdown and
Malfunction'' (80 FR 33840, June 12, 2015), hereafter referred to as
the ``2015 SSM SIP Action.'' The 2015 SSM SIP Action clarified,
restated, and updated EPA's interpretation that SSM exemption and
affirmative defense SIP provisions are inconsistent with CAA
requirements. The 2015 SSM SIP Action found that certain SIP provisions
in 36 states were substantially inadequate to meet CAA requirements and
issued a SIP call to those states to submit SIP revisions to address
the inadequacies. EPA established an 18-month deadline by which the
affected states had to submit such SIP revisions. States were required
to submit corrective revisions to their SIPs in response to the SIP
calls by November 22, 2016.
    EPA issued a Memorandum in October 2020 (2020 Memorandum), which
stated that certain provisions governing SSM periods in SIPs could be
viewed as consistent with CAA requirements.\2\ Importantly, the 2020
Memorandum stated that it ``did not alter in any way the determinations
made in the 2015 SSM SIP Action that identified specific state SIP
provisions that were substantially inadequate to meet the requirements
of the Act.'' Accordingly, the 2020 Memorandum had no direct impact on
the SIP call issued to Delaware in 2015. The 2020 Memorandum did,
however, indicate EPA's intent at the time to review SIP calls that
were issued in the 2015 SSM SIP Action to determine whether EPA should
maintain, modify, or withdraw particular SIP calls through future
agency actions.
---------------------------------------------------------------------------

    \2\ October 9, 2020, memorandum ``Inclusion of Provisions
Governing Periods of Startup, Shutdown, and Malfunctions in State
Implementation Plans,'' from Andrew R. Wheeler, Administrator.
---------------------------------------------------------------------------

    On September 30, 2021, EPA's Deputy Administrator withdrew the 2020
Memorandum and announced EPA's return to the policy articulated in the
2015 SSM SIP Action (2021 Memorandum).\3\ As articulated in the 2021
Memorandum, SIP provisions that contain exemptions or affirmative
defense provisions are not consistent with CAA requirements and,
therefore, generally are not approvable if contained in a SIP
submission. This policy approach is intended to ensure that all
communities and populations, including overburdened communities,
receive the full health and environmental protections provided by the
CAA.\4\ The 2021 Memorandum also retracted the prior statement from the
2020 Memorandum of EPA's plans to review and potentially modify or
withdraw particular SIP calls. That statement no longer reflects EPA's
intent. EPA intends to implement the principles laid out in the 2015
SSM SIP Action as the agency takes action on SIP submissions, including
this SIP submittal provided in response to the 2015 SIP call.
---------------------------------------------------------------------------

    \3\ September 30, 2021, memorandum ``Withdrawal of the October
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions
in State Implementation Plans and Implementation of the Prior
Policy,'' from Janet McCabe, Deputy Administrator.
    \4\ 80 FR 33985, June 12, 2015.
---------------------------------------------------------------------------

    With regard to the Delaware SIP, in the 2015 SSM SIP Action, EPA
determined that the following regulations were substantially inadequate
to meet CAA requirements (80 FR 33973, June 12, 2015): Title 7 of
Delaware's Administrative Code (7 DE Admin. Code) 1104 Section 1.5, 7,
DE Admin. Code 1105 Section 1.7, 7 DE Admin. Code 1108 Section 1.2, 7
DE Admin. Code 1109 Section 1.4, 7 DE Admin. Code 1114 Section 1.3, 7
DE Admin. Code 1124 Section 1.4, and 7 DE Admin. Code 1142 Section
<IP_ADDRESS>. These provisions allow for exemptions from otherwise
applicable SIP emission limitations. The rationale underlying EPA's
determination that these provisions were substantially inadequate to
meet CAA requirements, and therefore to issue a SIP call to Delaware to
remedy the provisions, is detailed in the 2015 SSM SIP Action and the
accompanying proposals.
    Delaware submitted a SIP revision on November 22, 2016, in response
to the SIP call issued in the 2015 SSM SIP Action. Delaware's 2016 SIP
submission addressed all of the SIP provisions identified in the SIP
call, but this proposed action is only addressing the portion of
Delaware's submittal that pertains to 7 DE Admin. Code 1124, Section
1.4 and 7 DE Admin. Code 1142 Section <IP_ADDRESS>. 7 DE Admin. Code 1124
regulates various coating and non-coating sources of VOCs, while 7 DE
Admin. Code 1142 controls NOX emissions from industrial
boilers and process heaters at petroleum refineries. EPA is acting on
these two provisions first because they are subject to a court ordered
deadline of February 22, 2023, whereas the remaining provisions have
court ordered deadlines of June 22, 2023, for a proposed action, and
October 20, 2023, for a final action. Delaware's 2016 SIP submission
showed that these two regulatory provisions had been removed from
Delaware's regulations, and therefore Delaware requested that EPA
remove these provisions from the Delaware SIP. Delaware's 2016
submission also notes that the deficiency highlighted in 7 DE Admin.
Code 1108 Section 1.2 was corrected by a previous SIP revision, which
was submitted to EPA on July 10, 2013.\5\ In its 2016 submission,
Delaware also requested that EPA approve revisions to the remaining
four provisions in the Delaware SIP that were highlighted in the 2015
SSM SIP Action. EPA will be acting on those revisions under a separate
action or actions.
---------------------------------------------------------------------------

    \5\ EPA approval of the July 10, 2013, SIP submittal on July 11,
2022. See 87 FR 41074.

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

II. Summary of SIP Revision and EPA Analysis

    EPA is proposing to approve those portions of Delaware's November
22, 2016, SIP submission addressing 7 DE Admin. Code 1124 Section 1.4
and 7 DE Admin. Code 1142 Section <IP_ADDRESS>. Delaware's 2016 SIP
submission shows that these two provisions have been removed from
Delaware's regulations,\6\ and EPA has confirmed that these two
provisions are no longer in Delaware's regulations.\7\ Based on
Delaware's request to remove these sections from the Delaware SIP, EPA
proposes to find that Delaware's November 22, 2016, SIP revision, for 7
DE Admin. Code 1124 Section 1.4 and 7 DE Admin. Code 1142 Section
<IP_ADDRESS> only, is consistent with CAA requirements and addresses two of
the seven deficiencies that EPA identified in the 2015 SSM SIP Action
with respect to the Delaware SIP. Delaware's 2016 SIP submission also
made small, non-substantive style changes to other sections of 7 DE
Admin. Code 1142, which EPA is proposing to approve. These changes
consisted of inserting the words ``subsection'' or ``section'' before
references to specific regulatory provisions to conform to Delaware's
regulatory style requirements. Also, on July 11, 2022, EPA published a
Final Rule which removed the SSM provisions contained in 7 DE Admin.
Code 1108, from the Delaware SIP.\8\ EPA will act on the revisions that
address the deficiencies in 7 DE Admin. Code 1104 Section 1.5, 7 DE
Admin. Code 1105 Section 1.7, 7 DE Admin. Code 1109 Section 1.4, and 7
DE Admin. Code 1114 Section 1.3 in a separate action or actions.
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    \6\ See Appendix A to Delaware's November 21, 2016, SIP
submission, found in the docket for this action.
    \7\ See www.regulations.delaware.gov/AdminCode/title7/1000/1100/1124.pdf and www.regulations.delaware.gov/AdminCode/title7/1000/1100/1142.pdf.
    \8\ 87 FR 41074.
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III. Proposed Action

    EPA is proposing to approve that portion of Delaware's November 22,
2016, SIP submission addressing 7 DE Admin. Code 1124 Section 1.4 and 7
DE Admin. Code 1142 Section <IP_ADDRESS>. These specific provisions have
been removed from Delaware's regulations and this action is proposing
to remove these two provisions from the EPA-approved Delaware SIP. EPA
is further proposing to determine that this portion of Delaware's 2016
SIP revision corrects two of the seven deficiencies identified in the
June 12, 2015, SIP call. EPA is not reopening the 2015 SSM SIP Action
and is only taking comment on whether this SIP revision is consistent
with CAA requirements and whether it addresses the inadequacies in the
two specific Delaware SIP provisions (7 DE Admin. Code 1124 Section 1.4
and 7 DE Admin. Code 1142 Section <IP_ADDRESS>) identified in the 2015 SSM
SIP Action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the amendments to 1124, Control of Volatile Organic Compound
Emissions, and 1142, Specific Emission Control Requirements, in section
52.420, as explained in Section II of this preamble. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 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 CAA. Accordingly, this
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:
    Accordingly, this 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 mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, which corrects some of the
deficiencies in Delaware's SIP identified in the June 12, 2015, SIP
call, does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because the SIP is not approved
to apply in Indian country located in the State, and EPA notes that it
will not 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, Volatile
organic compounds.

Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-22110 Filed 10-11-22; 8:45 am]
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