[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52384-52388]
[FR Doc No: 2012-21200]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0218]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 28 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before September 28, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0218 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: 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 numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<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:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 28 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Anthony J. Annatone

    Mr. Annatone, age 61, has had ITDM since 2008. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Annatone understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Annatone meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A Commercial Driver's License (CDL) from
Florida.

Trevor J. Corley

    Mr. Corley, 29, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Corley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Corley meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Texas.

 Shannon K. Ellingsworth

    Ms. Ellingsworth, 45, has had ITDM since 2011. Her endocrinologist
examined her in 2012 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Ellingsworth that she
understands diabetes management and monitoring, has stable control of
her diabetes using insulin, and is able to drive a CMV safely. Ms.
Ellingsworth meets the vision requirements of 49 CFR 391.41(b)(10). Her
optometrist examined her in 2012 and certified that she does not have
diabetic retinopathy. She holds a Class D operator's license from
Kentucky.

Richard T. Ewell

    Mr. Ewell, 44, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ewell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ewell meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Illinois.

Norman S. Forsythe

    Mr. Forsythe, 64, has had ITDM since 1991. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Forsythe understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Forsythe meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class B CDL from Wisconsin.

Patrick D. Fortier

    Mr. Fortier, 59, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fortier understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fortier meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Minnesota.

Daniel J. Gladen

    Mr. Gladen, 39, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gladen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gladen meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.

Walter V. Gruba

    Mr. Gruba, 60, has had ITDM since 2007. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gruba understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gruba meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Virginia.

Marshall D. Howell

    Mr. Howell, 53, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Howell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Howell meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Michigan.

Larry Knox

    Mr. Knox, 55, has had ITDM since 1995. His endocrinologist examined
him in 2012 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Knox understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Knox meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and
certified that he does not have diabetic retinopathy. He holds a Class
D operator's license from Alaska.

Roger P. LaFever

    Mr. LaFever, 69, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. LaFever understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. LaFever meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Wisconsin.

Blaze E. Lampman

    Mr. Lampman, 57, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lampman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lampman meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have

diabetic retinopathy. He holds a Class D operator's license from New
York.

William R. Lawrence

    Mr. Lawrence, 63, has had ITDM since 2007. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lawrence understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lawrence meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Montana.

Duane J. Mullins

    Mr. Mullins, 56, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mullins understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mullins meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Wisconsin.

Louis R. Noellsch

    Mr. Noellsch, 68, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Noellsch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Noellsch meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Washington.

Darrin W. Pettis

    Mr. Pettis, 35, has had ITDM since 2006. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pettis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pettis meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Washington.

Michael J. Raposa

    Mr. Raposa, 54, has had ITDM since 2004. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Raposa understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Raposa meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Massachusetts.

Jeremy K. Redger

    Mr. Redger, 26, has had ITDM since 1992. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Redger understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Redger meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class E operator's license from Louisiana.

Anthony E. Reed

    Mr. Reed, 53, has had ITDM since 2012. His endocrinologist examined
him in 2012 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Reed understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Reed meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Missouri.

Earl L. Slater

    Mr. Slater, 55, has had ITDM since 1997. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Slater understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Slater meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from New York.

Keith J. Tavares

    Mr. Tavares, 26, has had ITDM since 1993. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tavares understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tavares meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable

nonproliferative diabetic retinopathy. He holds a Class A CDL from
Massachusetts.

Phillip L. Truitt

    Mr. Truitt, 58, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Truitt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Truitt meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Maryland.

Gregory H. Tullock

    Mr. Tullock, 58, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tullock understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tullock meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from New Jersey.

Michael D. Underwood

    Mr. Underwood, 58, has had ITDM since 1966. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Underwood understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Underwood meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Alabama.

Raffaele Vano

    Mr. Vano, 64, has had ITDM since prior to 2008. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Vano understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vano meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL from New York.

Brian D. Weeden

    Mr. Weeden, 49, has had ITDM since 2005. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Weeden understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Weeden meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
an operator's license from New Hampshire.

David A. Weinbroer

    Mr. Weinbroer, 58, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Weinbroer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Weinbroer meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kentucky.

Robert J. Westover

    Mr. Westover, 45, has had ITDM since 1992. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Westover understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Westover meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Wisconsin.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year

driving experience and fulfilled the requirements of section 4129 while
continuing to ensure that operation of CMVs by drivers with ITDM will
achieve the requisite level of safety required of all exemptions
granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21200 Filed 8-28-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Page 57921]
[FR Doc No: 2013-23041]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

A.G. Volney Center, Inc. (f/k/a Buddha Steel, Inc.), China Green
Material Technologies, Inc., China Tractor Holdings, Inc., and Franklin
Towers Enterprises, Inc.; Order of Suspension of Trading

September 18, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
A.G. Volney Center, Inc. (f/k/a Buddha Steel, Inc.) because it has not
filed any periodic reports since the period ended September 30, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Green Material Technologies, Inc. because it has not filed any
periodic reports since the period ended September 30, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Tractor Holdings, Inc. because it has not filed any periodic
reports since the period ended September 30, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Franklin Towers Enterprises, Inc. because it has not filed any periodic
reports since the period ended September 30, 2010.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on September 18, 2013, through 11:59 p.m. EDT on October 1, 2013.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-23041 Filed 9-18-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[Rules
and Regulations]
[Page 4472]
[DOCID:fr25ja08-25]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0015]
RIN 1625-AA09

Drawbridge Operation Regulations; Potomac River, Between Maryland
and Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has approved a
temporary deviation from the regulations governing the operation of the
new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac
River between Alexandria, Virginia and Oxon Hill, Maryland. This
deviation will allow the contractor to complete commissioning and final
testing for the new Woodrow Wilson Bridge construction project. This
deviation allows the new drawbridge to remain closed-to-navigation each
day from 10 a.m. to 2 p.m. beginning on January 26, 2008 until and
including March 1, 2008.

DATES: This deviation is effective from 10 a.m. on January 26, 2008,
until 2 p.m. on March 1, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at Commander (dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-
5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. Commander (dpb),
Fifth Coast Guard District maintains the public docket for this
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In June 2006, the southernmost portion of
the bascule spans for the new Woodrow Wilson Memorial Bridge, at mile
103.8, across Potomac River between Alexandria, Virginia and Oxon Hill,
Maryland was publicly placed into service, switching I-95 Northbound
traffic onto the new Outer Loop portion of the bridge. The newly-
constructed portion of the bridge will be required to open for vessels
in accordance with the current drawbridge operating regulations set out
in 33 CFR 117.255(a).
    While the drawbridge is operational, coordinators for the
construction of the new Woodrow Wilson Bridge Project indicated that
the bascule span is not yet fully commissioned and cannot run at full
speed, resulting in extended Interstate 95/495 traffic stoppages during
openings. Opening the new bascule span for a vessel at this time would
take approximately 45 minutes in a best case scenario. This has the
potential to have a significant impact upon I-95 traffic, especially
during the 10 a.m. to 2 p.m. bridge-opening time frame currently
available for commercial vessels, in accordance with 33 CFR 117.255(a).
    Coordinators requested a temporary deviation from the current
operating regulation for the new Woodrow Wilson Memorial (I-95) Bridge
set out in 33 CFR 117.255(a).
    Though good progress has been made regarding commissioning of the
north and south drawbridges (both now carrying I-95 vehicle traffic),
the coordinators are requesting this deviation from the normal 10 a.m.
to 2 p.m. opening period, to proceed with commissioning activities
through March 1, 2008. From a river-user standpoint, the coordinators
have received no requests from boaters or mariners for a bridge opening
during the 10 a.m. to 2 p.m. timeframe since the passage of the tall
ship ``Gloria'' in July 2007.
    The coordinators requested that the new drawbridge not be available
for openings for vessels each day between the hours of 10 a.m. to 2
p.m. from Saturday, January 26, 2008 through Saturday, March 1, 2008.
The temporary deviation will only affect vessels with mast heights of
75 feet or greater. Management of the Federal and auxiliary channels
will continue to be closely coordinated between the coordinators for
the construction of the new Woodrow Wilson Bridge Project, the Coast
Guard and vessels requesting transit through the construction zone.
Furthermore, all affected vessels with mast heights greater than 75
feet will be able to receive an opening of the new drawbridge in the
``off-peak'' vehicle traffic hours (evening and overnight) in
accordance with 33 CFR 117.255(a). Maintaining the new drawbridge in
the closed-to-navigation position each day from 10 a.m. to 2 p.m. on
January 26, 2008 through March 1, 2008, will help reduce the impact to
vehicular traffic during this phase of the new bridge construction.
    The Coast Guard has informed the known users of the waterway of the
closure period for the bridge so that these vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(c), this work will be performed
with all due speed in order to return the bridge to normal operation as
soon as possible. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: January 14, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
 [FR Doc. E8-1240 Filed 1-24-08; 8:45 am]

BILLING CODE 4910-15-P


Rev. 3/ 31/ 01 THIRD PARTY EWINATION MATERIALS Department of Health Environmental Health Ariministration Lead% ased Paint Abatement Progkn APPENDIX K / Garjamate intormation Bulletin To Appry 1 This Bulktin exafains thep~ ocessfor takingthe eXarmnaa  onrequiredfer Lead Abatermnt certification in Washington, D. C. There arecertainsteps a candidatemust takebefore becomingeligible to take the Lead Abatement examinations.

Candidates must complete the requited training course for their specific area.

Candidates obtain authorization to test fiom the Lead PoisonPrevention Division. TheDivision will provide candidates withaninterim certification numbex on a lettexof eligibility on D. C Depaament of Healthofficialletterhead.

Once you have obtainedthisauttaorization to test, completethe enclosed ExaminatonRegistration Form Theexamfee of $ 35per part must be paid in the form of a & a s checkormoney order. Mail the Registration FormandfeetoExpaior. Experior 2100 N. W. 53   Avenue Gainesville, FL32653 Phone: 800.280.3926 An admission notice will be mailedto you at least two weeks before the exam date you select. If you do notreceive thisnotice withinfive businessdays of that date, call hperior. Bring the admission notice to the exam site, alongwith a legal government issuedphoto identification.

Scores will be mailed toyou and theLead Poison Prevention Divisionwithin10business days. If you do not receive your score reportafter that time, call Experior. Theretake fee of$ 35per part in theform of cashier s check or mney order for paper pencil testing. Theretake infomation wiU be on thescore noticeyou receive.

If a visual, physical, medicalor learning dhbility prevents you fromtaking the examination under normal conditions, you may request aspecial accommodatioa. Pleasecall~ mtorequest ADA information. DISTRICT OF COLUMBIA Lead Abatement Walk in Testing Walk intesting is available forapproved candidates at Expaior sSpringfield test center five days a week The office is located at 5502PortRoyalRoad, Springield, VA 2215 1. candidates must call the Sp@ ield officeat 703.321.7161 to vmfy availability and registration times. Thewalk infee is $ 30in addition to the examination fee@).

I What toBrina to the Examination

0 Two No. 2 sharpened pencils 0 Youradmissionnotice e Yourgovernment issued photo identification 0 A silent, nonprinting, nonprogrammabk calculator Rbschsduling I Once scheduledforanexamination, candidates must takethe exam onthe date requested or they will forfeit their exam fees. With enoughnotice, however, a candidate canrequest to reschedule their exarmnatl  on. To rescheduleanexamination candidatesshould call Experor prior to thecutoff date. mecutoffdate is 11days before theexam date.) If space is available at thenewsiteidate, the exam can be rescheduled. Candidateswho request rescmg will be cbarged a $ 15 reschectuling fee. Examfees andrescheddng fees remaingood for six months after payment. If by that time & candidate has not tested, they forfeit all fees.

I Raf# l# lcss 1 HUD Guidelines OSHA Federal Register Volume 58, No. 84 EPA Federal Register 40CFX Part 745 Washinsm, D. C. Lead Based Paint Activities Regulations( located in the D. C. certificationand , Training Programbooklet) I A) DCLaw 11 221 ( fromikt 11438) B) DCMRCh. 8, Ti20, Maw 199and806( revised) C) DCCode 1981, part 1, Tide 6, Ch. 9. SubIX   ContentOutlim 1 Each examination is dtiplechoice and is divided into two parts. Youwill be required to takethe Washington, D. C.( openbook) Lead Abatement Examination and the required Job Specific Section ( closed book). In order to take these examinations, candidatesmust have either a valid interim certification numbex or a letter from D. C. Lad PoisonPrevention Division granting them eligibility to test. Thefollowing outline describes the specifications of each examination.

All disciplines arerequired to takethe Washington, D. C. Lead Abatement Examination ( Part 1) and the appropriateJob Specific Section ( Part2).

Part 1  Washington, D. C. Section( 70 percent, one hour, 20 questions) Lead Based Paint Activities Regulations................... 20 Job Specifi Sections,.. Part 2  Supervhr ( 70percent, two hours, 50 questions)

Lead. T~ xicdogy ...................................................... 3 5 Worker and Envimnmental RotaXiZm.................. 10 14 Pre Abatement Rocedwes....................................... 4 6 AbatementProcedures........................................... 9 13 Testing and Monitoringfor Lead Hazards................ 4 6 Post Abatement F rocedures ..................................... .4 6 Waste Disposal ....................................................... .7 9 Part 2  Impeder ( 70percent, two ham, 50 questims)

Lead Toxicology ..................................................... 4 6 Inspection Protocoland Methods......................... 10 14 Sampling Methods............................................... 23 27 Post Abatement Clearance....................................... 7 9 Part2  Risk~~ 0perwnt, twohans,~ que! sti~)

LeadToxicoiogy ..................................................... 4 6 sampling slrategies................................................. 7 9 Clearance Sampling.................................................~ 6 Inspection and Protml Methods........................... 8 12 SamplingM&& .................................................. .4 6 DesigningInspection Activities and A& emmt/ Management procedures.................... 15 19 Dates and Locations

Examinationsare scheduled ona space available basis. To be registered, your applicationand fees must be received by Experior at least 11 business days befm therequested examinatione. If you have not received anadmission notice within five working days of that date, callExpuim. Cut off Dates Examhation Dates May 25,2000 June 10,2000 July 28,2000 August 12,2000 Septembea 29,2000 October 14,2000 November 22,2000 December 9,2000 FeC. IO, bo1 Apr. ai, a01 Juae ci, aool 4.1(, ; root act. 13, 01  Doc. 8,. a30I ( gzi2J Examination Registration Form Candidate Information 1. Social Security Number 2. ( Last, First, MI)

3. Street Address ( NOP. O. Boxes)

4. City, State, ZIP Code 5. CompanyName 6. Daytime Telephone By signing and submitting thisform, I certifi that I am the candiahte mmed above. Ifurther agree to comply with all examination rules and regulations.

7. Signature Date Pavment Information 8. Moneypaid $ 1lll l. rl( pleasefill out for typesofpayment.) ($ 35perpart)

Payment mst be ma& out to'' Expaid with either a Money Order, Cashier's Checkor Ced@ d Check aruse the Expedited RegistrationService ( foranadditional$ 10fee) andfill out the infamationWow:

9. Creditcard ml mlml Expires rl/ rl ( Mastercardor IfcardholderisNOT applicant, cardhoider's signa

EXam( s) Rwuested ( check one)

10. 0 Part 1  Washington, D. C. Section 0 Part 2  Supervisor Examination Date Requested ( check one)

0 June IO, 2000 aAugust 12,2000 October 14,2000 0 December 9,2000 Exam SmmrInformation sponsor code TJ Date CIpart i Inspector, 0 part 2  Risk Assessor Cut off ~ ates office) ( must be in~~ pexicx* s May 25,2000 July 28,2000 September 29,2000 November 22,2000 11. ~ xam Exam Sponsor Washindon, DOC. D. C. CemficationCock Authorized Signature:

u3IB\ DcvRadCIB. doc 05/ 17k6Page3 E... +** GOVRNMENT OF 7  E DISTRICT OF (  OI~~~ MBlA Departnient of Health Environment a1 H eaIth Ad ni inist rat ioii I (.. id I Aoiiiiig i wl ention I) i\ ision

March 14, 2000 Certified Mail John Doe 1403 Anyplace Lead Safe City Re: Interim Lead Supervisor Certification DC00 000 Dear Mr. Doe Your application for interim certification as a Supervisor in accordance with DC code 4 6 997,   Lead Based Paint Abatement and Control,  has been approved.

This certification expires on 09 0 1 00. Enclosed are the candidate information bulletin and the examination registration forms for scheduling to take the third party examination. You have to pass Part I ( Washington DC Section) and Part 2 Supervisor to be eligible for full certification. You are also requested to submit this letter to the exam vendor to verify your eligibility to take the test. If you have any questions, please contact Mr. George Siaway at ( 202) 535 1926. Sincerely,

Richard N. Brewster Program Manager Enclosure: = Daplntment of Health 8 EnvuonmentalHealth Adnunrstratlvn Buraau of HazMlws Matcnals and TOXICSubstances TESTCODE: 450606 WTFORM: 0301 Exam Booklet Number DO NOT REMOVE THIS BOOKLET FROM THE EXAMINATION ROOM AJll NAI Block

LEAD ABATEIVENT INSPECTOR TECHNICIAN EXAMINATION WASHINGTON DC General Test Instructions " Ius is a CLOSED BOOK exam. You may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINED FROM THEANSWERSYOU RECORD ON THE ANSWER SHEET. If you are unsure ofan answer, it may be better to guess because you will not receive credit for any question which is left blank, answered incorrectly, or marked with more than one answer.

Allow time to mark your answers on the answer sheet. After time is called, NO further marlung of answer sheets WIN be allowed. Select the best answer for each question.

DO NOT WRITE OR MAKE ANY MARKS IN THIS BOOKLET Copyright 0 1998 by NAI IBlock 7 TESTCODE: 450609 TESTFORM: 0301 Exam Booklet Number DO NOT REMOVE THIS BOOKLET FROM THE EXAMINATION ROOM 3NAI = Block

LEAD ABATEMENT INSPECTOR/ RISK ASSESSOR EXAMINATION WASHINGTON DC General Test Instructions Thisis a CLOSED BOOK exam. You may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINED FROM THEANSWERS YOU RECORD ON THEANSWER SHEET. If you are unsure of an answer, it may be better to guess because you will not receive credit for any question which is le& blank, answered incorrectly, or marked with more thanone answer.

Allow time to mark your answers on the answer sheet. After time is called, NO further marking of answer sheets willbe allowed. Select the best answer for each question.

DO NOTWRITE OR MAKE ANY MARKS INTHIS BOOKLET Copyright 0 1998 by NAI Block TEST CODE: 450612 TESTFORM: 0301 Exam Booklet Number DONOT REMOVE THISBOOKLET FROM THE EXAMINATION ROOM LEAD ABATEMENT SUPERVISOR EXAMINATION WASHINGTON DC General Test Instructions This is a CLOSED BOOK exam. You may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINED FROM THEANSWERS YOU RECORD ON THEANSWER SHEET. If you are unsure of an answer, it may be better to guessbecause you will not receive credit for any question which is left blank, answered incorrectly, or marked with more thanone answer.

Allow time to mark your answers on the answer sheet. After time is cailed, NO further marking of answer sheets will be allowed. Select the best answer for each question.

DO NOT WRITE OR MAKE ANY MARKS IN THIS BOOKLET Copyright 0 1998 by NAI Block , 9 TEST CODE: 450603 TESTFORM: 0301 Exam Booklet Number DO NOTREMOVE THIS BOOKLET FROM THEEXAMINATION ROOM A LEAD ABATEMENT WASHINGTON D. C. EXAMINATION WASHINGTON DC General Test Instructions T~ IS is an OPEN BOOK exam, using only the approved references. If calculations are required: you may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINEDFROM THEANSWERS YOU RECORD ON THEANSWER SHEET. If you are unsure of an answer, it may be better to guess because you will not receive credit for any question which is left blank, answered incorrectly, or marked with more than one answer.

Allow time to mark your answers on the answer sheet. After time is called, NO further marking ofanswer sheets will be allowed. Select the best answer for each question.

DO NOT WRITE OR MAKE ANY MARKS IN THIS BOOKLET Copyright 0 1998 by NAI m Block/ o TEST CODE: 450603 TEST FORM: 0302   Exam Booklet Number DO NOT REMOVE THIS BOOKLET FROM THE EXAMINATION ROOM LEAD ABATEMENT WASHINGTON DOC. EXAMINATION WASHINGTON DC General Test Instructions This is an OPEN BOOK exam, using only the approved references. If calculations are required: you may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINED FROM THEANSWERSYOU RECORD ON THE ANSWER SHEET. If you are unsure of an answer, it may be better to guess because you willnot receive credit for any question which is left blank, answered incorrectly, or marked with more than one answer.

Now time to mark your answers on the answer sheet. After time is called, NO further marking of answer sheets willbe allowed. Select the best answer for each question.

DO 1! OT WRITE OR MAKE ANY MARKS IN THIS BOOKLET Copyright 0 1998 by NAI W Block TESTCODE: 450603 TESTFORM: 0401 Exam Booklet Number DO NOT REMOVE THIS BOOKLET FROM THE EXAMINATION ROOM 311NAI Block

LEAD ABATEMENT WASHINGTON D. C. EXAMINATION WASHINGTON DC General Test Instructions This is an' OPEN BOOK exam, using only the approved references. If calculations are required: you may use only a silent, non printing, non programmable calculator.

YOUR FINAL SCORE WILL BE DETERMINED FROM THE ANSWERS YOU RECORD ON THE ANSWER SHEET. If you are unsure of an answer, it may be better to guess because you will not receive credit for any question which is left blank, answered incorrectly, or marked with more than one answer.

Allow time to mark your answers on the answer sheet. After time is called, NO further marking of answer sheets willbe allowed. Select the best answer for each question.

DO NOT WRITE OR MAKE ANY MARKS IN THIS BOOKLET Copyright 0 1998 by NAI Block/ a in 3 h I I I I I a a 2 rc c! 2. m !? I .... i J " ' m"

Y I I I I I I I I I)

I i I I I I I I I I I I I I I I I I I I I I I I I I I i I I I . I I I I I I I I Serial I) I ~~ OO. O. IOOOO.. IOO. O. OOOO M,\ KI NO MAKKI IN I Ill\ AI< I ,\ 684242 Number I \

/ Y


[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41300-41304]
[FR Doc No: 2013-16522]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2013-0447]
RIN 1625-AA08; 1625-AA00

Special Local Regulations and Safety Zones; Marine Events in
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing one special local regulation
for a regatta and four safety zones for two fireworks displays and two
swim events within the Captain of the Port (COTP) Long Island Sound
(LIS) Zone. This action is necessary to provide for the safety of life
on navigable waters during these events. The special local regulation
and safety zones will facilitate public notification of the event and
provide protective measures for the maritime public and event
participants from the hazards associated with these events. Entry into,
transit through, mooring or anchoring within these zones is prohibited
unless authorized by COTP Sector Long Island Sound.

DATES: This rule is effective from July 10, 2013 to September 1, 2013.
Certain provisions of this rule address events and dates which have
already passed. Those regulations were enforced with actual notice on
the event dates. Other provisions of this rule will be enforced during
the specific dates and times listed in Sec.  100.35T01-0447 and Tables
1 and 2 of Sec.  165.T01-0447.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0447]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because Coast Guard was not provided enough
notice by the sponsoring organizations and these temporary regulations
will help promote the safety of event participants and the maritime
public. More specific details for each event are listed below.
    The Connecticut River Raft Race is a recurring marine event that
has previously gone through the public comment process and is currently
listed as a permanent marine event in the Code of Federal Regulations.
For this year's event, the start and finish points of the race have
been relocated to spots within the same general vicinity of Middletown,
CT, but with improved access to the Connecticut River creating safer
entry and exit conditions for event participants and support personnel.
Recently, the Coast Guard received information on the new positions in
the marine event application submitted on April 4, 2013, and learned
from event Race Committee President, Dan Pritchard, that the race has
previously utilized these newly requested access points for the past
four years. The application of April 4, 2013 was not received 135 days
in advance of the event and therefore has resulted in late notice to
the Coast Guard. However, requiring a move to the original positions
does not promote the safety of the event participants and crews.
Further, no comments have been received by U.S. Coast Guard Sector Long
Island Sound regarding the change of the events start and finish
points.
    The Coast Guard received information about the Riverhead Rocks
Triathlon from the event sponsor, Event Power, on May 2, 2013. Event
Power held the Riverhead Rocks Triathlon during the previous year but
did not submit a marine event application for the event and was not
aware of the requirement for submitting a request for a new event 135
days in advance, resulting in late notification to the Coast Guard.
Event Power is unable to reschedule the event as the triathlon is being
held in conjunction with additional prescheduled activities occurring
the same weekend, and because of the difficulty of rescheduling the
early morning start of the swim event with the desired high tide cycle.
While the event impacts a navigable channel, there is little commercial
traffic along the affected section of the Peconic River and the swim
event is expected to last approximately one hour.
    The Coast Guard received a marine event application for the Go 4th
Saltaire Bay Fireworks Display on April 19, 2013. This is a new event
and the event sponsor, Go 4th Committee, was not aware of the
requirement for submitting a request for a new event 135 days in

advance. Therefore, Go 4th Committee's event application of April 19,
2013 has resulted in late notification to the Coast Guard. The Event
Sponsor is unable to reschedule the event because of its association
with Independence Day celebrations.
    In addition to the Go 4th Committee's fireworks display
application, the Coast Guard has also received a marine event
application for the Village of Saltaire Fireworks Display on April 25,
2013. The event is schedule to take place on August 3, 2013. This is a
new event and the event sponsor, Village of Saltaire, was not aware of
the requirement for submitting a request for a new event 135 days in
advance. As a result the application of April 25, 2013 has resulted in
late notification to the Coast Guard. Additionally, as a result of the
event being funded through a combination of public and private funds,
which have been appropriated with the specific intent of holding the
event on August 3, 2013, the Village of Saltaire is unable to
reschedule the event.
    The Coast Guard received information about the Smith Point
Triathlon from the event sponsor, Event Power, on May 2, 2013. The
triathlon has been held in late August and in the same location each
year for past six years. Event Power did not submit a marine event
application for any previous occurrences and was not aware of the
requirement for submitting a request for a new event 135 days in
advance, resulting in late notification to the Coast Guard. Event Power
is unwilling and unable to reschedule the event because of its previous
history and present advertising of the event occurring in late August
and in its current location. Further, rescheduling for a later date
would move the event into the fall and put event participants, support
personnel, and other waterway users at greater risk due to lower water
temperatures. The event does not impact a navigable channel and the
swim event is expected to last approximately one hour.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The earliest event identified in
this rule is scheduled to begin on June 30, 2013. This rule is unlikely
to be published before that date and any delay in the effective period
could increase the risk for event participants and other waterway
users.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231,
1233; 46 U.S.C. Chapters 454, 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory special
local regulations and safety zones.
    This temporary rule establishes special local regulations and
safety zones in order to provide for the safety of life on navigable
waterways during regattas, fireworks displays and swim events.

C. Discussion of the Temporary Final Rule

    This temporary rule modifies one special local regulation for a
regatta and establishes safety zones for two swim events and two
fireworks displays.

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

----------------------------------------------------------------------------------------------------------------
                                                    Regattas
----------------------------------------------------------------------------------------------------------------
1 Connecticut River Raft Race...............   Location: All waters of the Connecticut River Middletown,
                                               CT between Gildersleeve Island (Marker no. 99) 41[deg]36'02.13''
                                               N 072[deg]37'22.71'' W and Portland Riverside Marina (Marker no.
                                               88) 41[deg]33'38.30'' N 072[deg]37'36.53'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
                                               Fireworks Displays
----------------------------------------------------------------------------------------------------------------
2 Go 4th Saltaire Bay Fireworks.............   Location: Barge in Saltaire Bay near Saltaire, NY in
                                               approximate position 40[deg]38'37.72'' N, 073[deg]11'58.52'' W
                                               (NAD 83).
3 Village of Saltaire Fireworks.............   Location: Barge in Saltaire Bay near Saltaire, NY in
                                               approximate position 40[deg]38'37.72'' N, 073[deg]11'58.52'' W
                                               (NAD 83).
----------------------------------------------------------------------------------------------------------------
                                                   Swim Events
----------------------------------------------------------------------------------------------------------------
4 Riverhead Rocks Triathlon.................   Location: All waters of the Peconic River, Riverhead, NY
                                               between the area bounded to the west by a line connecting points
                                               at 40[deg]54'58.09'' N 072[deg]39'37.56'' W on the northern bank
                                               and 40[deg]54'56.74'' N 072[deg]39'37.56'' W on the southern bank
                                               and bounded to the east by a line connecting points at
                                               40[deg]55'01.92'' N 072[deg]38'51.08'' W on the northern bank and
                                               40[deg]54'59.15'' N 072[deg]38'51.08'' W on the southern bank
                                               (NAD 83). All positions are approximate.
5 Smith Point Triathlon.....................   Location: Waters of Narrow Bay, Shirley, NY near Smith
                                               Point Park within the area bounded by land along its southern
                                               edge and points in position 40[deg]44'14.28'' N
                                               072[deg]51'40.68'' W northerly through position 40[deg]44'20.83''
                                               N 072[deg]51'40.68'' W, then easterly through position
                                               40[deg]44'20.83'' N 072[deg]51'19.73'' W, then southerly through
                                               position 40[deg]44'14.85'' N 072[deg]51'19.73'' W (NAD 83). All
                                               positions are approximate.
----------------------------------------------------------------------------------------------------------------

    The Connecticut River Raft Race involves many participants
operating human-powered and/or sail-powered vessels of their own design
and construction along a stretch of the Connecticut River near
Middletown, CT. Due to the hazards facing these participants, including
the unknown and/or untested seaworthiness of their vessels and
potential limitations to vessel navigation and/or maneuverability, a
regulated area is needed to protect participants, spectators and other
waterway users. The Riverhead Rocks Triathlon and Smith Point Triathlon
each incorporate swim legs that will place many swimmers in navigable
waters. A regulated area is required to minimize the hazards posed by
spectators and other waterway users operating their vessels in close
proximity to the event participants. The safety zones established for
these swim events will minimize risk from boat traffic to the
participants and improve visibility and maneuverability for the safety
vessels supporting these events. The fireworks displays listed above
are expected to attract large numbers of spectator vessels that will
congregate around the location of these events. Regulated areas,
specifically safety zones, are established for each of these fireworks
displays and are needed to protect both spectators and participants
from the safety hazards created by them, including unexpected
pyrotechnics detonation and burning debris.

    This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
    The Coast Guard has determined that these regulated areas will not
have a significant impact on vessel traffic due to their temporary
nature, limited size, and the fact that vessels are allowed to transit
the navigable waters outside of the regulated areas. The COTP will
cause public notifications to be made by all appropriate means
including but not limited to the Local Notice to Mariners and Broadcast
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or designated
representative.
    Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, notifications will be made before the effective
period by all appropriate means, including but not limited to the Local
Notice to Mariners and Broadcast Notice to Mariners well in advance of
the events.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of special local
regulations and safety zones. This rule is categorically excluded from
further review under paragraphs 34(g) and (h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T01-0447 to read as follows:

Sec.  100.35T01-0447  Special Local Regulation; Connecticut River Raft
Race; Connecticut River; Middletown, CT.

    (a) Regulated Area. The following is designated as a special local
regulation area. All waters of the Connecticut River near Middletown,
CT between Gildersleeve Island (Marker no. 99) 41[deg]36'02.13'' N
072[deg]37'22.71'' W and Portland Riverside Marina (Marker no. 88)
41[deg]33'38.30'' N 072[deg]37'36.53'' W (NAD 83).
    (b) Enforcement Period. These special local regulations will be
enforced on July 27, 2013 from 9:30 a.m. to 2:30 p.m.
    (c) Definitions--(1) Designated representative. A ``designated
representative'' is any Coast Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has been designated by the Captain
of the Port (COTP), Sector Long Island Sound (LIS), to act on his or
her behalf. The designated representative may be on an official patrol
vessel or may be on shore and will communicate with vessels via VHF-FM
radio or loudhailer. In addition, members of the Coast Guard Auxiliary
may be present to inform vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Special Local Regulations. (1) Vessel operators desiring to
enter or operate within the regulated areas shall contact the COTP at
203-468-4401 (Sector LIS command center) or the designated
representative via VHF channel 16.
    (2) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
    (3) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
    (4) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
    (5) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T01-0447 to read as follows:

Sec.  165.T01-0447  Safety Zones; Fireworks Displays and Swim Events in
Captain of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLES 1 and 2 of Sec.  165.T01-0447. These regulations will be
enforced for the duration of each event.
    (b) Enforcement Period. This rule will be enforced from on the
dates and times listed for each event in TABLES 1 and 2 of Sec.
165.T01-0447. If the event is delayed by inclement weather, the
regulations will be enforced on the rain date indicated in TABLES 1 and
2 of Sec.  165.T01-0447.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Spectators desiring to enter or operate within the regulated
areas should contact the COTP or the designated representative via VHF
channel 16 or by telephone at (203)

468-4401 to obtain permission to do so. Spectators given permission to
enter or operate in the regulated area must comply with all directions
given to them by the COTP Sector Long Island Sound or the designated
on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (f) The regulated area for all fireworks displays listed in the
TABLE 1 of Sec.  165.T01-0447 is that area of navigable waters within a
600 foot radius of the launch platform for each fireworks display.
Fireworks barges used in these locations will also have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.
    (g) For all swim events listed in TABLE 2 to Sec.  165.T01-447,
vessels not associated with the event shall maintain a separation of at
least 100 yards from the participants.

                     Table 1 to Sec.   165.T01-0447
------------------------------------------------------------------------

------------------------------------------------------------------------
                        Fireworks Display Events
------------------------------------------------------------------------
1 Go 4th Saltaire Bay           Date: July 4, 2013 from 9 p.m.
 Fireworks.                     until 10:30 p.m.
                                Rain Date: July 5, 2013 from 9
                                p.m. until 10:30 p.m.
                                Location: Waters of the Saltaire
                                Bay off Saltaire, NY in approximate
                                position 40[deg]38'37.72'' N,
                                073[deg]11'58.52'' W (NAD 83).
------------------------------------------------------------------------
2 Village of Saltaire           Date: August 3, 2013 from 9 p.m.
 Fireworks.                     until 10:30 p.m.
                                Rain Date: August 31, 2013 from
                                9 p.m. until 10:30 p.m.
                                Rain Date: September 1, 2013
                                from 9 p.m. until 10:30 p.m.
                                Location: Waters of the Saltaire
                                Bay off Saltaire, NY in approximate
                                position 40[deg]38'37.72'' N,
                                073[deg]11'58.52'' W (NAD 83).
------------------------------------------------------------------------

                     Table 2 to Sec.   165.T01-0447
------------------------------------------------------------------------

------------------------------------------------------------------------
                               Swim Events
------------------------------------------------------------------------
1 Riverhead Rocks Triathlon..   Date: June 30, 2013 from 6:45
                                a.m. until 8 a.m.
                                Location: All waters of the
                                Peconic River, Riverhead, NY between the
                                area bounded to the west by a line
                                connecting points at 40[deg]54'58.09'' N
                                072[deg]39'37.56'' W on the northern
                                bank and 40[deg]54'56.74'' N
                                072[deg]39'37.56'' W on the southern
                                bank and bounded to the east by a line
                                connecting points at 40[deg]55'01.92'' N
                                072[deg]38'51.08'' W on the northern
                                bank and 40[deg]54'59.15'' N
                                072[deg]38'51.08'' W on the southern
                                bank (NAD 83). All positions are
                                approximate.
------------------------------------------------------------------------
2 Smith Point Triathlon......   Date: August 4, 2013 from 6:15
                                a.m. until 9:30 a.m.
                                Location: Waters of Narrow Bay,
                                Shirley, NY near Smith Point Park within
                                the area bounded by land along its
                                southern edge and points in position
                                40[deg]44'14.28'' N 072[deg]51'40.68'' W
                                northerly through position
                                40[deg]44'20.83'' N 072[deg]51'40.68''
                                W, then easterly through position
                                40[deg]44'20.83'' N 072[deg]51'19.73''
                                W, then southerly through position
                                40[deg]44'14.85'' N 072[deg]51'19.73'' W
                                (NAD 83). All positions are approximate.
------------------------------------------------------------------------

    Dated: June 27, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-16522 Filed 7-9-13; 8:45 am]
BILLING CODE 9110-04-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency s Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request 2. OMB control number b. X None U. S. Environmental Protection Agency, Office of Air Quality a.   2 0 6 0 Planning and Standards 3. Type of information collection ( check one) 4. Type of review requested ( check one)

a. X New collection a. X Regular b. Revision of a currently approved collection b. Emergency  Approval requested by: / /

c. Extension of a currently approved collection c. Delegated d. Reinstatement, without change, of a previously 5. Small entities approved collection for which approval has expired Will this information collection have a significant economic impact on a e. Reinstatement, with change, of a previously substantial number of small entities? Yes X No approved collection for which approval has expired f. Existing collection in use without OMB control 6. Requested expiration date number a. X Three years from approval date For b   f, note Item A2 of Supporting Statement Instructions b. Other Specify: /

7. Title NESHAP for Printing, Coating, and Dyeing of Fabrics and Other Textiles Source Category ( 40 CFR part 63, subpart OOOO) ( Final rule)

8. Agency form number( s) ( if applicable)

2071.02 9. Keywords air pollution control; environmental protection; printing, coating, and dyeing of fabrics and other textiles plants; reporting and recordkeeping requirements 10. Abstract Owners or operators of printing, coating, and dyeing of fabrics and other textiles plants must submit notifications and reports and maintain records required by the bbbb by the General Provisions ( 40 CFR Part 63, Subpart A). Records are also required of information needed to determine compliance with the applicable emission limits.

emission limits.

11. Affected public 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms a. Voluntary b. P Business or other for profit e. Federal Government b. Required to obtain or retain benefits c. Not for profit institutions f. X State, Local or Tribal c. P Mandatory Government 13. Annual reporting and recordkeeping hour burden 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Number of respondents 138 a. Total annualized capital/ startup costs 136 b. Total annual responses 222 b. Total annual costs ( O& M) 5 1. Percentage of these responses c. Total annualized cost requested 141 collected electronically 33 % d. Current OMB inventory 0 c. Total annual hours requested 29,491 e. Difference 141 d. Current OMB inventory 0 f. Explanation of difference e. Difference 29,491 1. Program change 141 f. Explanation of difference 2. Adjustment 0 1. Program change 29,491 2. Adjustment 0 15. Purpose of information collection 16. Frequency of recordkeeping or reporting ( check all that apply)

( Mark primary with " P" and all others that apply with " X") a. X Recordkeeping b. Third party disclosure a. Application for benefits e. Program planning or c. X Reporting b. Program evaluation management 1. X On occasion 2. Weekly c. General purpose statistics f. Research 3. Monthly 4. Quarterly d. Audit g. P Regulatory or compliance 5. X Semi annually 6. Annually compliance 7. Biennially 8. Other ( describe)

17. Statistical methods 18. Agency contact ( person who can best answer questions regarding the Does this information collection employ statistical methods? content of this submission)

Yes X No Name: Paul Almodovar, ESD Phone: 919 541 0283 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers: ( a) It is necessary for the proper performance of agency functions; ( b) It avoids unnecessary duplication; ( c) It reduces burden on small entities; ( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; ( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; ( f) It indicates the retention periods for recordkeeping requirements; ( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number; ( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions); ( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Date Signature of Senior Official or designee Date Director, Regulatory Information Division OMB 83 I 10/ 95


FILE NAME:  Valent.doc (Feb 4, 2009)

EPA Registration Division contact: Kable (Bo) Davis<PHONE_NUMBER>)

[9F7530]

Summary of Petition

EPA has received a pesticide petition (9F7530) from   SEQ CHAPTER \h \r
1 Valent U.S.A. Corporation, P.O. Box 8025 Walnut Creek, CA 94596 (as
Agent for Sumitomo Chemical Co., Ltd), proposing, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180, by establishing a tolerance for
residues of the insecticide chemical clothianidin,
(E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or
on the following agricultural commodities:

Commodity	Proposed Tolerance

Parts per million

(For parent only unless indicated otherwise)

Fig	0.05

Pomegranate 	0.2

EPA has determined that the petition contains data or information
regarding the elements set forth in section 408(d)(2) of the FFDCA;
however, EPA has not fully evaluated the sufficiency of the submitted
data at this time or whether the data supports granting of the petition.
 Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. The metabolism of clothianidin is adequately
understood for the purpose of granting the proposed tolerances.

2.  Analytical method.  Adequate enforcement methodology (liquid
chromatography/mass spectroscopy/mass spectroscopy, LC/MS/MS analysis)
is available to enforce the tolerance expression.

3. Magnitude of residues.  Residue data has been submitted which
adequately support the requested tolerances.

B. Toxicological Profile

A complete, valid and reliable database of mammalian and genetic
toxicology studies has been submitted to EPA that supports the proposed
tolerances for clothianidin. The nature of the toxic effects caused by
clothianidin, as well as the no observed adverse effect level (NOAEL)
and the lowest observed adverse effect level (LOAEL) from the toxicity
studies reviewed, are discussed in the Federal Register of May 30, 2003
(68 FR 32390) (FRL-7306-8).
[http://www.epa.gov/EPA-PEST/2003/May/Day-30/p13564.htm

C. Aggregate Exposure and Risk Assessment

 i. Dietary Exposure – food.  Dietary exposure (food) assessments were
conducted to evaluate the potential risk due to acute and chronic
dietary exposure of the U.S. population and various subgroups to
combined residues of clothianidin and its metabolite TMG. . Residues
from use of clothianidin on fig and pomegranate were not included in the
current assessment because the contribution to the overall aggregate
exposure is considered negligible.  These minor crop residues will be
included in the aggregate exposure assessment at a later date.

The Cumulative and Aggregate Risk Evaluation System (CARES) Version 3.0b
was used to conduct these assessments using a combination (when
available) of actual or generated residue data, experimentally obtained
processing factors, and an estimation of percent crop treated.  Default
factors or tolerance level residues were used when experimentally
determined data were not available

ii. Dietary Exposure – water. Dietary exposure from drinking water was
estimated using a Tier II PRZM/EXAMS assessment to determine the EDWCs
in the Standard Index Reservoir associated with clothianidin uses.  A
30-year daily concentration time series data set generated from the
scenario with the maximum (worst case) EDWS estimates was then imported
into CARES Water module in order to calculate acute and chronic drinking
water and aggregate risks.

iii. Non-Dietary Exposure – residential/recreational turf.
Non-dietary exposure to clothianidin from residential or recreational
(turf grass) application scenarios was assessed using the CARES
Residential module.  The risk assessment was conducted using residential
adult applicator and post-application assumptions.

iv.  Aggregate Assessment of Risks.  The aggregate acute risk assessment
includes food, water and residential exposures.  Because chronic
exposure scenarios are not expected from residential uses of
clothianidin, the chronic exposure risk assessment only includes food
and water exposures.

For acute risk assessment scenarios, the acute population adjusted dose
(aPAD) of 0.025 mg/kg was used to assess risks from acute dietary
exposure to the general population and to various sub-populations.  The
aPAD is based on the NOAEL of 25 mg/kg/day from an acute neurotoxicity
study (general population) or a developmental toxicity study (females
13-49 years of age) with an FQPA safety factor of 10.

For chronic risk assessment scenarios, the chronic population adjusted
dose (cPAD) used for the U.S. population and all subpopulations is
0.0098 mg/kg/day based on a 2-generation reproduction study NOAEL of 9.8
mg/kg/day and an FQPA safety factor of 10.

Based on these risk assessments, the margins of exposure (MOE) for all
routes of exposure and all population subgroups exceed 1000 and
therefore do not exceed EPA’s level of concern.

D44. Cumulative Effects.  Section 408(b)(2)(D)(v) requires that the
Agency must consider available information concerning the cumulative
effects of a particular pesticide's residues and other substances that
have a common mechanism of toxicity. Clothianidin is a member of the
neonicotinoid class of pesticides and is a metabolite of thiamethoxam.
Structural similarities or common effects do not constitute a common
mechanism of toxicity and there is currently no evidence that
neonicotinoids share a common mechanism of toxicity.  For purposes of
this petition, clothianidin residues from use of clothianidin and
thiamethoxam have been considered.

E. Safety Determination.  The toxicological database for clothianidin is
complete, with the exception of a developmental immunotoxicity study
that has recently been submitted to the Agency for review.  Until this
study is reviewed and accepted,.  EPA has determined there is
insufficient data to justify the selection of an additional safety
factor for the protection of infants and children lower than the default
value of 10X for both single and repeated doses.  Therefore, a data base
uncertainty factor (UFDB), has been applied to both single and repeated
dose exposure scenarios (i.e., acute and chronic RfDs, short- and
intermediate-term incidental oral exposures, resulting from residential
uses of clothiandin) to account for the lack of the developmental
immunotoxicity study with clothianidin.

The results of the aggregate exposure risk assessment (taking into
account the full 1000X margin of safety) indicate the MOE’s do not
exceed EPA’s level of concern.  There is therefore a reasonable
certainty that no harm will result to the general population or to any
population subgroup resulting from aggregate exposure to residues of
clothianidin.

F. International Tolerances   Canadian maximum residue limits (MRL)
have been established for residues of clothianidin at 0.01
milligram/kilogram (mg/kg) in milk, corn and canola. Clothianidin has
not been evaluated by the JMPR and there are no Codex Maximum Residue
Limits (MRL) established.