[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15286-15288]
[FR Doc No: 2019-07344]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

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

ACTION: Notice of actions on special permit applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before May 15, 2019.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 3, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                                           thereof
------------------------------------------------------------------------
                      Special Permits Data--Granted
------------------------------------------------------------------------
8757-M..........  MILTON ROY, LLC  173.201(c),      To modify the
                                    173.202(c),      special permit to
                                    173.203(c),      authorize the
                                    173.302a(a)(1)   addition of welded
                                    ,                lower pressure
                                    173.304a(a)(1)   cylinders in
                                    , 180.205.       addition to the
                                                     seamless cylinders
                                                     already authorized.
10232-M.........  ITW SEXTON INC.  173.304(d),      To modify the
                                    173.306(j),      special permit to
                                    173.167.         authorize the use
                                                     of a different
                                                     proper shipping
                                                     name for an
                                                     existing hazmat.
10788-M.........  BEVIN BROS       173.302(a).....  To modify the
                   MANUFACTURING                     special permit to
                   COMPANY.                          authorize brazing
                                                     or welding of foot
                                                     ring attachments to
                                                     cylinders
                                                     proceeding pressure
                                                     testing.
11646-M.........  BAKER PETROLITE  172.203(a),      To modify the
                   LLC.             172.301(c),      special permit to
                                    177.834(h).      authorize
                                                     additional Class 3,
                                                     6.1, 8 and 9
                                                     hazmat.
15146-M.........  CHEMTRONICS INC  173.304(d),      To modify the
                                    172.200,         special permit to
                                    172.500,         authorize the use
                                    172.400.         of the limited
                                                     quantity marking.
16394-M.........  CELLCO           173.185(f),      To modify the permit
                   PARTNERSHIP.     172.600,         to bring the permit
                                    172.400a,        provisions in line
                                    172.200,         with regulatory
                                    172.300.         citations.
16413-M.........  AMAZON.COM, INC  172.301(c),      To modify the
                                    173.185(c)(1)(   special permit to
                                    iii),            authorize an
                                    173.185(c)(3)(   additional mode of
                                    i).              transportation
                                                     (rail).
20288-M.........  DEPARTMENT OF    175.10(a)(18)(i  To modify the
                   DEFENSE          i).              special permit to
                   (MILITARY                         authorize civilian
                   SURFACE                           as well as military
                   DEPLOYMENT &                      personnel to carry
                   DISTRIBUTION                      on 2 CUPS units.
                   COMMAND).
20351-M.........  ROEDER CARTAGE   180.407(c),      To modify the permit
                   COMPANY,         180.407(e),      to authorize
                   INCORPORATED.    180.407(f).      additional tanks
                                                     for dedicated
                                                     transportation of
                                                     authorized hazmat.
20378-M.........  LG CHEM........  172.101(j).....  To modify the
                                                     special permit to
                                                     authorize
                                                     fiberboard boxes as
                                                     outer packaging.
20391-M.........  Hexagon Purus    173.301(f),      To modify the
                   LLC.             173.302(a).      special permit to
                                                     authorize an
                                                     alternative
                                                     mounting to the
                                                     required one that
                                                     cylinders must be
                                                     permanently mounted
                                                     inside of framing
                                                     that is designed,
                                                     marked and approved
                                                     in accordance with
                                                     the International
                                                     Convention for Safe
                                                     Containers (CSC).
20511-M.........  ARMOTECH s.r.o.  107.807(b)(1),   To authorize new and
                                    173.301(a)(1),   additional 2 and 5
                                    173.302(f)(1),   inch cylinders.
                                    173.302(f)(2),
                                    178.71(q),
                                    178.71(t).
20511-M.........  ARMOTECH s.r.o.  173.302(a)(1),   To modify the
                                    173.302(f)(1).   special permit to
                                                     authorize three new
                                                     cylinders.
20635-N.........  FAR RESEARCH,    180.209(a).....  To authorize the
                   INC.                              transportation in
                                                     commerce of 4BW
                                                     cylinders used
                                                     exclusively for
                                                     trimethylchlorosila
                                                     ne to be visual
                                                     inspections per CGA
                                                     C-6 in lieu of
                                                     periodic
                                                     hydrostatic
                                                     testing.
20805-N.........  LG CHEM........  172.101(j).....  To authorize the
                                                     transportation in
                                                     commerce of lithium
                                                     batteries exceeding
                                                     35 kg by cargo-only
                                                     aircraft.
20806-N.........  JAGUAR TEXAS     173.302a(a)(1),  To authorize the
                   VALVE AND        173.304a(a)(1).  manufacture, mark,
                   INSTRUMENTS,                      sale, and use of
                   LLC.                              non-DOT
                                                     specification
                                                     nickel copper alloy
                                                     400 cylinders.
20808-N.........  INNOPHOS, INC..  178.504(b)(9)..  To authorize the
                                                     transportation in
                                                     commerce of UN 1A1
                                                     drums containing
                                                     polyphosphoric acid
                                                     in quantities that
                                                     exceed the maximum
                                                     mass authorize for
                                                     steel drums.
20829-N.........  JAPAN AEROSPACE  173.302........  To authorize the
                   EXPLORATION                       transportation in
                   AGENCY.                           commerce of a non-
                                                     DOT pressure vessel
                                                     described as a JEM-
                                                     Tissue Equivalent
                                                     Proportional
                                                     Chamber (J-TEPC)
                                                     (radiation detector
                                                     box).
20837-N.........  DEPARTMENT OF    173.185(a).....  To authorize the
                   THE ARMY                          transportation in
                   (MILITARY                         commerce of low
                   SURFACE                           production lithium
                   DEPLOYMENT &                      ion batteries
                   DISTRIBUTION                      contained in
                   COMMAND).                         equipment in a
                                                     special packaging
                                                     aboard cargo-only
                                                     aircraft.
20840-N.........  YORK SPACE       173.185(a)(1)(i  York Space Systems
                   SYSTEMS LLC.     ),               is intending to
                                    173.185(a)(1)(   ship a satellite
                                    ii).             that contains Low
                                                     Production Lithium
                                                     Ion Batteries
                                                     tested to the
                                                     Manual of Tests and
                                                     Criteria, part III
                                                     sub-section 38.3.
------------------------------------------------------------------------
                      Special Permits Data--Denied
------------------------------------------------------------------------
20612-M.........  WILCO MACHINE &  178.345-7(a)(1)  To modify the
                   FAB, INC.        , 178.345-3(a).  special permit to
                                                     remove the annual
                                                     testing requirement
                                                     for some specific
                                                     tanks.
20791-N.........  LINDE GAS NORTH  172.203(a),      To authorize the
                   AMERICA LLC.     172.301(c),      transportation in
                                    173.302a(b),     commerce of DOT 3AL
                                    180.205.         cylinders that have
                                                     been visual
                                                     inspected per CGA C-
                                                     6 is performed in
                                                     lieu of the
                                                     specified internal
                                                     visual examination
                                                     and hydrostatic
                                                     pressure test for
                                                     DOT 3AL alloy 6061
                                                     cylinders.
------------------------------------------------------------------------
                     Special Permits Data--Withdrawn
------------------------------------------------------------------------
16011-M.........  AMERICASE, LLC.  173.185(f),      To clarify that
                                    172.500,         suspected damaged,
                                    172.600,         defective or
                                    172.700(a),      recalled lithium
                                    172.200,         batteries can be
                                    172.400,         transported
                                    172.300.         according to the
                                                     permit. (modes
                                                     1,2,3).

20323-M.........  York Space       173.185(a)(1)(i  To modify the
                   Systems LLC.     ).               special permit to
                                                     authorize
                                                     additional class 9
                                                     hazmat.
20822-N.........  RETURN           Subchapter C...  To authorize the
                   SOLUTIONS INC.                    manufacture, mark,
                                                     sale, and use of
                                                     non-DOT
                                                     specification
                                                     packaging for the
                                                     transportation in
                                                     commerce of certain
                                                     materials
                                                     authorized to be
                                                     disposed of under
                                                     21 CFR Part 1317,
                                                     Subpart B.
------------------------------------------------------------------------

[FR Doc. 2019-07344 Filed 4-12-19; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47112-47113]
[FR Doc No: 2017-21924]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0963]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Walk Against
Breast Cancer event. This deviation allows the bridge to remain in the
closed-to-navigation position during the deviation period.

DATES: This deviation is effective from 8 a.m. through 11 a.m. on
October 22, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0963, is available
at 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 deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge over the Sacramento River, mile 59.0, at Sacramento, CA. The
drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
operates as required by 33 CFR 117.189(a). Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 8 a.m. through 11 a.m. on October 22, 2017, to allow the community
to participate in the Walk Against Breast Cancer event. This temporary
deviation has been coordinated with the waterway users. No objections
to the proposed temporary deviation were raised. Vessels able to pass
through the bridge in the closed position may do so at any time. In the
event of an emergency the draw can open on signal if at least one hour
notice is given to the bridge operator. There are no immediate
alternate routes for vessels to pass. The Coast Guard will also inform
the users of the waterway through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessel operators can arrange their transits to minimize any impact
caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 5, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2017-21924 Filed 10-10-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34361-34362]
[FR Doc No: 2013-13587]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-111-000.
    Applicants: CPV Shore, LLC.
    Description: Application Under FPA Section 203 of CPV Shore, LLC
(ArcLight).
    Filed Date: 5/31/13.
    Accession Number: 20130531-5210.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: EC13-112-000.
    Applicants: CPV Shore, LLC.
    Description: Application Under FPA Section 203 of CPV Shore, LLC
(Toyota) With Privileged Exh. I.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5250.
    Comments Due: 5 p.m. ET 6/21/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2984-010.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Notice of Non-Material Change in Status of Merrill
Lynch Commodities, Inc.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5170.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1052-001.
    Applicants: Midcontinent Independent System Operator, Inc., PJM
Interconnection, L.L.C.
    Description: Midcontinent Independent System Operator, Inc.
Compliance filing per 5/6/2013 Order in ER13-1052 to be effective 3/8/
2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5274.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1425-001.
    Applicants: Massachusetts Electric Company.
    Description: Amendment to Correct Filing of Interconnection
Agreement

with City of Brockton to be effective 7/9/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5230.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1602-000.
    Applicants: Southern California Edison Company.
    Description: Letter Agreement with Solar Star CA XIX for Avenue
Solar Project to be effective 5/23/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5188.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1603-000.
    Applicants: Southern California Edison Company.
    Description: Letter Agreement with Solar Star CA XX for Kingbird
Solar Project to be effective 5/23/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5203.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1604-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: 2013-5-31-MDEU--Intercon--NOC Concur-317 to be
effective 12/31/2012.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5206.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1605-000.
    Applicants: NV Energy, Inc.
    Description: NV Energy, Inc. Transmission Rate Filing to be
effective 1/1/2014.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5260.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1606-000.
    Applicants: Southwestern Electric Power Company.
    Description: PBOP and PEB costs for formula rates of Southwestern
Electric Power Company.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5264.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1607-000.
    Applicants: NV Energy, Inc.
    Description: NV Energy, Inc. OATT to be effective 1/1/2014.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5305.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1608-000.
    Applicants: Entergy Texas, Inc.
    Description: Entergy Texas, Inc Revised ETI-ETEC Agreements to be
effective 6/1/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5313.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1609-000.
    Applicants: Commonwealth Edison Company, Commonwealth Edison
Company of Indiana, PJM Interconnection, L.L.C.
    Description: Commonwealth Edison Company revision to OATT Att H-13
removing Distribution Loss Factor Charge to be effective 6/1/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5323.
    Comments Due: 5 p.m. ET 6/21/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 31, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-13587 Filed 6-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10803-10804]
[FR Doc No: 2021-02318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1016; Airspace Docket No. 20-ASW-9]
RIN 2120-AA66

Amendment of Class E Airspace; Dumas, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Billy Free Municipal Airport, Dumas, AR. This
action is the result of airspace reviews caused by the decommissioning
of the Monticello very high frequency omnidirectional range (VOR)
navigational aid as part of the VOR Minimum Operational Network (MON)
Program.

DATES: Effective 0901 UTC, April 22, 2021. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Billy Free Municipal Airport, Dumas, AR, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 73655, November 19, 2020) for Docket No. FAA-2020-1016
to amend Class E airspace extending upward from 700 feet above the
surface at Billy Free Municipal Airport, Dumas, AR, by removing the
Monticello VOR and associated extension from the airspace legal
description; and removing the city associated with the airport to
comply with changes to FAA Order 7400.2M, Procedures for Handling
Airspace Matters.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by modifying the Class E
airspace extending upward from 700 feet above the surface at Billy Free
Municipal Airport, Dumas, AR, by removing the Monticello VOR and
associated extension from the airspace legal description; and removing
the city associated with the airport to comply with changes to FAA
Order 7400.2M, Procedures for Handling Airspace Matters. These changes
are necessary for continued safety and management of IFR operations in
the area.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current. It
therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is minimal. Since this
is a routine matter that only affects air traffic procedures an air
navigation, it is certified that this rule, when promulgated, does not
have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW AR E5 Dumas, AR [Amended]

Billy Free Municipal Airport, AR
    (Lat. 33[deg]53'04'' N, long. 91[deg]32'03'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Billy Free Municipal Airport.

    Issued in College Park, Georgia, on January 28, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-02318 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]
[Page 72807-72808]
[DOCID:fr01de08-75]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0576]

Guidance for Sponsors, Clinical Investigators, and IRBs; Data
Retention When Subjects Withdraw From FDA-Regulated Clinical Trials;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance entitled ``Data Retention When Subjects
Withdraw from FDA-Regulated Clinical Trials.'' This guidance clarifies
FDA's position that it is critical that data be retained from trial
participants who decide to discontinue participation in a clinical
study of an investigational product, who are withdrawn by their legally
authorized representative, as applicable, or who were discontinued from
participation by the clinical investigator. The guidance will be of
interest especially to sponsors, clinical investigators, and members of
investigational review boards (IRBs).

DATES: Submit written or electronic comments on agency guidances at any
time.

ADDRESSES: Submit written comments on the guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. See the SUPPLEMENTARY INFORMATION
section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Sara F. Goldkind, Office of Science
and Health Coordination/Good Clinical Practice Program (HF-34), Food
and Drug Administration, 5600 Fishers Lane, Rockville MD 20857, 301-
827-3340.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for sponsors,
clinical investigators, and IRBs entitled ``Data Retention When
Subjects Withdraw from FDA-Regulated Clinical Trials.'' This guidance
clarifies FDA's long-standing position that it is critical that data be
retained from individuals who decide to discontinue participation in a
clinical study of an investigational product, or who were discontinued
from participation by the clinical investigator.
    FDA developed this guidance in response to questions from sponsors,
clinical investigators, and members of IRBs about previously collected
data from subjects who withdraw or are withdrawn from clinical
investigations. This guidance describes the regulatory and statutory
basis for FDA's position, as well as the supporting ethical and quality
standards, and outlines key points regarding the withdrawal of subjects
from a clinical investigation. Because data resulting from these
clinical investigations is used to support research applications and
new product approvals, it is critical that FDA have a complete and
accurate data set. If data were to be removed from the study database,
the scientific validity of the data and thus FDA's analysis of it could
be jeopardized potentially compromising the agency's ability to
safeguard the public health.
    This Level 1 guidance is being issued for immediate implementation
to prevent the potential loss of important clinical trial data. This
approach is consistent with FDA's good guidance practices regulation
(21 CFR 10.115). If comments are received on this Level 1 guidance, FDA
will review the comments and revise the guidance if appropriate. This
guidance represents the agency's long-standing policy and current
thinking on the retention of data when subjects withdraw from FDA-
regulated clinical trials. It does not create or confer any rights for
or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations. Interested
persons may submit written comments on the guidance to the Division of
Dockets Management (see ADDRESSES).
    Elsewhere in this issue of the Federal Register, the Office of
Human Research Protections (OHRP) is announcing the availability of a
draft guidance document entitled ``Guidance on Important Considerations
for When

Participation of Human Subjects in Research Is Discontinued.'' FDA
believes the interpretation provided in its guidance is consistent with
that provided in OHRP's draft guidance document.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information under the investigational new drug
regulation have been approved under OMB Control No. 0910-0014. The
collections of information under the investigational device exemptions
regulation have been approved under OMB Control No. 0910-0078.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/oc/gcp/guidance.html or http://www.fda.gov/
ohrms/dockets/default.htm.

    Dated: November 5, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-28387 Filed 11-28-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48721-48726]
[FR Doc No: 2018-21064]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 360, 380, 382, 385, 390, 391, 395, 396, and 397

RIN 2126-AC09

General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations. The Agency
makes minor changes to correct inadvertent errors and omissions, remove
or update obsolete references, and improve the clarity and consistency
of certain regulatory provisions.

DATES: Effective September 27, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor
Carrier Safety Administration, Regulatory Development Division, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, by telephone at (202)
366-5370 or via email at [email protected]. Office hours are from
9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours of service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce (id. at 639). This authority, first
granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The
regulations issued under this (and subsequently enacted) authority
became known as the Federal Motor Carrier Safety Regulations (FMCSRs),
codified at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 (codified in 49 U.S.C. chapter 5) were also transferred
from the ICC to the DOT in 1966, and assigned first to the Federal
Highway Administration (FHWA) and then to FMCSA. The FMCSA
Administrator has been delegated authority under 49 CFR 1.87 to carry
out the motor carrier functions vested in the Secretary of
Transportation.
    Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations, and the Commercial Regulations,
and provide both civil and criminal penalties for violations of these
requirements. These statutes include the Motor Carrier Safety Act of
1984 (MCSA) (Pub. L. 98-554, 98 Stat. 2832, Oct. 30, 1984), codified at
49 U.S.C. chapter 311, subchapter III; the Commercial Motor Vehicle
Safety Act of 1986 (Pub. L. 99-570, 100 Stat. 3207-170, Oct. 27, 1986),
codified at 49 U.S.C. chapter 313; the Hazardous Materials
Transportation Uniform Safety Act of 1990, as amended (Pub. L. 101-615,
104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C. chapter 51; and
the ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat. 803,
Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both the
ICC and FHWA are now assigned to FMCSA.
    Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001
(Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10,

2005); the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-
244, 122 Stat. 1572, June 6, 2008); the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6,
2012); and the Fixing America's Surface Transportation Act (FAST Act)
(Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015).
    The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
CFR.
    The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding and a brief statement of reasons therefore, in
the rules issued (5 U.S.C. 553(b)(3)(B)). Generally, good cause exists
when the agency determines that notice and public comment procedures
are impractical, unnecessary, or contrary to the public interest (id.).
The amendments made in this final rule merely correct inadvertent
errors and omissions, remove or update obsolete references, and make
minor language changes to improve clarity and consistency. The
technical amendments do not impose any material new requirements or
increase compliance obligations. For these reasons, FMCSA finds good
cause that notice and public comment on this final rule are
unnecessary.
    The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication
30 days prior to the effective date. For the reasons already stated,
FMCSA finds there is good cause for this rule to be effective
immediately.
    FMCSA is aware of the regulatory requirements concerning public
participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable. In any event, the
Agency finds that publication of an advance notice of proposed
rulemaking under 49 U.S.C. 31136(g)(1)(A), or a negotiated rulemaking
under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the
public interest in accordance with the waiver provision in 49 U.S.C.
31136(g)(3).
---------------------------------------------------------------------------

    \1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Managment and Budget (OMB) finds has resulted in or is likely to
result in (a) an annual effect on the economy of $100 million or
more; (b) a major increase in costs or prices for consumers,
individual industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)). The term ``major rule'' does
not include any rule promulgated under the Telecommunications Act of
1996 and the amendments made by that Act.
---------------------------------------------------------------------------

II. Section-by-Section Analysis

A. Sections 360.1 (Suspended) and 360.1T Fees for Registration-Related
Services

    FMCSA amends Sec. Sec.  360.1 (suspended) and 360.1T by revising
paragraphs (a) and (d)(2) to correct the name and, where applicable,
routing code of the office where certificates of authenticity and
information on computer search fees can be obtained. Section 360.1 was
revised by the Unified Registration System final rule on August 23,
2013 (78 FR 52644). On January 17, 2017, FMCSA suspended certain
regulations relating to the new electronic Unified Registration System
and delayed their effective date indefinitely (82 FR 5292). The
suspended regulations were replaced by temporary provisions that
contain the requirements in place on January 13, 2017. Section 360.1
was one of the sections suspended and Sec.  360.1T, which is currently
in effect, was added (82 FR 5297). On May 17, 2018, FMCSA amended Sec.
360.1T to reflect that the Office of Registration and Safety
Information (MC-RS) provides certificates of authenticity and
information on computer search fees (83 FR 22873). However, the Office
of Management Information and Services (MC-MM) is currently the office
with those responsibilities. The amendments bring the name of the
office and the routing symbol of the responsible office up to date.

B. Section 380.603 Applicability

    FMCSA amends Sec.  380.603(b) by clarifying that drivers issued a
Class A or Class B commercial driver's license (CDL), or a passenger
(P), school bus (S), or hazardous materials (H) endorsement before
February 7, 2020, are not required to comply with the entry-level
driver training (ELDT) requirements, set forth in subpart F of part
380, pertaining to that CDL or endorsement. The Agency makes this
change to resolve an unintended inconsistency between Sec.  380.603(b)
and the definition of ``entry-level driver'' in Sec.  380.605. Entry-
level driver is defined, in part, as ``an individual who must complete
the CDL skills test requirements under Sec.  383.71 of this subchapter
prior to receiving a CDL for the first time, upgrading to a Class A or
Class B CDL, or obtaining a hazardous materials, passenger, or school
bus endorsement for the first time'' (emphasis added).
    As currently written, Sec.  380.603(b) relieves drivers who hold a
``valid'' Class A or Class B CDL or a P, S, or H endorsement issued
before February 7, 2020, of the burden of completing ELDT for that CDL
or endorsement. However, in the preamble of the ELDT final rule, FMCSA
noted its intention to delete the term ``valid CDL'' to make the
provision consistent with the scope of the final rule: ``Accordingly,
the subsection now states that anyone holding a Class A or Class B CDL,
or the passenger (P), school bus (S), or hazardous materials (H)
endorsement, issued before the compliance date [February 7, 2020,] is
not subject to ELDT requirements pertaining to that CDL or
endorsement'' (81 FR 88774, Dec. 8, 2016). Today's change conforms the
language of Sec.  380.603(b) to the Agency's original intention, as
expressed in the preamble to the ELDT final rule. An individual to whom
a specified CDL or endorsement was issued prior to February 7, 2020, is
not subject to ELDT requirements for that CDL or endorsement because
the individual is not an ``entry-level driver'' as that term is defined
in Sec.  380.605.

C. Section 382.107 Definitions

    At the end of paragraph (1) in the definition of ``commerce'' in
Sec.  382.107, FMCSA changes the conjunctive ``and'' to ``or'' to be
consistent with the definition of ``commerce'' in 49 U.S.C. 31301(2).
This action corrects an error that has been in Sec.  382.107 since the
regulation was inherited from the FHWA and later revised by FMCSA on
August 17, 2001 (66 FR 43103).
    Paragraph (2) of 49 U.S.C. 31301 provides that ``commerce'' means
trade, traffic, and transportation in the United States between a place
in a State and a place outside that State (including a place outside
the United States); ``or'' in the United States that affects trade,
traffic, and transportation between a place in a State and a place
outside that State. This definition applies to 49 U.S.C. 31306
(``Alcohol and controlled substances testing''), including the
definition of ``commerce'' in Sec.  382.107 of 49 CFR part 382
(``Controlled substances and alcohol use and testing''). To ensure
consistency with the applicable statutory authority, the conjunction
``and'' is replaced with ``or'' in Sec.  382.107 to correct an
inadvertent drafting error.

D. Appendix B to Part 385--Explanation of Safety Rating Process

    FMCSA revises Appendix B to Part 385 by correcting the entry for
``Sec.  177.835(c)'' in section VII, List of Acute and Critical
Regulations, to be consistent with 49 CFR 177.835(c). While the current
entry in Appendix B to Part 385 references ``Division 1.1, 1.2, or 1.3
(explosive) materials,'' the introductory text of 49 CFR 177.835(c)
only references ``Division 1.1 or 1.2 (explosive) materials.'' The
entry for ``Sec.  177.835(c)'' in Appendix B to Part 385 was added in
the June 30, 2004, Hazardous Materials Safety Permits final rule (69 FR
39371). The Agency's August 19, 2003, supplemental notice of proposed
rulemaking, however, proposed the entry to read without the Division
1.3 reference (see 68 FR 49755). There is no discussion of a need to
change the entry for ``Sec.  177.835(c)'' in the final rule. Thus, the
addition of Division 1.3 materials to the ``Sec.  177.835(c)'' entry
appears to be an inadvertent error.

E. Sections 390.5 (Suspended) and 390.5T Definitions

    The definitions of ``medical examiner'' in Sec. Sec.  390.5
(suspended) and 390.5T are revised to bring the definitions up to date.
On April 20, 2012 (77 FR 24127), FMCSA revised the definition of
``medical examiner'' in Sec.  390.5 to include the requirements of the
National Registry of Certified Medical Examiners final rule. On January
17, 2017 (82 FR 5311, 5314), Sec.  390.5 was suspended indefinitely and
Sec.  390.5T was added as part of the rule to delay the effective date
of certain provisions of the Unified Registration System rule. Because
the May 21, 2014, compliance date for the National Registry of
Certified Medical Examiners rule has passed, the current definitions
are obsolete. This change clarifies the definition by removing only the
language that provided the pre-May 21, 2014, definition of a medical
examiner, and leaving the current definition.

F. Section 391.23 Investigations and Inquiries

    FMCSA amends Sec.  391.23(a)(1) by adding a time frame of 30 days
from the date a driver's employment begins, to clarify when an inquiry
must be made to a State for the motor vehicle record (MVR). Currently,
the time frame is provided in paragraph (b).
    Section 391.23 was adopted on April 22, 1970 (35 FR 6461).
Paragraph (a) has not been amended in a relevant way since it was
adopted. On November 13, 1970 (35 FR 17420), paragraph (b) was amended
to provide that the inquiry to States required by paragraph (a)(1)
``must be made within 30 days of the date the driver's employment
begins.'' Section 391.23(b) was next amended on March 30, 2004 (69 FR
16720) to require that a copy of the driver's MVR obtained in response
to the inquiry to each State required by paragraph (a)(1) ``be placed
in the driver qualification file within 30 days of the date the
driver's employment begins.'' Therefore, the amendment is consistent
with the regulation's history and the language and meaning of paragraph
(b). Adding the language also does not impose any additional burden on
a motor carrier because the carrier is already required to obtain the
MVR.

G. Section 395.2 Definitions

    The definition of ``farm supplies for agricultural purposes'' in
Sec.  395.2 is amended by removing the italics from the phrase ``at any
time of the year.'' The definition is adopted from a direct quotation
of section 4130(c) of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, 1743,
Aug. 10, 2005), except that the statute does not italicize the relevant
phrase. When the definition was added to Sec.  395.2 on July 5, 2007,
the phrase was italicized without an explanation for the need to
highlight it (72 FR 36790). Because there is no reason to highlight the
phrase ``at any time of the year,'' the italics are removed.
    In the definition of ``transportation of construction material and
equipment'' in Sec.  395.2, the word ``tomovements'' is changed to read
``to movements'' to correct a typographical error. FMCSA revised the
definition on July 22, 2016 (81 FR 47721).

H. Section 397.73 Public Information and Reporting Requirements and
Section 397.103 Requirements for State Routing Designations

    FMCSA amends Sec.  397.73(c) by removing the erroneous phrase ``in
the Federal Register'' and correcting the name of the registry to
``National Hazardous Materials Route Registry.'' The preamble of the
final rule modifying Sec.  397.73(c), published on October 2, 2014 (79
FR 59450), accurately stated twice that publication in the Hazardous
Materials Route Registry (e.g., not the Federal Register) was required
to make a routing designation effective (79 FR 59453). FMCSA amends
Sec.  397.103(c)(3) by correcting the name of the registry to
``National Hazardous Materials Route Registry.'' These errors were
present when the paragraphs were adopted (see 79 FR 59457-58) in
response to section 33013(b) of MAP-21 (Pub. L. 112-141, 126 Stat. 405,
839, July 6, 2012). As stakeholders have suggested, and consistent with
section 33013(b) of MAP-21, language is added to both sections to
clarify that a routing designation becomes effective after it is
published in the National Hazardous Materials Route Registry on FMCSA's
website and to provide the website's address.
    The Agency notes that it will continue to periodically publish
notices in the Federal Register summarizing changes to the National
Hazardous Materials Route Registry. However, such Federal Register
notices do not affect the effective date of changes published in the
National Hazardous Materials Route Registry on FMCSA's website. The
industry should continue to consult FMCSA's website for the most up-to-
date list of all designated and restricted road and preferred highway
routes for transportation of highway route controlled quantities of
Class 7 radioactive materials and non-radioactive hazardous materials.

III. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and DOT Regulatory Policies and
Procedures

    FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct.
4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order. Accordingly, OMB has not
reviewed it under that Order. It is also not significant within the
meaning of DOT regulatory policies and procedures (DOT Order 2100.5,
dated May 22, 1980; 44 FR 11034, Feb. 26, 1979). This final rule makes
changes to correct inaccurate references and citations, improve
clarity, and fix errors. None of the changes in this final rule imposes
material new requirements or increases compliance obligations;
therefore, this final rule imposes no new costs and a full regulatory
evaluation is unnecessary.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This rulemaking is not an E.O. 13771 regulatory action and no
further action under E.O. 13771 is required.

C. Regulatory Flexibility Act (Small Entities)

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects and participate in the rulemaking initiative. If the final rule
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please consult the FMCSA point of contact,
David Miller, listed in the For Further Information Contact section of
this final rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's 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 FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    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 State, local, and tribal governments, in
the aggregate, or by the private sector of $156 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2015 levels) or more in any 1 year. This final rule will not result in
such an expenditure.

F. Paperwork Reduction Act (Collection of Information)

    This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

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

I. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

K. Privacy

    The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. Because this final rule does not require the
collection of personally identifiable information, the Agency is not
required to conduct a PIA.
    The E-Government Act of 2002 (Pub. L. 107-347, Sec.  208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.

L. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    E.O. 13783 directs executive departments and agencies to review
existing regulations that potentially burden the development or use of
domestically produced energy resources, and to appropriately suspend,
revise, or rescind those that unduly burden the development of domestic
energy resources. In accordance with E.O. 13783, DOT prepared and
submitted a report to the Director of OMB that provides specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency action that burden domestic energy
production. This rule has not been identified by DOT under E.O. 13783
as potentially alleviating unnecessary burdens on domestic energy
production.

O. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 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.

P. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) are standards that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, FMCSA did not consider the use of voluntary
consensus standards.

Q. Environment (NEPA and CAA)

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph 6.b. This Categorical Exclusion (CE) addresses
minor corrections such as those found in this rulemaking; therefore,
preparation of an environmental assessment or environmental impact
statement is not necessary. The CE determination is available for
inspection or copying in the docket.
    FMCSA also analyzed this rule under section 176(c) of the Clean Air
Act, as amended (CAA) (42 U.S.C. 7406(c)), and implementing regulations
promulgated by the Environmental Protection Agency. Approval of this
action is exempt from the CAA's general conformity requirement because
it does not affect direct or indirect emissions of criteria pollutants.

List of Subjects

49 CFR Part 360

    Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Hazardous materials transportation, Highway safety,
Insurance, Motor carriers, Motor vehicle safety, Moving of household
goods, Penalties, Reporting and recordkeeping requirements, Surety
bonds.

49 CFR Part 380

    Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.

49 CFR Part 397

    Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

0
 1. The authority citation for part 360 continues to read as follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.

0
2. Amend Sec.  360.1 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraphs (a) and (d)(2); and
0
c. Suspend Sec.  360.1 indefinitely.

Sec.  360.1  Fees for registration-related services.

* * * * *
    (a) Certificate of the Director, Office of Management Information
and Services, as to the authenticity of documents, $12;
* * * * *
    (d) * * *
    (2) The fee for computer searches will be set at the current rate
for computer service. Information on those charges can be obtained from
the Office of Management Information and Services (MC-MM).
* * * * *

0
3. Amend Sec.  360.1T by revising paragraphs (a) and (d)(2) to read as
follows:

Sec.  360.1T  Fees for registration-related services.

* * * * *
    (a) Certificate of the Director, Office of Management Information
and Services, as to the authenticity of documents, $9.00;
* * * * *
    (d) * * *
    (2) The fee for computer searches will be set at the current rate
for computer service. Information on those charges can be obtained from
the Office of Management Information and Services (MC-MM).
* * * * *

PART 380--SPECIAL TRAINING REQUIREMENTS

0
4. The authority citation for part 380 is revised to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

0
5. Amend Sec.  380.603 by revising paragraph (b) to read as follows:

Sec.  380.603  Applicability.

* * * * *
    (b) Drivers issued a Class A CDL, Class B CDL, or a passenger (P),
school bus (S), or hazardous materials (H) endorsement before February
7, 2020, are not required to comply with this subpart pertaining to
that CDL or endorsement.
* * * * *

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
6. The authority citation for part 382 is revised to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

0
7. Amend Sec.  382.107 by revising paragraph (1) in the definition of
``Commerce'' to read as follows:

Sec.  382.107  Definitions.

* * * * *
    Commerce means:
    (1) Any trade, traffic or transportation within the jurisdiction of
the United States between a place in a State and a place outside of
such State, including a place outside of the United States; or
* * * * *

PART 385--SAFETY FITNESS PROCEDURES

0
8. The authority citation for part 385 is revised to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 13908, 31136, 31144, 31148, 31151, 31502; sec. 350,
Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR 1.87.

0
9. Amend Appendix B to Part 385, section VII, by revising the entry for
``Sec.  177.835(c)'' to read as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

VII. List of Acute and Critical Regulations

* * * * *
    Sec.  177.835(c) Accepting for transportation or transporting
Division 1.1 or 1.2 (explosive) materials in a motor vehicle or
combination of vehicles that is not permitted (acute).
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
10. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; sec. 212 and 217, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by
sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat.
1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830;
sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524,
Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L.
115-105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87.

0
11. Amend Sec.  390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the definition of ``Medical examiner''; and
0
c. Suspend Sec.  390.5 indefinitely.

Sec.  390.5  Definitions.

* * * * *
    Medical examiner means an individual certified by FMCSA and listed
on the National Registry of Certified Medical Examiners in accordance
with subpart D of this part.
* * * * *

0
12. Amend Sec.  390.5T by revising the definition of ``Medical
examiner'' to read as follows:

Sec.  390.5T  Definitions.

* * * * *
    Medical examiner means an individual certified by FMCSA and listed
on the National Registry of Certified Medical Examiners in accordance
with subpart D of this part.
* * * * *

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
13. The authority citation for part 391 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.

0
14. Amend Sec.  391.23 by revising paragraph (a)(1) to read as follows:

Sec.  391.23  Investigations and inquiries.

    (a) * * *
    (1) An inquiry, within 30 days of the date the driver's employment
begins, to each State where the driver held or holds a motor vehicle
operator's license or permit during the preceding 3 years to obtain
that driver's motor vehicle record.
* * * * *

PART 395--HOURS OF SERVICE OF DRIVERS

0
15. The authority citation for part 395 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113,
Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as
added and transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

Sec.  395.2  [Amended]

0
16. Amend Sec.  395.2, in the definition of ``Farm supplies for
agricultural purposes'' by removing the phrase ``at any time of the
year'' and adding in its place the phrase ``at any time of the year''.

0
17. Amend Sec.  395.2, in the definition of ``Transportation of
construction material and equipment'' by removing the word
``tomovements'' and adding in its place the words ``to movements''.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
18. The authority citation for part 396 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES

0
19. The authority citation for part 397 continues to read as follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

0
20. Amend Sec.  397.73 by revising paragraph (c) to read as follows:

Sec.  397.73  Public information and reporting requirements.

* * * * *
    (c) A State or Tribally-designated route is effective only after it
is published in the National Hazardous Materials Route Registry on
FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.

0
21. Amend Sec.  397.103 by revising paragraph (c)(3) to read as
follows:

Sec.  397.103  Requirements for State routing designations.

* * * * *
    (c) * * *
    (3) The route is published in the National Hazardous Materials
Route Registry on FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.
* * * * *

    Issued under the authority delegated in 49 CFR 1.87 on:
September 21, 2018.
 Raymond P. Martinez,
Administrator.
[FR Doc. 2018-21064 Filed 9-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Notices]
[Page 31113-31114]
[DOCID:fr30my08-45]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8572-9; Docket ID No. EPA-HQ-ORD-2006-0260]

Draft Integrated Science Assessment for Sulfur Oxides--Health
Criteria

AGENCY:  Environmental Protection Agency.

ACTION: Notice of Public Comment Period.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the availability of the second external review draft of a document
titled, ``Draft Integrated Science Assessment for Sulfur Oxides--Health
Criteria'' (EPA/600/R-08/047). The document was prepared by the
National Center for Environmental Assessment within EPA's Office of
Research and Development as part of the review of the primary (health-
based) national ambient air quality standards (NAAQS) for sulfur
oxides.
    EPA is releasing this draft document solely for the purpose of
seeking public comment and for review by the Clean Air Scientific
Advisory Committee (CASAC) (meeting date and location to be specified
in a separate Federal Register notice). It does not represent and
should not be construed to represent any Agency policy, viewpoint, or
determination. EPA will consider any public comments submitted in
accordance with this notice when revising the document.

DATES: The public comment period begins on or about May 30, 2008.
Comments must be received on or before July 25, 2008.

ADDRESSES: The ``Draft Integrated Science Assessment for Sulfur
Oxides--Health Criteria'' will be available primarily via the Internet
on the National Center for Environmental Assessment's home page under
the Recent Additions and Publications menus at http://www.epa.gov/ncea.
A limited number of CD-ROM or paper copies will be available. Contact
Ms. Ellen Lorang by phone<PHONE_NUMBER>), fax<PHONE_NUMBER>), or e-mail
<EMAIL_ADDRESS>to request either of these, and please provide
your name, your mailing address, and the document title, ``Draft
Integrated Science Assessment for Sulfur Oxides--Health Criteria''
(EPA/600/R-08/047) to facilitate processing of your request.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Dr.
Jee Young Kim, NCEA; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Document

    Section 108(a) of the Clean Air Act directs the Administrator to
identify certain pollutants which ``cause or contribute to air
pollution which may reasonably be anticipated to endanger public health
and welfare'' and to issue air quality criteria for them. These air
quality criteria are to ``accurately reflect the latest scientific
knowledge useful in indicating the kind and extent of all identifiable
effects on public health or welfare which may be expected from the
presence of [a] pollutant in the ambient air * * * '' Under section 109
of the Act, EPA is then to establish national ambient air quality
standards (NAAQS) for each pollutant for which EPA has issued criteria.
Section 109(d) of the Act subsequently requires periodic review and, if
appropriate, revision of existing air quality criteria to reflect
advances in scientific knowledge on the effects of the pollutant on
public health and welfare. EPA is also to revise the NAAQS, if
appropriate, based on the revised air quality criteria.
    Sulfur oxides are one of six principal (or ``criteria'') pollutants
for which EPA has established NAAQS. Periodically, EPA reviews the
scientific basis for these standards by preparing an Integrated Science
Assessment (ISA), formerly called an Air Quality Criteria Document
(AQCD). The ISA and supplementary annexes, in conjunction with
additional technical and policy assessments, provide the scientific
basis for EPA decisions on the adequacy of a current NAAQS and the
appropriateness of new or revised standards. The Clean Air Scientific
Advisory Committee (CASAC), an independent science advisory committee
mandated by the Clean Air Act and part of the EPA's Science Advisory
Board (SAB), is charged with independent expert scientific review of
EPA's draft ISAs.
    On May 16, 2006 (71 FR 28023), EPA formally initiated its current
review of the criteria for Sulfur Oxides, requesting the submission of
recent scientific information on specified topics. A draft of EPA's
``Integrated Plan for Review of the Primary National Ambient Air
Quality Standard for Sulfur Oxides'' was made available in February
2007, for public comment and was discussed by the Clean Air Science
Advisory Committee (CASAC) via a publicly accessible teleconference
consultation on May 11, 2007 (72 FR 20336). The plan was finalized and
made available in October, 2007 (http://www.epa.gov/ttn/naaqs/
standards/so2/s_so2_cr_pd.html). In February 2007 (72 FR 6238), a
workshop was held to discuss, with invited scientific experts, initial
draft materials prepared in the development of the ISA and
supplementary annexes for sulfur oxides. The first external review
draft of this ISA was released for public comment and review by the
CASAC on September 28, 2007 (72 FR 55207), and was reviewed by CASAC at
a public meeting held on December 5-6, 2007 (72 FR 64216). This second
draft document incorporates revisions to address comments raised by
CASAC and the public.
    The second external review draft ISA for Sulfur Oxides will be
discussed at a public meeting for review by CASAC, and public comments
received will be provided to the CASAC review panel. A future Federal
Register notice will

inform the public of the exact date and time of that CASAC meeting.

II. How to Submit Technical Comments To the Docket at http://
www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2006-
0260, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-
566-1752.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, Room 3334, EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments by mail or hand delivery, please submit
three copies of the comments. For attachments, provide an index, number
pages consecutively with the comments, and submit an unbound original
and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-0260. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center home page at http://www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: May 22, 2008.
Peter W. Preuss,
Director, National Center for Environmental Assessment.
 [FR Doc. E8-11977 Filed 5-29-08; 8:45 am]

BILLING CODE 6560-50-P