[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]
[Page 27449-27453]
[DOCID:fr12my08-88]

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Part IV

Environmental Protection Agency

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 Sixty-Second Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments; Notice

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0309; FRL-8363-2]

Sixty-Second Report of the TSCA Interagency Testing Committee to
the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its sixty-second report to the
Administrator of EPA on April 17, 2008. In the 62\nd\ ITC Report, which
is included with this notice, the ITC is revising the TSCA section 4(e)
Priority Testing List by removing four tungsten compounds and four
cresols.

DATES: Comments must be received on or before June 11, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0309, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
      Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
      Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0309. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0309. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This notice is directed to the public in general. It may, however,
be of particular interest to you if you manufacture (defined by statute
to include import) and/or process TSCA-covered chemicals and you may be
identified by the North American Industrial Classification System
(NAICS) codes 325 and 32411. Because this notice is directed to the
general public and other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
interested in this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-DOM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
     i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.

     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The Toxic Substances Control Act (TSCA) (15 U.S.C. 260l et seq.)
authorizes the Administrator of EPA to promulgate regulations under
TSCA section 4(a) requiring testing of chemicals and chemical groups in
order to develop data relevant to determining the risks that such
chemicals and chemical groups may present to health or the environment.
Section 4(e) of TSCA established the ITC to recommend chemicals and
chemical groups to the Administrator of EPA for priority testing
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA
section 4(e) Priority Testing List at least every 6 months.
    You may access additional information about the ITC at http://
www.epa.gov/opptintr/itc.

A. The 62\nd\ ITC Report

    The ITC is revising the TSCA section 4(e) Priority Testing List by
removing four tungsten compounds and four cresols.

B. Status of the Priority Testing List

    The Priority Testing List includes 2 alkylphenols, 1 tungsten
compound, 12 lead compounds, 16 chemicals with insufficient dermal
absorption rate data, and 208 High Production Volume (HPV) Challenge
Program orphan chemicals.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: May 5, 2008.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

Sixty-Second Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency

Table of Contents

Summary
I. Background
II. TSCA Section 8 Reporting
A. TSCA Section 8 Reporting Rules
B. ITC's Use of TSCA Section 8 and Other Information
III. ITC's Activities During this Reporting Period (December 2007 to
May 2008)
IV. Revisions to the TSCA Section 4(e) Priority Testing List: Chemicals
Removed from the Priority Testing List
A. Tungsten Compounds
B. Cresols
V. References
VI. The TSCA Interagency Testing Committee

Summary

    The ITC is revising the Toxic Substances Control Act (TSCA) section
4(e) Priority Testing List by removing four tungsten compounds and four
cresols. The TSCA section 4(e) Priority Testing List is Table 1 of this
unit.

                          Table 1.--TSCA Section 4(e) Priority Testing List (May 2008)
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              ITC Report                         Date             Chemical Name/Group             Action
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31                                     January 1993             2 Chemicals with         Designated
                                                                 insufficient dermal
                                                                 absorption rate data
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32                                     May 1993                 10 Chemicals with        Designated
                                                                 insufficient dermal
                                                                 absorption rate data
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35                                     November 1994            4 Chemicals with         Designated
                                                                 insufficient dermal
                                                                 absorption rate data
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37                                     November 1995            Branched 4-nonylphenol   Recommended
                                                                 (mixed isomers)
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41                                     November 1997            Phenol, 4-(1,1,3,3-      Recommended
                                                                 tetramethylbutyl)-
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53                                     November 2003            Sodium tungstate (Na2    Recommended
                                                                 (WO4)), dihydrate
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55                                     December 2004            204 High Production      Recommended
                                                                 Volume (HPV) Challenge
                                                                 Program orphan
                                                                 chemicals
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56                                     August 2005              4 HPV Challenge Program  Recommended
                                                                 orphan chemicals
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60                                     May 2007                 12 Lead and lead         Recommended
                                                                 compounds
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I. Background

    The ITC was established by section 4(e) of TSCA ``to make
recommendations to the Administrator respecting the chemical substances
and mixtures to which the Administrator should give priority
consideration for the promulgation of rules for testing under section
4(a).... At least every six months ..., the Committee shall make such
revisions to the Priority Testing List as it determines to be necessary
and transmit them to the Administrator together with the Committee's
reasons for the revisions'' (Public Law 94-469, 90 Stat. 2003 et seq.,
15 U.S.C. 2601 et seq.). ITC reports are available from the ITC's
website (http://www.epa.gov/opptintr/itc) within a few days of
submission to the EPA Administrator and from the EPA's website (http://
www.epa.gov/fedrgstr) after publication in the Federal Register. The
ITC produces its revisions to the Priority Testing List with
administrative and technical support from the ITC staff, ITC members,
and their U.S. Government

organizations, and contract support provided by EPA. ITC members and
staff are listed at the end of this report.

II. TSCA Section 8 Reporting

A. TSCA Section 8 Reporting Rules

    Following receipt of the ITC's report (and the revised Priority
Testing List) by the EPA Administrator, EPA's Office of Pollution
Prevention and Toxics (OPPT) may add the chemicals from the revised
Priority Testing List to the TSCA section 8(a) Preliminary Assessment
Information Reporting (PAIR) or TSCA section 8(d) Health and Safety
Data Reporting (HaSDR) rules. The PAIR rule requires manufacturers
(including importers) of chemicals added to the Priority Testing List
to submit to EPA certain production and exposure information (http://
www.epa.gov/oppt/chemtest/pubs/pairform.pdf). As provided for in the
PAIR rule, whenever EPA announces the receipt of an ITC report, EPA
amends, unless otherwise instructed by the ITC, the PAIR rule by adding
the recommended (or designated) chemicals that have been added to the
Priority Testing List by the ITC.
    The HaSDR rule requires certain past, current, and proposed
manufacturers, importers, and (if specified by EPA) processors of
listed chemicals to submit to EPA copies and lists of unpublished
health and safety studies on the listed chemicals that they
manufacture, import, or (if specified by EPA) process. As provided for
in the HaSDR rule, whenever EPA announces the receipt of an ITC report,
EPA amends, unless otherwise instructed by the ITC, the HaSDR rule by
adding the recommended (or designated) chemicals that have been added
to the Priority Testing List by the ITC.

B. ITC's Use of TSCA Section 8 and Other Information

    The ITC's use of TSCA section 8 and other information is described
in the 52\nd\ ITC Report (http://www.epa.gov/opptintr/itc).

III. ITC's Activities During this Reporting Period (December 2007 to
May 2008)

    During this reporting period, the ITC discussed tungsten compounds
and cresols.

IV. Revisions to the TSCA Section 4(e) Priority Testing List: Chemicals
Removed from the Priority Testing List

A. Tungsten Compounds

    Of the 22 tungsten compounds added to the Priority Testing List in
the 53\rd\ ITC Report (Ref. 1) and the 56\th\ ITC Report (Ref. 2), 12
were removed in the 58\th\ ITC Report (Ref. 3), and 5 were removed in
the 59\th\ ITC Report (Ref. 4). At this time the ITC is removing 4
tungsten compounds from the Priority Testing List (see Table 2 of this
unit).

  Table 2.--Tungsten Compounds Being Removed From the Priority Testing
                                  List
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                  CAS No.                           Chemical Name
------------------------------------------------------------------------
1314-35-8                                    Tungsten oxide (WO3)
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7440-33-7                                    Tungsten
------------------------------------------------------------------------
11120-25-5                                  Tungstate (W12(OH)2O40\10\-
                                             ), ammonium (1:10)
------------------------------------------------------------------------
13472-45-2                                   Tungstate (WO4\2\-), sodium
                                             (1:2), (T-4)-
------------------------------------------------------------------------

    Prior to removing these 4 tungsten compounds, the PAIR reports
submitted in response to the December 7, 2004, PAIR rule (Ref. 5) were
reviewed. The ITC is removing tungstate
(W12(OH)2O40\10\-),
ammonium (1:10) and tungstate (WO4\2\-), sodium
(1:2), (T-4)- because the data submitted in response to the December 7,
2004 PAIR rule suggested low potential for occupational exposure. The
ITC is removing tungsten from the Priority Testing List because the
toxicological profile for tungsten (http://www.atsdr.cdc.gov/
toxprofiles/tp186.html) summarizes the health effects information. The
ITC is removing tungsten oxide (WO3), a.k.a. tungsten
trioxide because of the voluntary information provided by the
International Tungsten Industry Association and their cooperation in a
National Toxicology Program/National Institute for Occupational Safety
and Health research program to address exposure and toxicity data
needs. The ITC is retaining tungstate (WO4\2\-),
disodium, dihydrate, (T-4)-, a.k.a. sodium tungstate (Na2
(WO4)), dihydrate (CAS No. 10213-10-2), on the Priority
Testing List because of ongoing discussions with the International
Tungsten Industry Association to obtain:
     1. Recent non-Confidential Business Information estimates of
annual production or importation volume data and trends, and chemical-
specific use information, including percentages of production or
importation that are associated with different uses.
    2. Estimates of the number of exposed humans and concentrations of
sodium tungstate, dihydrate to which humans may be exposed in each
relevant manufacturing, processing, or other occupational scenario.
    3. Case studies from occupationally exposed workers and
pharmacokinetics, dermal, inhalation, as well as any oral acute
toxicity, subchronic toxicity, chronic toxicity, genotoxicity,
carcinogenicity, neurotoxicity, reproductive and developmental
toxicity, and epidemiology studies.

B. Cresols

    Cresols were added to the Priority Testing List in the 61\st\ ITC
Report to obtain unpublished data on dermal sensitization (Ref. 6). The
four cresols are listed in Table 3 of this unit.

     Table 3.--Cresols Being Removed From the Priority Testing List
------------------------------------------------------------------------
                                    TSCA Inventory
             CAS No.                     Name             Common Name
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95-48-7                            Phenol, 2-methyl-  o-Cresol
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106-44-5                           Phenol, 4-methyl-  p-Cresol
------------------------------------------------------------------------
108-39-4                           Phenol, 3-methyl-  m -Cresol
------------------------------------------------------------------------
1319-77-3                          Phenol, methyl-     Mixed Cresols
------------------------------------------------------------------------

    In response to the 61\st\ ITC Report, the Cresols Panel of the
American Chemistry Council (ACC) submitted a February 27, 2008 letter
to EPA's Office of Pollution Prevention and Toxics Document Control
Office (Ref. 7). The Cresols Panel also submitted several references
which are summarized in this unit. In a 1972 report to the Research
Institute for Fragrance Materials, Kligman performed a maximization
test on 25 volunteers and determined that p-cresol at 4% concentration
in petrolatum produced no sensitization reactions (Ref. 8). In a 1980
report to the Research Institute for Fragrance Materials, Kligman
performed a maximization test on 25 volunteers and determined that o-
cresol at 4% concentration in petrolatum produced no sensitization
reactions (Ref. 9).
    In later reports, Bruze (1986) showed that guinea pigs sensitized
with 2-methylolphenol (CAS No. 623-05-2) or 4-methylolphenol (CAS No.
90-01-7) and challenged with o-cresol or p-cresol following a guinea
pig maximization test protocol react positively at re-challenge with
both o- and p-cresol (Ref. 10). Bruze and Zimerson (1997) challenged
patients with known contact allergy to phenol-formaldehyde resin and
methylol phenol to o-cresol and p-cresol and found that 4 of 10
patients were sensitive to o-cresol, and 1 of 2 patients were sensitive
to p-cresol (Ref.

11). Bruze and Zimerson (2002) established a dose-response relationship
to cresol sensitization (Ref. 12). Seidenari et al. (1991) patch-tested
adult patients that were sensitized to textile dyes for reaction to m-
cresol and found that there were positive effects in 2 of 81 patients
tested with 2% m-cresol (Ref. 13). These findings were summarized in
the 2006 Cosmetic Ingredient Review (Ref. 14). At this time there do
not appear to be any dermal sensitization studies with mixed cresols.
    After reviewing the studies submitted by the Cresols Panel, it was
determined that the information contained in this voluntary submission
met the data needs. As a result, the ITC is removing o-cresol, p-
cresol, m-cresol and mixed cresols from the Priority Testing List.

V. References

    1. ITC. Fifty-Third Report of the ITC. Federal Register (69 FR
2468, January 15, 2004) (FRL-7335-2). Available on-line at: http://
www.epa.gov/fedrgstr.
    2. ITC. Fifty-Sixth Report of the ITC. Federal Register (70 FR
61520, October 24, 2005) (FRL-7739-9). Available on-line at: http://
www.epa.gov/fedrgstr.
    3. ITC. Fifty-Eighth Report of the ITC. Federal Register (71 FR
39188, July 11, 2006) (FRL-8073-7). Available on-line at: http://
www.epa.gov/fedrgstr.
    4. ITC. Fifty-Ninth Report of the ITC. Federal Register (72 FR
2756, January 22, 2007) (FRL-8110-2). Available on-line at: http://
www.epa.gov/fedrgstr.
    5. EPA. Preliminary Assessment Information Reporting; Addition of
Certain Chemicals. Federal Register (69 FR 70552, December 7, 2004)
(FRL-7366-8). Available on-line at: http://www.epa.gov/fedrgstr.
    6. ITC. Sixty-First Report of the ITC. Federal Register (73 FR
5080, January 28, 2008) (FRL-8347-1). Available on-line at: http://
www.epa.gov/fedrgstr.
    7. ACC. 2008. February 27, 2008 letter from the Cresols Panel of
the American Chemistry Council (ACC) to EPA's Office of Pollution
Prevention and Toxics Document Control Office. Docket ID Number: EPA-
HQ-OPPT-2007-1124.
    8. Kligman, A.M. Report to Research Institute for Fragrance
Materials (RIFM). November 22, 1972. As cited in: Opdyke D.L. J.
(1974). Food Cosmetology Toxicology. 12: 389 and 390. Fragrance raw
materials monographs. p-Cresol.
    9. Kligman, A.M. Report to Research Institute for Fragrance
Materials (RIFM). March 26, 1980.
    10. Bruze, M. 1986. Sensitizing capacity of 2-methylol phenol, 4-
methylol phenol, and 2,4,6-trimethylol phenol in the guinea pig.
American Journal of Contact Dermatitis. 14: 32-38.
    11. Bruze, M. and Zimerson, E. 1997. Cross-reaction patterns in
patients with contact allergy to simple phenols. American Journal of
Contact Dermatitis. 37: 82-86.
    12. Bruze, M. and Zimerson, E. 2002. Contact allergy to o-cresol -
A sensitizer in phenol-formaldehyde resin. American Journal of Contact
Dermatitis. 13: 198-200.
    13. Seidenari, S. Manzini, B.M., and Danese, P. 1991. Contact
sensitization to textile dyes: description of 100 subjects. American
Journal of Contact Dermatitis. 24: 253-258.
     14. Cosmetic Ingredient Review (CIR). 2006. Final report on the
safety assessment of sodium p-chloro-m-cresol, p-chloro-m-cresol,
chlorothymol, mixed cresols, m-cresol, o-cresol, p-cresol,
isopropylcresols, thymol, o-cymen-5-ol, and carvacrol. International
Journal of Toxicology. 25 (Supplement l): 29-127.

VI. The TSCA Interagency Testing Committee

    Statutory Organizations and Their Representatives

    Council on Environmental Quality
    Vacant

    Department of Commerce

    National Institute of Standards and Technology
    Dianne Poster, Chair

    National Oceanographic and Atmospheric Administration
    Tony Pait, Member

    Environmental Protection Agency
    John Schaeffer, Member
    Gerry Brown, Alternate

    National Cancer Institute
    Vacant

    National Institute of Environmental Health Sciences
    Scott Masten, Alternate

    National Institute for Occupational Safety and Health
    Dennis W. Lynch, Vice Chair
    Mark Toraason, Alternate

    National Science Foundation
    Judy Raper, Member
    Margaret Cavanaugh, Alternate

    Occupational Safety and Health Administration
    Thomas Nerad, Member
    Maureen Ruskin, Alternate

    Liaison Organizations and Their Representatives
    Agency for Toxic Substances and Disease Registry
    Daphne Moffett, Member
    Glenn D. Todd, Alternate

    Consumer Product Safety Commission
    Jacqueline Ferrante, Member

    Department of Agriculture
    Clifford P. Rice, Member
    Laura L. McConnell, Alternate

    Department of Defense
    Laurie Roszell, Member

    Department of the Interior
    Barnett A. Rattner, Member

    Food and Drug Administration
    Kirk Arvidson, Alternate
    Ronald F. Chanderbhan, Alternate

    Technical Support Contractor
    Syracuse Research Corporation

    ITC Staff
    John D. Walker, Director
    Carol Savage, Administrative Assistant

TSCA Interagency Testing Committee (7401M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; e-mail address:
<EMAIL_ADDRESS>url: http://www.epa.gov/opptintr/itc.
[FR Doc. E8-10511 Filed 5-9-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38645-38646]
[FR Doc No: 2014-15957]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0096]

Commercial Driver's License: Commonwealth of Virginia, Department
of Motor Vehicles; Application for Exemption

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

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant the Commonwealth of
Virginia Department of Motor Vehicles (Virginia DMV) and all other
State Driver Licensing Agencies (SDLAs) a limited exemption from the
commercial driver's license (CDL) regulation. The exemption will allow
SDLAs to extend to one year the 90-day timeline specified in 49 CFR
383.77(b)(1), thus enabling them to waive the CDL skills test described
in 49 CFR 383.113 for up to a year after separation from military
service for veterans regularly or previously employed in a military
position requiring operation of a commercial motor vehicle (CMV).

DATES: This exemption is effective from July 8, 2014 to July 8, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

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

Request for Exemption

    Virginia DMV requested an exemption from 49 CFR 383.77(b)(1), which
allows States to waive the skills test described in section 383.113 for
applicants regularly employed or previously

employed within the last 90 days in a military position requiring
operation of a CMV. Virginia DMV proposed that it be allowed to extend
the 90-day timeline to one year following the driver's separation from
military service. A copy of the application for exemption is available
for review in the docket for this notice. A notice of the application
was published on April 7, 2014 (79 FR 19170).
    Virginia DMV has a comprehensive Troops-to-Trucks' program that
assists service members in obtaining a Virginia CDL and civilian
employment in the motor carrier industry. Feedback from the Troops-to-
Trucks' military partners has identified the 90-day limit as an
obstacle to service members transitioning to civilian life.
    Virginia DMV contends that the 90-day timeframe is too short for
many of the qualified veterans to utilize while reentering civilian
life.
    According to Virginia DMV, since July 2012, 183 service members
have utilized the 90-day waiver through the Virginia Troops-to-Trucks'
program. It anticipates that an exemption would allow an additional 60
to 100 recent veterans to participate in the program per year. The one-
year timeframe is consistent with FMCSA's November 2013 Report to
Congress regarding a program to assist veterans to acquire CDLs. The
American Trucking Associations has estimated that the motor carrier
industry needs about 96,000 new drivers every year. Providing
additional flexibility in section 383.77(b)(1) will help to expedite
the transition of fully trained military truck drivers to civilian
employment.
    Virginia DMV believes this goal is in the Nation's best interest. A
more accessible waiver period would greatly benefit returning veterans.
This is consistent with FMCSA's belief that the skills test waiver
serves an important function for military personnel returning to the
civilian workforce, as stated in the May 9, 2011, Federal Register
notice that created the 90-day waiver (76 FR 26853).
    In addition, because the issues concerning the Virginia DMV request
could be applicable in each of the States, FMCSA requested public
comment on whether the exemption, if granted, should cover all State
Driver's Licensing Agencies (SDLAs).

Public Comments

    Five comments on the application were received. All supported the
application. Mr. Patrick Crandall commented, ``Our brave veterans
deserve all of the support that our community can provide. Extending
the 90-day waiver to qualified veterans is the right call.'' The Auto
Haulers Association of America said, ``The proposal by the Commonwealth
of Virginia would not adversely affect the safe operation of commercial
motor vehicles on the nation's roadways because applicants with a
military CDL have been trained and certified to levels of competency
which match those required of new applicants.'' Additionally, the
American Association of Motor Vehicle Administrators, American Trucking
Associations and New York State DMV all supported Virginia DMV's
application for the exemption and extending the exemption to all SDLAs.
All comments are available for review in the docket for this notice.

FMCSA Decision

    The FMCSA has evaluated Virginia DMV's application on its merits
following full consideration of the comments submitted to the docket,
and has decided to grant the exemption from 49 CFR 383.77(b)(1) for a
period of 2 years. The exemption covers all SDLAs. FMCSA does not
believe that the veterans' driving skills would decrease during the
additional 9 months in which this exemption allows them to apply for a
waiver of the CDL skills test. This exemption only extends the period
during which application for the skills test waiver may be made, and
does not revise any other provisions of the regulations. FMCSA
determined that the exemption would maintain a level of safety
equivalent to, or greater than, the level achieved without the
exemption (49 CFR 381.305(a)).

    Dated: June 30, 2014.
Anne S. Ferro,
 Administrator.
[FR Doc. 2014-15957 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P