[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43947-43950]
[FR Doc No: 2016-16016]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 117, 147, and 165

[USCG-2016-0537]

Quarterly Listings; Safety Zones, Security Zones, Special Local
Regulations, Drawbridge Operation Regulations and Regulated Navigation
Areas

AGENCY: Coast Guard, DHS.

ACTION: Notice of expired temporary rules issued.

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SUMMARY: This document provides notice of substantive rules issued by
the Coast Guard that were made temporarily effective but expired before
they could be published in the Federal Register. This notice lists
temporary safety zones, security zones, special local regulations,
drawbridge operation regulations and regulated navigation areas, all of
limited duration and for which timely publication in the Federal
Register was not possible.

DATES: This document lists temporary Coast Guard rules that became
effective, primarily between July 2013 and December 2015, and were
terminated before they could be published in the Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this notice contact
Yeoman First Class Maria Fiorella Villanueva, Office of Regulations and
Administrative Law, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit

access to prevent injury or damage to vessels, ports, or waterfront
facilities. Special local regulations are issued to enhance the safety
of participants and spectators at regattas and other marine events.
Drawbridge operation regulations authorize changes to drawbridge
schedules to accommodate bridge repairs, seasonal vessel traffic, and
local public events. Regulated Navigation Areas are water areas within
a defined boundary for which regulations for vessels navigating within
the area have been established by the regional Coast Guard District
Commander.
    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Because Federal Register publication was not possible before the
end of the effective period, mariners were personally notified of the
contents of these safety zones, security zones, special local
regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated.
    The following unpublished rules were placed in effect temporarily
during the period between July 2013 and December 2015 unless otherwise
indicated. To view copies of these rules, visit www.regulations.gov and
search by the docket number indicated in the list below.

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               Docket No.                            Type                      Location           Effective date
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USCG-2013-0372..........................  Safety Zone...............  Pacific Ocean, CA.........        7/5/2013
USCG-2013-0914..........................  Safety Zone...............  Alameda, CA...............       12/2/2013
USCG-2013-1015..........................  Safety Zone...............  Smithland, KY.............       12/6/2013
USCG-2014-0036..........................  Safety Zone...............  Point Pleasant, WV........       1/26/2014
USCG-2014-0029..........................  Safety Zone...............  Ellis Island, NY..........       1/27/2014
USCG-2014-0026..........................  Safety Zone...............  Pittsburgh, PA............       1/27/2014
USCG-2013-1016..........................  Security Zone.............  Jersey City, NJ...........       1/27/2014
USCG-2014-0076..........................  Safety Zone...............  Brownsville, TX...........       2/18/2014
USCG-2014-0050..........................  Safety Zone...............  Houston, TX...............       3/15/2014
USCG-2014-0325..........................  Safety Zone...............  Cincinnati, OH............       7/21/2014
USCG-2014-0445..........................  Safety Zone...............  Newport, KY...............       7/24/2014
USCG-2014-0919..........................  Safety Zone...............  Charleston, WV............       10/4/2014
USCG-2014-0982..........................  Safety Zone...............  Pascagoula, MS............       11/8/2014
USCG-2012-1036..........................  Safety Zone...............  Oak Dale, NY..............      11/29/2014
USCG-2014-0989..........................  Safety Zone...............  Mt. Vernon, IN............       12/1/2014
USCG-2014-1034..........................  Safety Zone...............  Clarksville, TN...........       12/5/2014
USCG-2014-1060..........................  Safety Zone...............  Calvert City, TN..........      12/15/2014
USCG-2014-1054..........................  Safety Zone...............  Wellsburg, WV.............      12/31/2014
USCG-2015-0030..........................  Safety Zone...............  SW Pass Sea Buoy; LA......       1/26/2015
USCG-2015-0075..........................  Safety Zone...............  Bay City, MI..............       1/30/2015
USCG-2015-0041..........................  Safety Zone...............  New Orleans, LA...........       1/31/2015
USCG-2015-0068..........................  Safety Zone...............  Beaumont, TX..............       3/30/2015
USCG-2015-0331..........................  Safety Zone...............  Apra Outer Harbor, GU.....        5/3/2015
USCG-2015-0493..........................  Safety Zone...............  Toledo, OH................       5/31/2015
USCG-2015-0428..........................  Safety Zone...............  Long Beach, CA............       6/15/2015
USCG-2015-0419..........................  Safety Zone...............  Vermilion, OH.............       6/19/2015
USCG-2015-0420..........................  Safety Zone...............  Oswego, NY................       6/20/2015
USCG-2015-0491..........................  Safety Zone...............  Detroit, MI...............       6/20/2015
USCG-2015-0665..........................  Safety Zone...............  Merizo, GU................       7/19/2015
USCG-2015-0804..........................  Safety Zone...............  Hannibal, MO..............        8/7/2015
USCG-2015-0773..........................  Safety Zone...............  Louisville, KY............       8/15/2015
USCG-2015-0810..........................  Safety Zone...............  Erie, PA..................       8/16/2015
USCG-2015-0794..........................  Safety Zone...............  Chicago, IL...............       8/18/2015
USCG-2015-0793..........................  Safety Zone...............  Chicago, IL...............       8/18/2015
USCG-2015-0769..........................  Safety Zone...............  Pittsburgh, PA............       8/19/2015
USCG-2015-0822..........................  Safety Zone...............  Chicago, IL...............       8/20/2015
USCG-2012-0309..........................  Safety Zone...............  Chicago, IL...............       8/21/2015
USCG-2015-0787..........................  Safety Zone...............  Conneaut, OH..............       8/21/2015
USCG-2015-0750..........................  Safety Zone...............  Port Duluth Zone..........       8/21/2015
USCG-2015-0829..........................  Safety Zone...............  Arthur, TX................       8/21/2015
USCG-2015-0789..........................  Safety Zone...............  Kansas City, MO...........       8/22/2015
USCG-2015-0784..........................  Safety Zone...............  Buffalo, NY...............       8/22/2015
USCG-2015-0591..........................  Safety Zone...............  Pittsburgh, PA............       8/27/2015
USCG-2015-0824..........................  Safety Zone...............  Los Angeles, CA...........       8/28/2015
USCG-2015-0826..........................  Safety Zone...............  Wheeling, WV..............       8/29/2015
USCG-2015-0686..........................  Safety Zone...............  Knoxville, TN.............       8/29/2015
USCG-2015-0562..........................  Safety Zone...............  Baton Rouge, LA...........       8/29/2015
USCG-2015-0214..........................  Safety Zone...............  Wilmette, IL..............       8/30/2015
USCG-2015-0778..........................  Safety Zone...............  Sunrise Beach, MO.........       8/30/2015

USCG-2015-0836..........................  Safety Zone...............  Chicago, IL...............       8/31/2015
USCG-2015-0800..........................  Security Zone.............  Seward, AK................       8/31/2015
USCG-2015-0060..........................  Safety Zone...............  Cincinnati, OH............        9/1/2015
USCG-2015-0744..........................  Safety Zone...............  Carnelian Bay, CA.........        9/4/2015
USCG-2015-0860..........................  Safety Zone...............  Hickman, KY...............        9/5/2015
USCG-2015-0830..........................  Safety Zone...............  Saugatuck, MI.............        9/5/2015
USCG-2015-0832..........................  Safety Zone...............  Madison, OH...............        9/6/2015
USCG-2015-0363..........................  Special Local Regulations.  Louisville, KY............       9/11/2015
USCG-2015-0745..........................  Safety Zone...............  Ownesboro, KY.............       9/11/2015
USCG-2015-0832..........................  Safety Zone...............  Chicago, IL...............       9/12/2015
USCG-2015-0733..........................  Safety Zone...............  Marietta, OH..............       9/12/2015
USCG-2015-0706..........................  Special Local Regulations.  Chattanooga, TN...........       9/12/2015
USCG-2015-0840..........................  Safety Zone...............  San Francisco Bay, CA.....       9/12/2015
USCG-2015-0626..........................  Safety Zone...............  Nashville, TN.............       9/12/2015
USCG-2015-0451..........................  Special Local Regulations.  Clarksville, TN...........       9/12/2015
USCG-2015-0734..........................  Special Local Regulations.  Marietta, OH..............       9/13/2015
USCG-2015-0879..........................  Safety Zone...............  Gulport, MS...............       9/15/2015
USCG-2015-0803..........................  Special Local Regulations.  Chattanooga, TN...........       9/16/2015
USCG-2015-0891..........................  Security Zone.............  St Augustine, FL..........       9/18/2015
USCG-2015-0763..........................  Special Local Regulations.  Parkersburg, WV...........       9/19/2015
USCG-2015-0777..........................  Safety Zone...............  New Athens, IL............       9/19/2015
USCG-2015-0870..........................  Safety Zone...............  Superior, WI..............       9/19/2015
USCG-2015-0919..........................  Security Zone.............  Seattle, WA...............       9/23/2015
USCG-2015-0802..........................  Safety Zone...............  Mobile, AL................       9/24/2015
USCG-2015-0781..........................  Special Local Regulations.  Martinsville, WV..........       9/25/2015
USCG-2015-0884..........................  Special Local Regulations.  Morris, IL................       9/26/2015
USCG-2015-0818..........................  Special Local Regulations.  Louisville, KY............       9/26/2015
USCG-2015-0901..........................  Safety Zone...............  Chicago, IL...............       9/26/2015
USCG-2015-0812..........................  Special Local Regulations.  Prospect, KY..............       9/26/2015
USCG-2015-0011..........................  Special Local Regulations.  Chattanooga, TN...........       9/27/2015
USCG-2015-0922..........................  Special Local Regulations.  Long Beach, CA............       10/1/2015
USCG-2015-0839..........................  Special Local Regulations.  Lake Havasu City, AZ......       10/2/2015
USCG-2015-0855..........................  Safety Zone...............  Fort Lauderdale, FL.......       10/3/2015
USCG-2015-0827..........................  Safety Zone...............  Charleston, WV............       10/3/2015
USCG-2015-0671..........................  Special Local Regulations.  Florence, AL..............       10/3/2015
USCG-2015-0900..........................  Safety Zone...............  Morro Bay, CA.............       10/3/2015
USCG-2015-0859..........................  Safety Zone...............  Pittsburgh, PA............       10/4/2015
USCG-2012-1036..........................  Special Local Regulations.  Hartford, CT..............       10/4/2015
USCG-2015-0937..........................  Safety Zone...............  Crystal Bay, CA...........       10/7/2015
USCG-2015-0899..........................  Safety Zone...............  Nashville, TN.............       10/9/2015
USCG-2015-0654..........................  Safety Zone...............  Hagatna, GU...............       10/9/2015
USCG-2015-0779..........................  Special Local Regulations.  San Francisco, CA.........       10/9/2015
USCG-2015-0677..........................  Safety Zone...............  New Orleans, LA...........      10/10/2015
USCG-2015-0882..........................  Special Local Regulations.  San Diego, CA.............      10/10/2015
USCG-2015-0668..........................  Special Local Regulations.  Louisville, KY............      10/10/2015
USCG-2015-0711..........................  Safety Zone...............  Chattanooga, TN...........      10/10/2015
USCG-2015-0791..........................  Safety Zone...............  Rio Vista, CA.............      10/10/2015
USCG-2015-0887..........................  Safety Zone...............  San Francisco, CA.........      10/10/2015
USCG-2015-0743..........................  Safety Zone...............  Capitola, CA..............      10/11/2015
USCG-2015-0851..........................  Regulated Navigation Areas  Miami, FL.................      10/12/2015
USCG-2015-0920..........................  Safety Zone...............  Port New York Zone........      10/12/2015
USCG-2015-0799..........................  Safety Zone...............  Oahu, Hawaii..............      10/16/2015
USCG-2015-0977..........................  Safety Zone...............  Grange, IL................      10/17/2015
USCG-2015-0954..........................  Safety Zone...............  Island, MI................      10/17/2015
USCG-2015-0828..........................  Safety Zone...............  Charleston, WV............      10/18/2015
USCG-2015-0930..........................  Special Local Regulations.  San Diego, CA.............      10/18/2015
USCG-2015-0874..........................  Safety Zone...............  San Diego, CA.............      10/19/2015
USCG-2015-0965..........................  Safety Zone...............  Marinette, WI.............      10/20/2015
USCG-2015-0969..........................  Safety Zone...............  Tampa Bay, FL.............      10/21/2015
USCG-2015-0953..........................  Safety Zone...............  Detroit, MI...............      10/21/2015
USCG-2015-0790..........................  Safety Zone...............  Jacksonville Beach, FL....      10/22/2015
USCG-2015-0862..........................  Safety Zone...............  Louisville, KY............      10/23/2015
USCG-2015-0866..........................  Safety Zone...............  St. Louis, MO.............      10/24/2015
USCG-2015-0990..........................  Safety Zone...............  Galveston TX..............      10/26/2015
USCG-2015-0898..........................  Safety Zone...............  Seal Beach, Ca............      10/26/2015
USCG-2011-0489..........................  Safety Zone...............  Chicago Harbor & Burnham        10/27/2015
                                                                       Park.
USCG-2015-0971..........................  Safety Zone...............  Oak Island, NC............      10/27/2015
USCG-2015-0993..........................  Safety Zone...............  Chicago, IL...............      10/29/2015
USCG-2015-1002..........................  Safety Zone...............  Fairfax County, VA........      10/30/2015
USCG-2015-0979..........................  Safety Zone...............  Long Beach, CA............      10/30/2015
USCG-2015-0536..........................  Safety Zone...............  Pittsburgh, PA............      10/31/2015
USCG-2015-0536..........................  Safety Zone...............  Pittsburgh, PA............      10/31/2015
USCG-2015-0801..........................  Drawbridges...............  Sacramento, CA............       11/1/2015

USCG-2015-0991..........................  Safety Zone...............  Jean Lafitte, LA..........       11/1/2015
USCG-2015-0981..........................  Safety Zone...............  Henderson, KY.............       11/2/2015
USCG-2012-0309..........................  Safety Zone...............  Chicago, IL...............       11/5/2015
USCG-2015-0994..........................  Safety Zone...............  Kelley's Island, OH.......       11/6/2015
USCG-2015-1004..........................  Safety Zone...............  Marysville, MI............       11/7/2015
USCG-2015-1014..........................  Security Zone.............  Annapolis, MD.............       11/9/2015
USCG-2015-0996..........................  Safety Zone...............  Mobile, AL................      11/13/2015
USCG-2015-1049..........................  Safety Zone...............  Pascagoula, MS............      11/15/2015
USCG-2015-0995..........................  Safety Zone...............  Mobile, AL................      11/17/2015
USCG-2015-0976..........................  Safety Zone...............  Parkville, MO.............      11/20/2015
USCG-2015-0903..........................  Special Local Regulations.  Englewood, FL.............      11/20/2015
USCG-2015-0872..........................  Special Local Regulations.  Chattanooga, TN...........      11/21/2015
USCG-2015-1020..........................  Safety Zone...............  Wilmington, NC............      11/21/2015
USCG-2015-1040..........................  Security Zone.............  New York Harbor, NY.......      11/22/2015
USCG-2015-0972..........................  Safety Zone...............  Piti, GU..................      11/25/2015
USCG-2015-1056..........................  Safety Zone...............  St. Louis, MO.............      11/29/2015
USCG-2015-1045..........................  Safety Zone...............  San Pedro, CA.............       12/2/2015
USCG-2015-0984..........................  Safety Zone...............  Chickamauga L&D...........       12/3/2015
USCG-2015-1067..........................  Security Zone.............  Cleveland, OH.............       12/3/2015
USCG-2015-1068..........................  Safety Zone...............  Marietta, OH..............       12/3/2015
USCG-2015-0863..........................  Safety Zone...............  Calhoun, KY...............       12/4/2015
USCG-2015-1058..........................  Safety Zone...............  Newport News, VA..........       12/4/2015
USCG-2015-0878..........................  Safety Zone...............  Lake Charles, LA..........       12/6/2015
USCG-2015-1012..........................  Safety Zone...............  Wilmington, NC............       12/6/2015
USCG-2015-1059..........................  Special Local Regulations.  San Juan, PR..............       12/6/2015
USCG-2015-0997..........................  Safety Zone...............  Louisville, KY............       12/8/2015
USCG-2015-0986..........................  Safety Zone...............  New Johnsonville, TN......       12/9/2015
USCG-2015-1104..........................  Drawbridges...............  Alameda, CA...............      12/18/2015
USCG-2015-1109..........................  Safety Zone...............  Buffalo, NY...............      12/19/2015
USCG-2015-1027..........................  Safety Zone...............  San Francisco, CA.........      12/30/2015
USCG-2015-1062..........................  Safety Zone...............  Boston, MA................      12/31/2015
USCG-2015-1017..........................  Safety Zone...............  Sacramento, CA............      12/31/2015
USCG-2015-1071..........................  Safety Zone...............  Long Beach, CA............      12/31/2015
USCG-2015-1073..........................  Drawbridges...............  Sacramento, CA............      12/31/2015
USCG-2015-1069..........................  Safety Zone...............  Marina Del Rey, CA........      12/31/2015
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    Dated: June 13, 2016.
K. Kroutil,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. 2016-16016 Filed 7-5-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29784-29787]
[FR Doc No: 2020-10593]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0070]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Laydon Composites Ltd.

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

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

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SUMMARY: The FMCSA announces its decision to grant Laydon Composites
Ltd.'s (Laydon) application for a limited 5-year exemption to allow
motor carriers to operate certain commercial motor vehicles (CMVs) that
are equipped with Laydon's OptiTail\TM\ aerodynamic device with rear
identification lamps and rear clearance lamps that are mounted lower
than currently permitted by the Agency's regulations. The Agency has
determined that locating the rear identification lamps and rear
clearance lamps lower on the trailers and semitrailers, mounted at the
same level as the stop lamps, tail lamps, and turn signals, will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption.

FOR FURTHER INFORMATION CONTACT: Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, Office of Carrier,

Driver & Vehicle Safety Standards, MC-PSV,<PHONE_NUMBER>; Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to 49 CFR part 381, FMCSA has authority to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public with 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 the safety analyses and the public comments 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(a)).
    The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must specify the terms and
conditions of the exemption, as well as its effective period (up to 5
years). The exemption may be renewed (49 CFR 381.315(c) and 49 CFR
381.300(b)).

Laydon's Application for Exemption

    Laydon, on behalf of motor carriers utilizing its OptiTail\TM\
aerodynamic devices, applied for an exemption from 49 CFR 393.11 to
allow rear identification lamps and rear clearance lamps to be mounted
lower than currently permitted by the Agency's regulations.
    Table 1 of section 393.11, ``Required lamps and reflectors on
commercial motor vehicles,'' specifies the requirements for lamps,
reflective devices, and associated equipment by type of CMV. All CMVs
manufactured on or after December 25, 1968, must, at a minimum, meet
the applicable requirements of Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, ``Lamps, reflective devices, and associated
equipment,'' in effect at the time of manufacture of the vehicle. Rear
identification lamps must be mounted as close as practicable to the top
of the vehicle. One lamp must be as close as practicable to the
vertical centerline and one must be on each side of the center lamp,
with the lamp centers spaced not less than 6 inches or more than 12
inches apart, and all on the same level. One rear clearance lamp must
be located on each side of the vertical centerline of the vehicle to
indicate overall width, and both of these lamps must be on the same
level and as high as practicable.
    Laydon is wholly owned by WABCO Europe BVBA (i.e., private company
with limited liability), with headquarters in Brussels, Belgium. Laydon
and WABCO have developed a collapsible boat tail technology for
trailers which improves the overall tractor trailer aerodynamic
efficiency. Both OptiTail\TM\ options, the fully automatic and manual
versions, currently are installed on the rear doors of a CMV trailer
with the upper panels below the trailer's identification and clearance
lamps. Laydon notes that installing the upper panels below the
identification lights--about 1.25 to 3 inches below the trailer roof--
is not the ideal aerodynamic condition, and that the upper panels could
yield better aerodynamic flow characteristics if they were mounted
flush with the trailer roof. However, mounting the upper panel of the
OptiTail\TM\ system flush with the roof will block full view of the
trailer identification and clearance lights, in violation of section
393.11 of the FMCSRs.
    Laydon is requesting the exemption to allow trailers using its
OptiTail\TM\ system to have the required identification and clearance
lights mounted lower than currently permitted, at the same location
required for flatbed trailers and intermodal chassis. Laydon states
that while it has conducted (1) computer simulation analysis, (2)
scaled wind tunnel testing, and (3) full scale environmental testing of
the flush roof mounted configuration, the temporary exemption is
necessary to complete actual performance testing in full environmental
conditions by various fleet operators located in multiple areas of the
U.S. with different standard travel routes.
    In its application, Laydon states:

    The safety impact of the proposed 49 CFR 393.11 exemption would
be similar to existing CMVs already in operation, provided the
relocation or addition of lower level identification and clearance
lamps are installed on the CMV. Assuming additional lamps are
installed lower on the trailer and just not relocated, the improved
OptiTail\TM\, auto version (AutoTail), would still have the existing
centerline identification lamp and both clearance lamps visible when
the trailer is traveling at slow speeds. Our AutoTail is self-
deploying and self-retracting. The AutoTail will remain retracted
until the tractor reaches a speed of approximately 40 mph and remain
open until the tractor reduces speed to approximately 6 mph. The
AutoTail will continue to remain closed as long as the trailer does
not exceed 40 mph. As a result, the current centerline
identification and clearance lights would be visible when the
tractor trailer is stopped at a traffic light or other slow speed
road condition. We are not advocating that this is sufficient to
allow the exemption without additional clearance and identification
lamps installed lower on the trailer. All CMV trailers have
conspicuity materials installed across the width of the trailer.
These reflex reflectors will still be visible with the OptiTail\TM\
deployed or retracted. Both the two clearance and three
identification lights should be relocated or additionally added to
the approximate horizontal plane with other rear lamps. These are
generally regarded as the brake and running lamps. This location is
the same as found on some CMVs, such as flatbed trailers, with or
without ``curtain sides'' and intermodal chassis trailers.

    Laydon states that without the exemption, it will be unable to
establish and verify the maximum fuel economy and environmental impacts
of the OptiTailTM system, which could have long-term impacts
on meeting future greenhouse gas or California Air Resources Board fuel
economy requirements.

Comments

    On March 28, 2019, FMCSA published a notice of the Laydon
application (84 FR 11858). The Agency received one anonymous comment
that was not relevant to the exemption application.

FMCSA Analysis

    FMCSA agrees that it is important for motorists to be able readily
to distinguish large trucks and trailers from other vehicles. FMVSS No.
108 and section 393.11 of the FMCSRs ensure this by requiring large
vehicles to be equipped with a combination of lights, reflectors, and
conspicuity treatments that help indicate the overall height, width,
and length of these vehicles. Specifically, all CMVs manufactured on or
after December 25, 1968, must, at a minimum, meet the applicable
requirements of FMVSS No. 108 in effect at the time of manufacture of
the vehicle. The purpose of FMVSS No. 108 is to reduce crashes and
deaths and injuries from crashes, by providing adequate illumination of
the roadway, and by enhancing the conspicuity of motor vehicles on the
public roads so that their presence is perceived and their signals
understood, both in daylight and in darkness or other conditions of
reduced visibility. FMVSS

No. 108 specifies requirements for original and replacement lamps,
reflective devices, and associated equipment. The standard applies to
passenger cars, multipurpose passenger vehicles, trucks, buses,
trailers, and motorcycles.
    Specifically, with respect to clearance lamps and identification
lamps, all (1) trucks and buses 80 inches or more in width, (2)
semitrailers and full trailers 80 inches or more in width (except
converter dollies), and (3) pole trailers must be equipped with:
     Two red clearance lamps, one on each side of the vertical
centerline of the vehicle, mounted as high as practicable to indicate
the overall width of the vehicle; and
     A group of three red identification lights on the rear of
the vehicle, mounted as close as practicable to the top of the vehicle.
One lamp is required to be mounted as close as practicable to the
vertical centerline of the vehicle, and one on each side with lamp
centers spaced not less than 6 inches or more than 12 inches apart.
    The grouping of three identification lamps on the top rear of large
vehicles is intended to uniquely identify them with the longest sight
preview possible. On February 5, 2003, the National Highway Traffic
Safety Administration (NHTSA) denied a petition for rulemaking from
Sierra Products, Inc. (Sierra), which--among other things--requested
that NHTSA amend FMVSS No. 108 to require the identification lights to
be mounted at eye height on heavy trucks (68 FR 5863). In denying
Sierra's petition, NHTSA stated ``As the mounting height of
identification lamps is lowered, the time that nearby drivers will have
to identify the vehicle as a heavy truck will lessen. This is contrary
to the intent of the requirement. On the other hand, the mounting
height of identification lamps has been long established to be ``as
high as practicable.'' This is to make nearby drivers aware of the
vehicle's size. If these lamps were lowered to eye level, approaching
drivers may not be able to distinguish large commercial vehicles from
passenger vehicles.'' [Emphasis added.]
    Notwithstanding the above, the three identification lamps are not
the only means by which drivers are ``able to distinguish large
commercial vehicles from passenger vehicles,'' as stated in NHTSA's
denial of the petition from Sierra. While FMCSA agrees that mounting
identification lamps ``as high as practicable'' provides approaching
motorists maximum time to identify a CMV, and that lowering the
mounting location of the identification lamps reduces that time, FMVSS
No. 108 (and, by incorporation, section 393.11 of the FMCSRs) also
requires the rear of all trailers and semitrailers to be equipped with
conspicuity materials (a strip of alternating red and white
retroreflective sheeting or reflex reflectors) installed across both:
    (1) The full width of the trailer, as close to the extreme edges as
practicable, and as close as practicable to a position not less than
375 mm (14.77 in) and not more than 1525 mm (60.05 in) above the road
surface at the centerline with the trailer at curb weight, and
    (2) The full width of the horizontal member of the rear underride
protection device required by FMVSS No. 224, ``Rear impact
protection.'' The horizontal member is required to extend to within 100
mm (4 in) of the side extremity of the vehicle, and be located not more
than 560 mm (20.05 in) above the ground at any point.
    The presence of these two separate conspicuity treatments on the
rear of all trailers and semitrailers, consisting of alternating red
and white retroreflective material or reflex reflectors, serves as a
clear indication to the motoring public that the vehicle is a large
commercial vehicle as opposed to a passenger car. While these
conspicuity treatments are not located at or near the very top of the
trailer or semitrailer, FMCSA believes they provide a very distinctive
visual pattern on the rear of trailers and semitrailers that easily
enables motorists to be aware that they are approaching a large
vehicle.
    It is important to note that Laydon is proposing that the required
clearance and identification lights be relocated lower on vehicles
using the aerodynamic devices, and is not simply requesting an
exemption from the regulation because the required lights are obscured
by the device. FMCSA believes that relocating the lamps to a lower
position is an acceptable approach and ensures an equivalent level of
safety for two reasons. First, as Laydon notes in its application,
FMVSS No. 108 and section 393.11 of the FMCSRs permit the clearance and
identification lamps to be mounted lower on flatbed trailers and
intermodal chassis simply because there is no other way to mount the
lamps due to the vehicle designs. FMCSA does not believe that locating
the clearance and identification lamps in the same manner on trailers
and semitrailers using Laydon's aerodynamic devices will pose an
unreasonable risk, especially given the conspicuity requirements
discussed above. Second, S6.2.2 of FMVSS No. 108 directly addresses
vehicle designs when required lamps or reflective devices are obscured
by motor vehicle equipment such as ``mirrors, snow plows, wrecker
booms, backhoes, winches,'' and also including Laydon's aerodynamic
devices. In these instances, S6.2.2 of FMVSS No. 108 requires the
vehicle to ``be equipped with an additional lamp or device of the same
type which meet[s] all applicable requirements of this standard,
including photometry and visibility.'' This is exactly what Laydon is
proposing to do--to install the same clearance and identification
lamps, but in a lower position on the vehicle.
    Some fleets and small-scale operators may not have the technical
expertise to move the identification and clearance lamps to a lower
position. FMCSA notes, however, that it is the responsibility of each
motor carrier to ensure that its vehicles fully comply with the FMCSRs
at all times (see 49 CFR 393.1(c)), and this includes the terms and
conditions of this temporary exemption. As such, if a motor carrier
chooses to use Laydon's device, it must ensure that the required lights
are properly moved and are fully operational at all times.
    While FMVSS No. 108 and section 393.11 of the FMCSRs require the
two conspicuity treatments to be installed on the rear of trailers and
semitrailers, neither of the conspicuity treatments is required to be
installed on single unit trucks (box trucks). For this reason, FMCSA
believes that it is appropriate to limit the use of Laydon's
aerodynamic device, when mounted at the top of the vehicle and
obscuring the clearance and identification lights, to trailers and
semitrailers only at this time.

FMCSA Decision

    FMCSA has evaluated the Laydon exemption application. The Agency
believes that granting the temporary exemption to allow rear
identification lamps and rear clearance lamps to be located lower on
trailers and semitrailers, mounted at the same level as the stop lamps,
tail lamps, and turn signals, will likely maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption. Granting the exemption will also be consistent
with the Agency's February 14, 2018, decision to grant an exemption for
motor carriers using a similar aerodynamic device manufactured by
STEMCO LP (83 FR 6718).

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a five-year period,

beginning May 18, 2020 and ending May 19, 2025. During the temporary
exemption period, motor carriers will be allowed to mount Laydon's
OptiTail\TM\ aerodynamic device at the top of trailers and
semitrailers, provided that the rear clearance and identification
lights are mounted at the same level as the stop lamps, tail lamps, and
turn signals. The exemption will be valid for five years unless
rescinded earlier by FMCSA. The exemption will be rescinded if: (1)
Motor carriers and/or CMVs fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 CFR part 381.
    Interested parties possessing information that would demonstrate
that motor carriers using trailers or semitrailers with Laydon's
OptiTail\TM\ aerodynamic device are not achieving the requisite
statutory level of safety should immediately notify FMCSA. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with 49 CFR
part 381, will take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no state shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

 James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10593 Filed 5-15-20; 8:45 am]
 BILLING CODE 4910-EX-P


FYI.

The only EtO sterilization facility we have is Cook.

With regard to the air compliance, enforcement, permits, inspections, reports, and correspondence related to Cook, Inc., this is all publically available in VFC at https://vfc.idem.in.gov/DocumentSearch.aspx using the following search criteria:

Document Date:               Select any date range.
Program:                            Select OAQ
Document Type:               Select Compliance, Correspondence, Enforcement, Inspection, Permit, or Report

::             Compliance contains enforcement-type documents such as Violation Letters, Enforcement Referral Letters, and Violation Response Letters.
::             Correspondence contains items mailed to or from the Compliance and Enforcement Branch or other program areas in OAQ that do not fit any other index category.  This does not include Permit correspondence related to a specific permit number.
::             Enforcement contains Notice of Violations, Agreed Orders, Commissioners Orders, Close Out Letters
::             Permits contains applications submitted to the OAQ Permits Branch, additional information submitted for applications, Draft and Proposed Permits, Final permits, Technical Support Documents, calculations, correspondence related to a specific permit, billing and mailing records, and other accompanying permit documentation.
::             Inspections contains Inspection Reports and accompanying documentation, surveillance, and Inspection Summaries
::             Reports contains all reports submitted to the Compliance and Enforcement Branch except for the Inspection Reports.  The reports includes Quarterly Compliance Monitoring and Deviation Reports, Emergency Reports, Annual Compliance Certifications,. Compliance Notifications, Initial NESHAP Notifications, Temporary Exemption notices including pre- and post-project notifications, stack test reports that  include test protocols, final test report and test summaries, CEMS and COMS reports, Quarterly Material Usage and Emissions Reports, and Natural Gas Fired Boiler Certifications.

Alternate Field:                 Select Air Source ID
ID#:                                      105-00030 for Cook, Inc.


[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77952-77954]
[FR Doc No: 2010-31276]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0328]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt twenty-seven
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. The exemptions will enable these
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are effective December 14, 2010. The exemptions
expire on December 14, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.

    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On October 15, 2010, FMCSA published a notice of receipt of Federal
diabetes exemption applications from thirty-two individuals and
requested comments from the public (75 FR 63536). The public comment
period closed on November 15, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the twenty-seven applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible.
    The September 3, 2003 (68 FR 52441) Federal Register notice in
conjunction with the November 8, 2005 (70 FR 67777) Federal Register
notice provides the current protocol for allowing such drivers to
operate CMVs in interstate commerce.
    These twenty-seven applicants have had ITDM over a range of 1 to 21
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 15, 2010, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it had
reviewed the driving records for Richard Bruehl and Christopher Gary
Chegas and were in favor of granting Federal diabetes exemptions to
these individuals.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the twenty-seven exemption
applications, FMCSA exempts, Juan C. Araoz Cespedes, William V.
Barbrie, Kerry W. Blackwell, Mark S. Braddom, Mike G. Brambila, Matthew
T. Brown, Richard G. Bruehl, John P. Catalano, Travis A. Chandler,
Christopher G. Chegas, Gary J. Dionne, Thomas C. Donahue, Joseph G.
Greatens, Marlin K. Johnson, George Long, Jr., Cary C. McAlister,
Dennis P. Miller, Robert F. Minacapelli, Joe E. L. Radabaugh, Raul F.
Sanchez, Enrique E. Santiago, Thomas A. Schmitt, Leo A. Schmitz, Ben D.
Shelton, Jr., Marlon J. Vanderheiden, Nestor P. Vargas, Jr., and Harold
A. Wendt from the ITDM standard in 49 CFR 391.41(b)(3), subject to the
conditions listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and

objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still
effective at the end of the 2-year period, the person may apply to
FMCSA for a renewal under procedures in effect at that time.

    Issued on: December 1, 2010.
 Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-31276 Filed 12-13-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Notices]
[Page 393]
[FR Doc No: 2013-31484]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-TRI-2013-0281; FRL-9904-82-OEI]

Petition To Add the Oil and Gas Extraction Industry, Standard
Industrial Classification Code 13, to the List of Facilities Required
To Report Under the Toxics Release Inventory; Notice of Receipt of
Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of receipt of petition.

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

SUMMARY: The Environmental Integrity Project (EIP) and sixteen other
organizations submitted a petition to the Environmental Protection
Agency (EPA), dated October 24, 2012, requesting that EPA add the Oil
and Gas Extraction sector, Standard Industrial Classification (SIC)
code 13, to the scope of sectors covered by the Toxics Release
Inventory (TRI) under section 313 of the Emergency Planning and
Community Right-To-Know Act (EPCRA). The petition also requests that
EPA publish the petition in the Federal Register. This Federal Register
Notice provides notice of receipt of this petition, along with the
Docket Identification Number that can be used to view the petition and
related documents. EPA is not soliciting public comment regarding this
notice.

FOR FURTHER INFORMATION CONTACT: Gilbert Mears, Toxics Release
Inventory Program Division, Office of Environmental Information (mail
code 2844T), Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. How can I get copies of this document and other related information?

    1. Docket. EPA has established a docket for this action under
Docket ID No EPA-HQ-TRI-2013-0281. Publicly available docket materials
are available either electronically through www.regulations.gov or in
hard copy at the ``Petition to Add the Oil and Gas Extraction Industry,
Standard Industrial Classification Code 13, to the List of Facilities
Required To Report under the Toxics Release Inventory'' Docket in the
EPA Docket Center, (EPA/DC) EPA West, Room 3334, 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 (202)
566-1744, and the telephone number for the ``Petition to Add the Oil
and Gas Extraction Industry, Standard Industrial Classification Code
13, to the List of Facilities Required To Report under the Toxics
Release Inventory'' Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings at FDSys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

    Dated: December 16, 2013.
Arnold E. Layne,
Director, Office of Information Analysis and Access, Office of
Environmental Information.
[FR Doc. 2013-31484 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P