[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41838-41840]
[FR Doc No: 2021-16516]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0750; FRL-8676-01-OCSPP]

Pesticide Registration Review; Proposed Interim Decisions for
Several Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's proposed
interim registration review decisions and opens a 60-day public comment
period on the proposed interim decisions for the following pesticides:
Amitraz, cinnamaldehyde, difenoconazole, farnesol and nerolidol,
fenbuconazole, isoxaflutole, mesotrione, metaldehyde, MGK-264, Nosema
locustae, oxadiazon, oxyfluorfen, piperonyl butoxide (PBO), pyrethrins,
tembotrione, topramezone, Ulocladium oudemansii (U3 Strain).

DATES: Comments must be received on or before October 4, 2021.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the specific pesticide of interest
provided in the Table in Unit IV., using the Federal eRulemaking Portal
at http://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information

whose disclosure is restricted by statute. Additional instructions on
commenting or visiting the docket, along with more information about
dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA/DC
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on the EPA/DC and docket
access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: The Chemical Review Manager for the pesticide of interest
identified in the Table in Unit IV.
    For general information on the registration review program,
contact: Melanie Biscoe, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(703) 305-7106; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager for the pesticide of interest
identified in the Table in Unit IV.

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 email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed proposed interim decisions for all pesticides
listed in the Table in Unit IV. Through this program, EPA is ensuring
that each pesticide's registration is based on current scientific and
other knowledge, including its effects on human health and the
environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in the Table in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed interim registration review decisions for the
pesticides shown in Table 1 and opens a 60-day public comment period on
the proposed interim registration review decisions.

                   Table 1--Proposed Interim Decisions
------------------------------------------------------------------------
                                                        Chemical review
  Registration review case name                           manager and
             and No.                 Docket ID No.          contact
                                                          information
------------------------------------------------------------------------
Amitraz.........................  EPA-HQ-OPP-2009-10  Veronica Dutch,
Case Number 0234................   15<EMAIL_ADDRESS>703-308-
                                                       8585.
Cinnamaldehyde..................  EPA-HQ-OPP-2010-09  Bibiana Oe,
Case Number 6032................   18<EMAIL_ADDRESS>703-347-8162.
Difenoconazole..................  EPA-HQ-OPP-2015-04  Jordan Page,
Case Number 7014................   01<EMAIL_ADDRESS>703-347-0467.
Farnesol and Nerolidol..........  EPA-HQ-OPP-2021-02  Joseph Mabon,
Case Number 6061................   75<EMAIL_ADDRESS>703-347-
                                                       0177.
Fenbuconazole...................  EPA-HQ-OPP-2015-07  Ben Tweed,
Case Number 7012................   16<EMAIL_ADDRESS>703-347-
                                                       8751.
Isoxaflutole....................  EPA-HQ-OPP-2010-09  Rachel Eberius,
Case Number 7242................   79<EMAIL_ADDRESS>703-347-
                                                       0492.
Mesotrione......................  EPA-HQ-OPP-2013-07  Samantha Thomas,
Case Number 7256................   79<EMAIL_ADDRESS>703-347-
                                                       0514.

Metaldehyde.....................  EPA-HQ-OPP-2015-06  Rachel Eberius,
Case Number 0576................   49<EMAIL_ADDRESS>703-347-
                                                       0492.
MGK-264 (N-octyl bicycloheptene   EPA-HQ-OPP-2012-04  Andrew Muench,
 dicarboximide).                   15.                 [email protected]
Case Number 2430................                       .gov, 703-347-
                                                       8263.
Nosema locustae.................  EPA-HQ-OPP-2021-00  Andrew Queen,
Case Number 4104................   65<EMAIL_ADDRESS>703-308-
                                                       8135.
Oxadiazon.......................  EPA-HQ-OPP-2014-07  Theodore Varns,
Case Number 2485................   82<EMAIL_ADDRESS>703-347-
                                                       8589.
Oxyfluorfen.....................  EPA-HQ-OPP-2014-07  R. David Jones,
Case Number 2490................   78<EMAIL_ADDRESS>703-305-
                                                       6725.
Piperonyl butoxide (PBO)........  EPA-HQ-OPP-2010-04  James Douglass,
Case Number 2525................   98<EMAIL_ADDRESS>703-347-
                                                       8630.
Pyrethrins......................  EPA-HQ-OPP-2011-08  Jordan Page,
Case Number 2580................   85.                 [email protected]
                                                       ov,<PHONE_NUMBER>.
Tembotrione.....................  EPA-HQ-OPP-2016-00  Carolyn Smith,
Case Number 7273................   63<EMAIL_ADDRESS>703-347-
                                                       8325.
Topramezone.....................  EPA-HQ-OPP-2015-01  Kelsi Grogan,
Case Number 7268................   27<EMAIL_ADDRESS>703-347-
                                                       8970.
Ulocladium oudemansii (U3         EPA-HQ-OPP-2021-03  Monica Thapa,
 Strain).                          13.                 [email protected]
Case Number 6520................                       gov, 703-347-
                                                       8688.
------------------------------------------------------------------------

    The registration review docket for a pesticide includes earlier
documents related to the registration review case. For example, the
review opened with a Preliminary Work Plan, for public comment. A Final
Work Plan was placed in the docket following public comment on the
Preliminary Work Plan.
    The documents in the dockets describe EPA's rationales for
conducting additional risk assessments for the registration review of
the pesticides included in the tables in Unit IV, as well as the
Agency's subsequent risk findings and consideration of possible risk
mitigation measures. These proposed interim registration review
decisions are supported by the rationales included in those documents.
Following public comment, the Agency will issue interim or final
registration review decisions for the pesticides listed in Table 1 in
Unit IV.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed interim
registration review decisions. This comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the proposed interim decision. All comments
should be submitted using the methods in ADDRESSES, and must be
received by EPA on or before the closing date. These comments will
become part of the docket for the pesticides included in the Tables in
Unit IV. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.
    The Agency will carefully consider all comments received by the
closing date and may provide a ``Response to Comments Memorandum'' in
the docket. The interim registration review decision will explain the
effect that any comments had on the interim decision and provide the
Agency's response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/pesticide-reevaluation.
    Authority: 7 U.S.C. 136 et seq.

    Dated: July 26, 2021.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2021-16516 Filed 8-2-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30647]
[DOCID:fr01jn07-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55814; File No. SR-CBOE-2007-27]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving a Proposed Rule Change and Amendment No.
1 Thereto Relating to Class Quoting Limits

May 25, 2007.

I. Introduction

    On March 5, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to provide for termination of a
Market-Maker or Remote Market-Maker (``RMM'') appointment in an option
class traded on Hybrid if the Market-Maker or RMM has not submitted any
electronic quotations in that option class during the preceding 30
days. The Exchange submitted Amendment No. 1 to the proposed rule
change on April 18, 2007. The proposed rule change, as amended, was
published for comment in the Federal Register on April 25, 2007.\3\ The
Commission received no comments on the proposal. This order approves
the proposal, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55644 (April 19,
2007), 72 FR 20570.
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II. Description of the Proposal

    CBOE Rule 8.3A establishes the upper limit, i.e., Class Quoting
Limit (``CQL''), on the number of members that may quote electronically
in a particular product traded on CBOE's Hybrid Trading System and
Hybrid 2.0 Platform (collectively ``Hybrid'').\4\
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    \4\ See Securities Exchange Act Release No. 51429 (March 24,
2005), 70 FR 16536 (March 31, 2005) (approving SR-CBOE-2005-58).
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    The purpose of this rule change is to amend CBOE Rule 8.3A to adopt
an interpretation which is applicable only in those option classes
traded on Hybrid in which the CQL for the option class is full and
there is a waiting list of member(s) requesting the ability to quote
electronically in the option class. Specifically, in the event a
Market-Maker or RMM who holds an appointment in an option class traded
on Hybrid has not submitted any electronic quotations in that option
class during the preceding 30 days (calculated on a rolling basis),
then the Market-Maker or RMM's appointment in that option class will be
terminated effective immediately. CBOE will notify the Market-Maker or
RMM prior to terminating its appointment, and the rule provides that
CBOE can make exceptions to this Interpretation and Policy in unusual
circumstances.
    The Market-Maker or RMM can subsequently request an appointment in
the option class. If there is a wait-list of members requesting the
ability to quote electronically, then the Market-Maker or RMM will be
placed on the wait-list for the option class. CBOE intends to implement
the proposal upon approval by the Commission.

III. Discussion

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange \5\ and, in particular, the requirements of Section
6 of the Act.\6\ Specifically, the Commission finds that the proposal
is consistent with Section 6(b)(5) of the Act,\7\ in that the proposal
has been designed to promote just and equitable principles of trade,
and to protect investors and the public interest. The Commission
believes that the proposal should enhance liquidity by helping to
ensure that members who might be willing to provide competitive
quotations and liquidity in an option class are given an opportunity to
do so.
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    \5\ The Commission has considered the amended proposed rule
change's impact on efficiency, competition and capital formation. 15
U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-CBOE-2007-27), as modified by
Amendment No. 1, is approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-10555 Filed 5-31-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Proposed Rules]
[Pages 20658-20661]
[FR Doc No: E9-10302]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0412; Directorate Identifier 2009-NM-022-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some [Embraer ERJ 170
and] Embraer ERJ 190 aircraft models.

    The unsafe condition is damage to the hydraulic lines and
electrical generator power cables in the case of bird impact in the
region of bulkhead 1 of the pylons, which may lead to presence of fire
without indication to the flight crew. The proposed AD would require
actions that are intended to address the unsafe condition described in
the MCAI.

DATES: We must receive comments on this proposed AD by June 4, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0412;
Directorate Identifier 2009-NM-022-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2008-09-02, effective September 30, 2008; and
Brazilian Airworthiness Directive 2008-10-04, effective November 10,
2008 (referred to after this as ``the MCAI''); to correct an unsafe
condition for the specified products. MCAI 2008-09-02 states:

    It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190
aircraft models. In the case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is the possibility where
the impact may affect some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic lines and electrical
generator power cables may lead to presence of fire in the region,
without indication to the flight crew.
* * * * *
MCAI 2008-10-04 states:

    It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170 aircraft models. The
structural integrity of the region where these fasteners are
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners
with titanium fasteners. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-54-0007 and 190-54-0008,
both dated December 21, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making

these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect 20 products of U.S. registry. We also estimate that it
would take 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $3,200, or $160 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0412; Directorate Identifier 2009-NM-022-AD.

Comments Due Date

    (a) We must receive comments by June 4, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes,
certificated in any category, serial numbers 17000156 through
17000169 inclusive; and Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -
100 STD, -200 STD, -200 LR, and -200 IGW airplanes, certificated in
any category, serial numbers 19000047 through 19000089 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Reason

    (e) Brazilian Airworthiness Directive 2008-09-02, effective
September 30, 2008, states:

    It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190
aircraft models. In the case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is the possibility where
the impact may affect some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic lines and electrical
generator power cables may lead to presence of fire in the region,
without indication to the flight crew.
* * * * *
Brazilian Airworthiness Directive 2008-10-04, effective November 10,
2008, states:

    It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170 aircraft models. The
structural integrity of the region where these fasteners are
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners
with titanium fasteners.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight cycles after the effective date of this
AD: Inspect the fasteners in bulkhead 1 of the left- and right-hand
pylons for the presence of aluminum fasteners, in accordance with
Part I of the Accomplishment Instructions of Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
as applicable. If no aluminum fastener is found, this AD requires no
further action.
    (2) If any aluminum fastener is found, before further flight
after the inspection required by paragraph (f)(1) of this AD:
Replace any aluminum fastener with a titanium fastener in accordance
with Part II of the Accomplishment Instructions of Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
as applicable.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act,

the Office of Management and Budget (OMB) has approved the
information collection requirements and has assigned OMB Control
Number 2120-0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2008-09-02,
effective September 30, 2008; MCAI Brazilian Airworthiness Directive
2008-10-04, effective November 10, 2008; and Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
for related information.

    Issued in Renton, Washington, on April 27, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10302 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1188-1189]
[FR Doc No: 2018-00285]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No. FAA-2010-0982; Amdt. No. 135-138]
RIN 2120-AJ53

Helicopter Air Ambulance, Commercial Helicopter, and Part 91
Helicopter Operations; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: The FAA is correcting a final rule published on February 21,
2014. In that rule, the FAA amended its regulations to improve safety
in helicopter air ambulance and commercial helicopter operations. This
document removes an incorrect cross-reference and makes corresponding
revisions.

DATES: Effective January 10, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Verna, Aircraft Maintenance
Division, Avionics Branch, AFS-360, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-
1710; email [email protected].

SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption Without Prior Notice

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
    Section 553(d)(3) of the Administrative Procedure Act requires that
agencies publish a rule not less than 30 days before its effective
date, except as otherwise provided by the agency for good cause found
and published with the rule.
    This document is correcting an error in 14 CFR 135.168. These
corrections will not impose any additional

restrictions on the persons affected by these regulations. Furthermore,
any additional delay in making the regulations correct would be
contrary to the public interest. Accordingly, the FAA finds that (i)
public comment on these standards prior to promulgation is unnecessary,
and (ii) good cause exists to make this rule effective in less than 30
days.

Background

    On February 21, 2014, the FAA published a final rule entitled,
``Helicopter Air Ambulance, Commercial Helicopter, and Part 91
Helicopter Operations'' (79 FR 9932). In that final rule the FAA
created provisions directed primarily toward helicopter air ambulance
operations and all commercial helicopter operations conducted under
part 135.
    The rule added Sec.  135.168(c) which states, ``[t]he equipment
required by this section must be maintained in accordance with Sec.
135.419.'' Section 135.419 outlines inspection, not maintenance,
requirements making the cross reference to Sec.  135.419 incorrect.

Technical Amendment

    This technical amendment addresses this incorrect reference to
inspection requirements. Maintenance and inspection requirements for
part 135 operators are currently described in part 135 Subpart J.
Accordingly, the FAA is removing the current text of Sec.  135.168 (c)
to avoid potential confusion from redundant regulatory text.
    This technical amendment also removes the reference to Sec.
135.168(c) from Sec.  135.168(b). Finally, the FAA removes the
effective date for Sec.  135.168(b) because that date has passed, and
the paragraph currently is effective.

Executive Order Determinations

Executive Order 13771, Reducing Regulation and Controlling Regulatory
Costs

    This technical amendment is not an E.O. 13771 regulatory action
because this technical amendment is not significant under E.O. 12866.

List of Subjects in 14 CFR Part 135

    Air taxis, Aircraft, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
1. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
2. Amend Sec.  135.168 by revising paragraph (b) introductory text and
removing and reserving paragraph (c).
    The revision reads as follows:

Sec.  135.168.  Emergency equipment. Overwater rotorcraft operations.

* * * * *
    (b) Required equipment. Except when authorized by the certificate
holder's operations specifications, or when necessary only for takeoff
or landing, no person may operate a rotorcraft beyond autorotational
distance from the shoreline unless it carries:
* * * * *

    Issued under authority of 49 U.S.C. 106(f), 106(g), 44701(a),
and 44730 in Washington, DC.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-00285 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Page 44917]
[FR Doc No: 2020-16109]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4515-DR; Docket ID FEMA-2020-0001]

Indiana; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-4515-DR), dated April 3, 2020, and
related determinations.

DATES: This change occurred on July 6, 2020.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Kevin M. Sligh,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of James K. Joseph as
Federal Coordinating Officer for this disaster.

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

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-16109 Filed 7-23-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Notices]
[Page 68495]
[DOCID:fr18no08-142]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA Docket No. NHTSA-2008-0174]

Meeting Notice

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Meeting notice--Federal Interagency Committee on Emergency
Medical Services.

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

SUMMARY: NHTSA announces a meeting of the Federal Interagency Committee
on Emergency Medical Services (FICEMS) to be held in Washington, DC.
This notice announces the date, time and location of the meeting, which
will be open to the public.

DATES: The meeting will be held on December 3, 2008, from 1 p.m. to
3:30 p.m.

ADDRESSES: The meeting will be held at 1120 Vermont Avenue, NW., 4th
Floor Conference Room 1 and 2, Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of
Emergency Medical Services, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., NTI-140, Washington, DC
20590, Telephone number<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 10202 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy For Users
(SAFETEA-LU), Public Law 109-59, provided that the FICEMS consist of
several officials from Federal agencies as well as a State emergency
medical services director appointed by the Secretary of Transportation.
SAFETEA-LU directed the Administrator of NHTSA, in cooperation with the
Administrator of the Health Resources and Services Administration of
the Department of Health and Human Services and the Director of the
Preparedness Division, Directorate of Emergency Preparedness and
Response of the Department of Homeland Security, to provide
administrative support to the Interagency Committee, including
scheduling meetings, setting agendas, keeping minutes and records, and
producing reports.
    This meeting of the FICEMS will focus on addressing the
requirements of SAFETEA-LU and the opportunities for collaboration
among the key Federal agencies involved in emergency medical services.
The agenda will include:
     Consideration of the FICEMS Technical Working Group report
and recommendations.
     Follow-up on Evidence-based Practice Guidelines
Conference.
     Follow-up on adoption of FICEMS endorsed grant language.
     Reports and updates from Technical Working Group
committees.
     Reports, updates, recommendations from FICEMS members.
     Report from National EMS Advisory Council (NEMSAC).
    This meeting will be open to the public. Individuals wishing to
register must provide their name, affiliation, phone number, and e-mail
address to Drew Dawson by e-mail at<EMAIL_ADDRESS>or by telephone
at<PHONE_NUMBER> no later than November 26, 2008. Pre-registration is
necessary to comply with security procedures. Picture I.D. must also be
provided to enter the building and it is suggested that visitors arrive
30 minutes early in order to facilitate entry.
    Minutes of the FICEMS meeting will be available to the public
online through the DOT Document Management System (DMS) at: http://
www.regulations.gov under the docket number listed at the beginning of
this notice.

    Issued on: November 13, 2008.
Jeffrey P. Michael,
Acting Associate Administrator for Research & Program Development.
[FR Doc. E8-27314 Filed 11-17-08; 8:45 am]

BILLING CODE 4910-59-P


equipment comprising an affected source from an existing location and
reinstallation of such equipment at a new location. The owner or
operator of an existing affected source that is relocated may elect not
to reinstall minor ancillary equipment including, but not limited to,
piping, ductwork, and valves. However, removal and reinstallation of an
affected source will be construed as reconstruction if it satisfies the
criteria for reconstruction as defined in this section. The costs of
replacing minor ancillary equipment must be considered in determining
whether the existing affected source is reconstructed. [§63.2]

Major source means any stationary source or group of stationary sources
located within a contiguous area and under common control that emits or
has the potential to emit considering controls, in the aggregate, 10
tons per year or more of any hazardous air pollutant or 25 tons per year
or more of any combination of hazardous air pollutants, unless the
Administrator establishes a lesser quantity, or in the case of
radionuclides, different criteria from those specified in this sentence.
[§63.2]

Reconstruction, unless otherwise defined in a relevant standard, means
the replacement of components of an affected or a previously nonaffected
source to such an extent that: (1) The fixed capital cost of the new
components exceeds 50 percent of the fixed capital cost that would be
required to construct a comparable new source; and (2) It is
technologically and economically feasible for the reconstructed source
to meet the relevant standard(s) established by the Administrator (or a
State) pursuant to section 112 of the Act. Upon reconstruction, an
affected source, or a stationary source that becomes an affected source,
is subject to relevant standards for new sources, including compliance
dates, irrespective of any change in emissions of hazardous air
pollutants from that source. [§63.2]

ATTACHMENT 3

Small Business Size Standards

Small Business Size Standards for NAICS Subsector 322 – Paper
Manufacturing

NAICS

Codes

	NAICS U.S. industry title

	Size

standards in

number of

employees

322110	Pulp Mills	750

322121 	Paper (except Newsprint) Mills	750

322122	Newsprint Mills	750

322130 	Paperboard Mills	750

322211 	Corrugated and Solid Fiber Box Manufacturing	500

322212 	Folding Paperboard Box Manufacturing	750

322213	Setup Paperboard Box Manufacturing	500

322214	Fiber Can, Tube, Drum, and Similar Products Manufacturing	500

322215	Non-Folding Sanitary Food Container Manufacturing	750

322221 	Coated and Laminated Packaging Paper Manufacturing	500

322222	Coated and Laminated Paper Manufacturing	500

322223 	Coated Paper Bag and Pouch Manufacturing	500

322224	Uncoated Paper and Multiwall Bag Manufacturing	500

322225	Laminated Aluminum Foil Manufacturing for Flexible Packaging Uses
500

322226 	Surface-Coated Paperboard Manufacturing	500

322231	Die-Cut Paper and Paperboard Office Supplies Manufacturing	500

322232	Envelope Manufacturing	500

322233 	Stationery, Tablet, and Related Product Manufacturing	500

322291	Sanitary Paper Product Manufacturing	500

322299 	All Other Converted Paper Product Manufacturing	500

Source:  U. S. Small Business Administration Table of Small Business
Size Standards Matched to North American Industry Classification System
Codes, Effective August 22, 2008.  Accessed June 16, 2009 at:
http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_ta
blepdf.pdf

ATTACHMENT 4

Acronyms and Abbreviations

acfm	actual cubic foot (feet) per minute

ADTBP 	air-dried ton(s) of bleached pulp

ADTFP	air-dried ton(s) of finished paper

ADTP	air-dried ton(s) of pulp

APCD 	air pollution control device(s)

As	arsenic

AS	activated sludge

ASB	aerated stabilization basin(s)

atm	atmosphere(s)

Be	beryllium

BLO 	black liquor oxidation

BLS	black liquor solids

BOD	biochemical oxygen demand

BOD5	5-day BOD

Btu	British thermal unit(s)

°C	degrees Celsius

Ca	calcium

CaO	calcium oxide  (lime)

CBI	confidential business information

CCA	Clean Condensate Alternative

Cd	cadmium

CDD	chlorinated dibenzo-p-dioxin

CDF	chlorinated dibenzofuran

CEMS	continuous emissions monitoring system(s)

CERCLA  Comprehensive Environmental Response, Compensation, & Liability
Act

cfm	cubic feet per minute

CFR	Code of Federal Regulations

Cl2	chlorine

ClO2	chlorine dioxide

Co	cobalt

CO	carbon monoxide

CO2	carbon dioxide

COMS	continuous opacity monitoring system(s)

Cr	chromium

cu ft	cubic foot (feet)

CY	calendar year

d	day(s)

DCE	direct contact evaporator

dscf	dry standard cubic foot (feet)

dscfm	dry standard cubic feet per minute

ECF	elemental chlorine free

EIS	Emissions Inventory System

EPA	U.S. Environmental Protection Agency

ESP	electrostatic precipitator(s)

°F	degrees Fahrenheit

ft	foot (feet)

ft2	square foot (feet)

g	gram(s)

gal	gallon(s)

gpm	gallon(s) per minute

gr	grain(s)

GW	groundwood

H2O	water

H2S	hydrogen sulfide

HAP	hazardous air pollutant(s)

HCl	hydrochloric acid

Hg	mercury

HHV	higher heating value

hr	hour(s)

HVLC	high volume low concentration

HW	hardwood

in.	inch(es)

ISIS	Industrial Sector Integrated Solutions

kg	kilogram(s)

KMNO4 potassium permanganate

KOH	potassim hydroxide

kWh	kilowatt-hour(s)

l	liter(s)

lb	pound(s)

LK	lime kiln(s)

LVHC	low volume high concentration

MACT	maximum achievable control technology

MDL	method detection limit

MEE	multiple-effect evaporator(s)

mg	milligram(s)

Mg	megagram(s); magnesium

MLVSS	mixed liquor volatile suspended solids

MMBtu	million Btu

mmscf	million standard cubic feet

Mn	manganese

NA	not applicable

NAICS	North American Industry Classification System

NaOH	sodium hydroxide

NATA	National-Scale Air Toxics Assessment

NCASI	National Council of the Paper Industry for Air and Stream
Improvement

NCG	noncondensable gas(es)

NDCE	nondirect contact evaporator

NEC	Not Elsewhere Classified

NEI	National Emissions Inventory

NESHAP  National emissions standard(s) for hazardous air pollutants

NH3	ammonia

Ni	nickel

No.	number

NOx	nitrogen oxides

NSPS	new source performance standard(s)

NSSC	neutral sulfite semichemical

O2	oxygen

O3	ozone

OCC	Old Corrugated Container

ODP	oven-dried pulp

ODT	oven dried ton(s)

ONP	Old News Print

OTM	Other Test Method

PAH	polycyclic aromatic hydrocarbons

Pb	lead

PCC	precipitated calcium carbonate

PCF	processed chlorine free

PM	particulate matter

PM10	PM with an aerodynamic diameter of up to 10 µm

PM2.5	PM with an aerodynamic diameter of up to 2.5 µm

POM	polycyclic organic matter

ppm	part(s) per million

ppmdv	part(s) per million dry volume

ppmdw	part(s) per million dry weight

ppmv	part(s) per million by volume

ppmw	part(s) per million by weight

RF	recovery furnace(s)

RMP	refiner mechanical pulping

RTO	regenerative thermal oxidizer(s)

RTR	residual risk and technology review

Sb	antimony

SCA	specific collecting area

SCC	Source Classification Code

scf	standard cubic foot (feet)

scfm	standard cubic feet per minute

SDT	smelt dissolving tank(s)

Se	selenium

sec	second(s)

SIC	Standard Industrial Classification

SO2	sulfur dioxide

SOG	stripper offgas(es)

SSM	startup, shutdown, and malfunction

st 	short ton(s)

SW	softwood

TBD	To Be Determined

TCF	totally chlorine free

TCDD	tetrachlorodibenzo-p-dioxin

TEQ	2,3,7,8-TCDD toxic equivalent

THC	total hydrocarbon

TMP	thermomechanical pulping

ton	ton(s)

tph 	ton(s) per hour

tpy	ton(s) per year

TRI 	Toxics Release Inventory

TRS	total reduced sulfur

UK	Unknown

U.S.	United States

VOC 	volatile organic compound

WESP	wet ESP

WS	wet scrubber

Wt% 	weight-percent

WW	wastewater

WWT	wastewater treatment

WWTP	wastewater treatment plant

Y/N 	yes/no

yr	year

µm	micrometer(s)

ug	micrograms

ATTACHMENT 5

Resources for Estimating Emissions

Compilation of air pollution emission factors. Volume I: Stationary
point and area sources (5th edition). AP-42. Section 10.2, Chemical Wood
Pulping, September 1990. Research Triangle Park, NC: U. S. Environmental
Protection Agency, Office of Air Quality Planning and Standards.
Available at http://www.epa.gov/ttn/chief/ap42/ch10/index.html

Compilation of air pollutant emission factors. Volume I: stationary
point and area sources  (Chapter 1, External Combustion Source). AP-42.
2001.  Research Triangle Park, NC. U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards. Available at
http://www.epa.gov/ttn/chief/ap42/ch01/index.html

National Council for Air and Stream Improvement, Inc. (NCASI). 2002.
Compilation of speciated reduced sulfur compound and total reduced
sulfur emissions data for kraft mill sources. Technical Bulletin No.
849. Research Triangle Park, NC. Available to NCASI members at
www.ncasi.org.

National Council for Air and Stream Improvement, Inc. (NCASI). 2003.
Compilation of ‘air toxic’ and total

hydrocarbon emissions data for sources at kraft, sulfite and
non-chemical pulp mills – An update. Technical

Bulletin No. 858. Research Triangle Park, N.C.   Available to NCASI
members at www.ncasi.org.

National Council for Air and Stream Improvement, Inc. (NCASI).  2004.
Compilation of criteria air pollutant emissions data for sources at pulp
and paper mills including boilers.  Technical Bulletin No. 884.
Research Triangle Park, N.C. Available to NCASI members at
www.ncasi.org.

National Council for Air and Stream Improvement, Inc. (NCASI). 2010.
Compilation of ‘air toxic’ and total

hydrocarbon emissions data for sources at kraft, sulfite and
non-chemical pulp mills – A Second update. Technical

Bulletin No. 973. Research Triangle Park, N.C.   Available to NCASI
members at www.ncasi.org.

ATTACHMENT 6

Emissions Test Data Request

(Note: Test Reports submitted should be full and complete copies of the
emission test reports, to include field and lab data sheets and example
calculations.)Attachment 6.  Pulp and Paper emission units and
pollutants for which existing representative emission test data are
requested

Emission Unit	Particulate matter (PM)1	Speciated HAP metals2	PM2.5

(fil.)

	PM2.5 (cond.)

	Chlorinated HAP (Cl)1	Hydrochloric acid (HCl)	Methanol1	Total
hydrocarbon (THC) as carbon	CDD/CDF

and

POM/PAH	Total reduced sulfur (TRS)1,3	Nitrogen oxides (NOx)1	Sulfur
dioxide (SO2)1	Carbon monoxide (CO)1

Test methods	M5, M29, M17

PM CEMS, COMS	M29	EPA OTM 27

	EPA OTM 28	Chlorine (Cl2) via M26A with modifications described in
subpart S

Cl2 CEMS	M26 or 26A	Method 308 (part 63)

Methanol CEMS	M25 or M25A

	M23	M16 or

TRS CEMS

Provide total TRS data.  Also provide speciated TRS data, if available.
M7

CEMS	M6

CEMS	M10

CEMS

Recovery furnaces (NDCE and DCE)

	Supply data from 2001 and more recent following subpart MM MACT
compliance	Supply data from 1990 or more recent

	Supply most recent data

Not requested

	Supply data from 1990 or  more recent

	Supply any CDD or POM data and note if equipment config. has changed

	Supply most recent data

	Black liquor oxidizer (BLO)

Note:  The BLO vent is included in definition of DCE, but listed
separately in case data are available for only the BLO)	Not requested

Supply data from 1990 or more recent

Not requested	Supply most recent data

Not requested

	Chemical recovery combustion units  - sulfite	Supply data from 2001 and
more recent following subpart MM MACT compliance

	Supply data from 1990 or more recent	Supply most recent data

Not requested	Supply data from 1990 or  more recent

Not requested	Supply most recent data

Chemical recovery combustion units  - stand alone semichemical

	Supply data from 1990 or more recent

Supply most recent data

Not requested	Supply data from 1990 or more recent

Not requested	Supply most recent data

Smelt dissolving tanks (SDT) or ash dissolving tanks	Supply data from
2001 and more recent following subpart MM MACT compliance	Supply data
from 1990 or more recent	Supply most recent data

Not requested

Supply data from 1990 or more recent

	Supply most recent data	Not requested

Lime kilns/fluidized bed calciners

	Supply data from 2001 and more recent following subpart MM MACT
compliance	Supply data from 1990 or more recent	Supply most recent data

Not requested

Supply data from 1990 or more recent

	Supply most recent data

	Black liquor gasification systems

	Supply most recent data

	Not requested	Supply most recent data

	Thermal oxidizers	Supply most recent data

	Not requested

Supply most recent data

Digesters, Pulp washers, Evaporators, Turpentine recovery, Strippers, O2
delignification, Knotters and screens, Deckers (high density storage),
and Weak and strong liquor storage tanks (or their associated LVHC
and/or HVLC collection systems)	Not requested

Supply most recent data following MACT compliance

Not requested	Supply most recent data following MACT compliance	Not
requested

Sulfite pulping sources

	Not requested

Supply most recent data following MACT compliance

Not requested

	Supply most recent data

	Not requested

Wastewater Treatment Systems	Not requested

Supply most recent modeling or measurement data (as requested in WW tab)

Not requested	Supply most recent modeling or measurement data (as
requested in WW tab)	Not requested

Bleaching systems subject to

 subpart S

	Not requested

Supply most recent data following MACT compliance

	Not requested

	Not requested

Supply most recent data following MACT compliance

Paper machine

emission points

	Not requested

Supply most recent data

Not requested

Causticizing area sources	Not requested

Supply most recent data

Not requested

Stand alone semichemical, mechanical, nonwood, and secondary fiber
pulping	Not requested

Supply most recent data

Not requested

1. If your emission unit is equipped with a continuous emissions
monitoring system (CEMS) or continuous opacity monitoring system (COMS),
supply the CEMS data using the CEMS data spreadsheet (P&P CEMS
spreadsheet.xls)

2. The HAP metals include antimony, arsenic, beryllium, cadmium,
chromium, cobalt, lead, manganese, mercury, nickel, and selenium.
Include chromium VI (Cr+6) and speciated mercury (Hg) test data if
available.

3. Speciated TRS would include:  hydrogen sulfide (H2S), methyl
mercaptan, dimethyl sulfide, and dimethyl disulfide.

Emissions test data representative of your current operations are
requested as described in the survey instructions.

M = method (e.g., M5 is EPA Method 5). EPA Methods 5, 6, 7, 10, 16, 17,
23, 25/25A, 26/26A appear in 40 CFR Part 60, Appendix A.  EPA Method 308
appears in Part 63, Appendix A.

The “OTM” test methods can be found at
http://www.epa.gov/ttn/emc/prelim.html

For more information about the 2005 NEI, please go to:
http://www.epa.gov/ttn/chief/net/2005inventory.html.

Latitude measure in decimal degrees of the angular distance on a
meridian north or south of the equator.  Positive (+) data point for
North America. Example: +78.123456.  For point sources, this represents
the center of the source; for fugitive sources, this is the southwest
corner if the fugitive angle is zero or the western most corner if the
fugitive angle is greater than zero.  Longitude measure in decimal
degrees of the angular distance on a meridian east or west of the prime
meridian.  Negative (-) data point for North America.  Example:
-123.234561.  For point sources this represents the center of the
source; for fugitive sources, this is the southwest corner if the
fugitive angle is zero, or the western most corner if the fugitive angle
is greater than zero.

	Form Approved __/__/__

	OMB Control No. ____-____

	Approval Expires __/__/__

	Form Approved __/__/__

	OMB Control No. ____-____

	Approval Expires __/__/__

Why can’t I over-write existing data?

EPA maintains a record of all changes and "matches" existing NEI entries
(i.e., those in the attached spreadsheet) to new entries (your
revisions).  So if a line (record) in the spreadsheet/database does not
match our existing files, both the old and the new records are
incorporated into the NEI which can result in double counting.  For
these reasons, any changes must be recorded in one of the unshaded
fields and you cannot (successfully) change data by over-writing
existing data in a field.

Why do I have to add every emission unit and/or emission point?

The NEI currently includes both HAP and CAP data.  Updates to the list
of emission units, descriptions, and SCC codes would improve the
accuracy and completeness of the NEI data for use in EPA’s HAP
residual risk efforts.  Updated information will allow EPA to focus
residual risk regulatory analyses on the specific types of emission
units with questionable risk.  The CAP and TRS data will be used in
determining the magnitude of emissions for purposes of reviewing the
NSPS.

What if I do not know the answer to a survey question?

There may be survey questions that you do not know the answer to, or for
which information is not readily available.  If you do not know an
answer and cannot reasonably locate an answer, then you may enter
“UK” for unknown.  However, note that survey respondents providing
an excessive number of “UKs” will most likely receive follow-up
inquiries related to their survey response.

Why does EPA need more data than are included in the NEI?

Facility and equipment details are being requested in addition to the
NEI update to inform the technological review of the pulp and paper
NESHAP and NSPS and to provide information on means of reducing residual
risk.  While the NEI provides EPA with data related to emissions release
points (e.g., mass emission rate and stack exit parameters used for risk
analysis and tracking nationwide trends), the technological review of
the NESHAP and NSPS standards considers emission unit and control
equipment details specific to the processes employed and matches these
details to emissions levels that are achieved (e.g., emission
concentrations).  Applicability of the NESHAP and NSPS compliance
options depend on the specific process equipment.

How detailed must my diagram(s) be?

The EPA will use the diagram(s) to aid in understanding the general mill
flow, and any unique characteristics in the mill layout.  It is not
necessary to show every single vent of every emission unit on the
diagrams.  However, the diagram should provide enough information such
that it is clear how emissions are collected and controlled.  For
example, if all digester vents are routed to LVHC, then it is not
necessary to show each individual digester vent when one line drawn from
a digester “block” to the LVHC collection system is informative.

A Note About Identification Numbers (IDs)

It is imperative that you use the same IDs to describe the same
facility, process line, equipment/emission unit, and emission release
point throughout the survey.  These ID codes will be used to link the
various pulp and paper data base tables together into a functional and
informative data base to be used for regulatory analyses.  You may
choose your own IDs (e.g., based on IDs already included in the NEI, IDs
from existing process flow diagrams, IDs in your air permit, etc.), but
the IDs you choose must be consistent throughout your survey response.
If you wish to avoid follow-up calls regarding your survey data, please
make every effort to ensure that your IDs match throughout the
spreadsheet(s).

Also, please be sure that no extra spaces or characters are included in
the ID cells.  For example, Emission Unit ID “DIG1” is not read the
same as “DIG-1” or “DIG-1_” by data base software.

	 page \* arabic 4

	 page \* arabic 48


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43974]
[DOCID:fr29jy08-98]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Informational Filing

    In accordance with Section 236.913 of Title 49 of the Code of
Federal Regulations (CFR), notice is hereby given that the Federal
Railroad Administration (FRA) has received an informational filing from
the Marquette Rail, LLC to permit field testing of the TrackAccess
System. The informational filing is described below, including the
requisite docket number where the informational filing and any related
information may be found. The document is also available for public
inspection; however, FRA is not accepting public comments.

Marquette Rail, LLC

[Waiver Petition Docket Number FRA-2008-0081]

    The Marquette Rail, LLC has submitted an informational filing to
permit field testing of the software-based dispatch system for low
density lines identified as TrackAccess System. The informational
filing addresses the requirements under 49 CFR 236.913(j)(1).
Specifically, the informational filing contains a description of the
TrackAccess product and an operational concept document, pursuant to 49
CFR 36.913(j)(1).
    TrackAccess is an electronic track occupancy system similar to the
conventional block register. It is designed to protect the area of
exclusive track occupancy given to roadway workers or train crew
members by excluding the possibility of electronic issuance of the
conflicting track occupancy authorities. TrackAccess aims to reduce the
potential for human errors associated with issuance of track occupancy
authorities to roadway workers and train crews by the dispatcher. In
its autonomous mode of operation, the TrackAccess System assumes
electronic delivery of track occupancy authorities to roadway workers
and train crews.
    The Marquette Rail, LLC desires to commence factory testing of the
product on or about August 15, 2008, and conduct a field testing as
soon as practicable, thereafter, contingent upon FRA's acceptance and
approval of their informational filing. The Marquette Rail, LLC intends
to test TrackAccess Systems on it railroad in Michigan.
    Interested parties are invited to review the informational filing
and associated documents at DOT's Docket Management facility during
regular business hours (9 a.m.-5 p.m.) at 1200 New Jersey Avenue, SE.,
Room W12-140, Washington, DC 20590. All documents in the public docket
are available for inspection and copying on the Internet at http://
www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications received into any of our dockets by name of the
individual submitting the document (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC July 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
 [FR Doc. E8-17295 Filed 7-28-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Page 50869]
[FR Doc No: 2017-23852]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-8-000]

Great Bay Solar I, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On October 27, 2017, the Commission issued an order in Docket No.
EL18-8-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether Great Bay
Solar I, LLC's proposed revenue requirement for Reactive Supply and
Voltage Control from Generation Sources Service may be unjust,
unreasonable, unduly discriminatory or preferential, or otherwise
unlawful. Great Bay Solar I, LLC, 161 FERC 61,111 (2017).
    The refund effective date in Docket No. EL18-8-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL18-8-000
must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: October 27, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23852 Filed 11-1-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50747]
[FR Doc No: 2011-20794]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1981-DR; Docket ID FEMA-2011-0001]

North Dakota; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Dakota (FEMA-1981-DR), dated May 10, 2011, and
related determinations.

DATES: Effective Date: August 4, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Dakota is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of May 10, 2011.

    Sioux County and the Standing Rock Indian Reservation for Public
Assistance.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-20794 Filed 8-15-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Notices]
[Page 67293]
[DOCID:fr28no07-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Filings

November 21, 2007.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP96-312-173.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Co submits their Second Revised
Sheet 30G of FERC Gas Tariff, Fifth Revised Volume 1.
    Filed Date: 11/16/2007.
    Accession Number: 20071119-0032.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 28, 2007.

    Docket Numbers: RP08-68-000.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Co submits their
Sixth Revised Sheet 231, et al. to FERC Gas Tariff, Second Revised
Volume 1.
    Filed Date: 11/16/2007.
    Accession Number: 20071119-0031.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 28, 2007.

    Docket Numbers: RP08-69-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overthrust Pipeline Company submits their
Second Revised Sheet 11, et al. to FERC Gas Tariff, Second Revised
Volume 1-A.
    Filed Date: 11/16/2007.
    Accession Number: 20071119-0030.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 28, 2007.

    Docket Numbers: RP08-71-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overthrust Pipeline Co submits First Revised
Sheet 1, 4, 12, 21 and 30, et al. to FERC Gas Tariff, Second Revised
Volume 1-A.
    Filed Date: 11/19/2007.
    Accession Number: 20071120-0110.
    Comment Date: 5 p.m. Eastern Time on Monday, December 3, 2007.

    Docket Numbers: RP08-72-000.
    Applicants: Chandeleur Pipe Line Company.
    Description: Chandeleur Pipe Line Company submits Third Revised
Sheet 64 to FERC Gas Tariff, Second Revised Volume 1, to be effective
12/1/07.
    Filed Date: 11/19/2007.
    Accession Number: 20071120-0129.
    Comment Date: 5 p.m. Eastern Time on Monday, December 3, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
 [FR Doc. E7-23124 Filed 11-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 75089-75091]
[FR Doc No: 2023-24042]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0036]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 12 individuals from the
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle (CMV) drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on October 22, 2023. The
exemptions expire on October 22, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, (FMCSA-2023-0036) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Older-Newer),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On September 13, 2023, FMCSA published a notice announcing receipt
of applications from 12 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (88 FR 62884). The public comment
period ended on October 13, 2023, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. However, FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the Commercial
Driver's License Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System. For non-CDL holders,
the Agency reviewed the driving records from the State Driver's
Licensing Agency. A summary of each applicant's seizure history was
discussed in the September 13, 2023, Federal Register notice (88 FR
62884) and will not be repeated in this notice.
    These 12 applicants have been seizure-free over a range of 42 years
while taking anti-seizure medication and maintained a stable medication
treatment regimen for the last 2 years. In each case, the applicant's
treating physician verified his or her seizure history and supports the
ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) would likely achieve a level of safety equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5T; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 12 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in Sec.  391.41(b)(8), subject to the requirements cited
above:

Colton Braun (IL)
Adam Brunson (AL)
Alan Glinsmann (KS)
Alex Hunter (SD)
Kyle Jones (IN)
Ryan McKnelly (SD)
Alfonso V. Mendoza (CA)
Jerrid Pace (TN)
Elsa Santos (NJ)
Brandon Schindele (MN)
Travis Stevens (MI)
Brad Wetli (IN)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals

and objectives of 49 U.S.C. 31136, 49 U.S.C. chapter 313, or the
FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-24042 Filed 10-31-23; 8:45 am]
BILLING CODE 4910-EX-P