[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Proposed Rules]
[Pages 81437-81441]
[FR Doc No: 2011-33256]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0633; FRL-9325-9]
RIN 2070-AB27

Proposed Significant New Use Rule for Phenol, 2,4-dimethyl-6-(1-
methylpentadecyl)-

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the
chemical substance identified as phenol, 2,4-dimethyl-6-(1-
methylpentadecyl)- (PMN P-94-209; CAS No. 134701-20-5). This action
would require persons who intend to manufacture, import, or process the
substance for an activity that is designated as a significant new use
by this proposed rule to notify EPA at least 90 days before commencing
that activity. The required notification would provide EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit
or limit that activity before it occurs.

DATES: Comments must be received on or before January 27, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2011-0633, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2011-0633. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2011-0633. EPA's policy is that all comments received will be included
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or email. The
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Abeer Hashem, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-1117; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
import, process, or use the chemical substance contained in this
proposed rule. Potentially affected entities may include, but are not
limited to:
     Manufacturers, importers, or processors of the subject
chemical substance (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15

U.S.C. 2612) import certification requirements promulgated at 19 CFR
12.118 through 12.127; see also 19 CFR 127.28. Chemical importers must
certify that the shipment of the chemical substance complies with all
applicable rules and orders under TSCA. Importers of chemicals subject
to a final SNUR must certify their compliance with the SNUR
requirements. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, any persons who export or
intend to export a chemical substance that is the subject of a proposed
or final SNUR are subject to the export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)) (see Sec.  [emsp14]721.20), and must
comply with the export notification requirements in 40 CFR part 707,
subpart D.

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 in 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What action is the agency taking?

    Under section 5(a)(2) of TSCA, EPA is re-proposing a SNUR
previously proposed for phenol, 2,4-dimethyl-6-(1-methylpentadecyl)-
(PMN P-94-209; CAS No. 134701-20-5) in the Federal Register of
September 9, 1998 (63 FR 48157) (FRL-6020-8) but which was not
finalized. In the 1998 proposed SNUR, based on submitted test data, EPA
expressed concerns for liver toxicity, kidney toxicity, adrenal
toxicity, and blood toxicity. Additionally, based on submitted test
data and analogy to phenols, EPA was also concerned that toxicity to
aquatic organisms would occur at concentrations as low as 1 part per
billion (ppb). EPA determined that use of the substance as described in
the Premanufacture Notice (PMN) did not present an unreasonable risk
because workers would not be subject to significant dermal exposures
and there were no significant environmental releases. EPA also
determined that other potential uses of the substance may result in
significant dermal exposures to workers and significant environmental
releases. Based on this information, the PMN substance met the concern
criteria at Sec.  721.170 (b)(3)(i) and (b)(4)(i). In the 1998 proposed
SNUR, EPA proposed worker protection requirements as specified in Sec.
721.63 (a)(2)(i) and (a)(3), release to water restrictions as specified
in Sec.  721.90 (a)(1), (b)(1), and (c)(1) and associated recordkeeping
requirements.
    Recently, EPA re-evaluated the information now available on phenol,
2,4-dimethyl-6-(1-methylpentadecyl)-. Since the PMN was initially
reviewed, the Agency's Ecological Structure Activity Relationships
(EcoSAR) dataset for phenols has been significantly updated to include
203 chemicals, up from 78 chemicals. The additional number of data
points has increased the robustness of the category, which has changed
the underlying Quantitative Structure Activity Relationships (QSAR). As
a result, when the most recent version of EcoSAR was run for phenol,
2,4-dimethyl-6-(1-methylpentadecyl)- in 2011, the program predicted no
adverse ecotoxicological effects at saturation for this substance.
Additionally, measured water solubility data submitted to the Agency
subsequent to the 1998 proposal support the new EcoSAR prediction of no
expected acute or chronic adverse ecological effects.
    Therefore, based upon the new EcoSAR predictions and the measured
water solubility data, EPA now concludes that the ecological hazard and
risk of this substance are low. EPA no longer determines that this
substance may present an unreasonable risk to the aquatic environment.
As a result EPA, based on the new data received and the Agency's
predictive tools, no longer finds that the PMN substance meets the
concern criteria at Sec.  721.170 (b)(4)(i). Therefore, EPA is re-
proposing this SNUR, retaining the previously proposed worker
protection requirements specified in Sec.  721.63 (a)(2)(i) and (a)(3),
while removing the proposed release to water restrictions specified
Sec.  721.90 (a)(1), (b)(1), and (c)(1).
    This proposed SNUR would require persons to notify EPA at least 90
days before commencing the manufacture, import, or processing of the
chemical substance identified as phenol, 2,4-dimethyl-6-(1-methyl
pentadecyl)-, (PMN P-94-209; CAS No.134701-20-5), for any activity
preliminarily designated by this proposed SNUR as a significant new
use. Receipt of such notices allows EPA to assess risks that may be
presented by the intended uses and, if appropriate, to regulate the
proposed use before it occurs. The record established for this proposed
SNUR is available in the docket under Docket ID number EPA-HQ-OPPT-
2011-0633.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a significant
new use notice (SNUN) to EPA at least 90 days before they manufacture,
import, or process the chemical substance for that use. Persons who
must report are described in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. According
to

Sec.  [emsp14]721.1(c), persons subject to these SNURs must comply with
the same notice requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN, EPA may take regulatory action under
TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it
has received the SNUN. If EPA does not take action, EPA is required
under TSCA section 5(g) to explain in the Federal Register its reasons
for not taking action.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substance that is the subject of this proposed SNUR, EPA
considered relevant information about the toxicity of the chemical
substance, likely human exposures and environmental releases associated
with possible uses, taking into consideration the four bulleted TSCA
section 5(a)(2) factors listed in this unit.

IV. Substance Subject to This Proposed Rule

    EPA is proposing to establish significant new use and recordkeeping
requirements for the chemical substance identified as phenol, 2,4-
dimethyl-6-(1-methylpentadecyl)- (P-94-209). In this unit, EPA provides
the following information for this chemical substance:

PMN Number P-94-209

    Chemical name: Phenol 2,4-dimethyl-6-(1-methylpentadecyl)-.
    Chemical Abstracts Service (CAS) number: 134701-20-5.
    Basis for action: The PMN states that the substance will be used as
an antioxidant. EPA is not aware of additional uses of this PMN
chemical substance. Based on submitted test data, there is concern for
liver toxicity, kidney toxicity, adrenal toxicity, and blood toxicity.
However, after review of the PMN EPA determined that use of the
substance as described in the PMN did not present an unreasonable risk
because workers would not be subject to significant dermal exposures.
EPA has determined that other potential uses of the substance may
result in significant dermal exposures to workers. Based on this
information the PMN substance meets the concern criteria at Sec.
721.170(b)(3)(i).
    Recommended testing: EPA has determined that a dermal absorption
study (OPPTS Test Guideline 870.3250) would help characterize the
health effects of the PMN substance. Test reports should include
protocols approved by the EPA, certificate of analysis for the test
substance, raw data, and results.
    CFR citation: 40 CFR 721.5725.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of phenol, 2,4-dimethyl-6-(1-methylpentadecyl)-, EPA
preliminarily determined that one or more of the criteria of concern
established at Sec.  [emsp14]721.170 were met, as discussed in Units II
and IV.

B. Objectives

    EPA is proposing this SNUR for a chemical substance that has
undergone premanufacture review because the Agency wants to achieve the
following objectives with regard to the significant new uses designated
in this proposed rule:
     EPA would receive notice of any person's intent to
manufacture, import, or process a listed chemical substance for the
described significant new use before that activity begins.
     EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing,
importing, or processing a listed chemical substance for the described
significant new use.
     EPA would be able to regulate prospective manufacturers,
importers, or processors of a listed chemical substance before the
described significant new use of that chemical substance occurs,
provided that regulation is warranted pursuant to TSCA sections 5(e),
5(f), 6, or 7.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Inventory. Guidance on how
to determine if a chemical substance is on the TSCA Inventory is
available on the Internet at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VI. Notice and Comment Procedures

    EPA is issuing this SNUR by notice and comment procedure, as
described in Sec.  [emsp14]721.170(d)(4). In accordance with Sec.
[emsp14]721.170(d)(4)(ii)(A), persons are given the opportunity to
submit comments on or before January 27, 2012 on whether EPA should
establish notification requirements.

VII. Applicability of the Proposed Rule to Uses Occurring Before
Effective Date of the Final Rule

    To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. EPA solicits comments on whether any of the uses
proposed as significant new uses are ongoing.
    As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication of
the proposed rule were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements because a
person could defeat the SNUR by initiating the significant new use
before the rule became final, and then argue that the use was ongoing
before the effective date of the final rule. Thus, persons who begin
commercial manufacture, import, or processing activities with the
chemical substances that would be regulated as a ``significant new
use'' through this proposed rule, must cease any such activity before
the effective date of the rule if and when finalized. To resume their
activities, these persons would have to comply with all applicable SNUR
notice requirements and wait until the notice review period, including
all extensions, expires.
    EPA has promulgated provisions to allow persons to comply with this
proposed SNUR before the effective date. If a person were to meet the
conditions of advance compliance under Sec.  721.45(h), the person
would be

considered exempt from the requirements of the SNUR.

VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. EPA recommended certain
testing in Unit IV. Descriptions of tests are provided for
informational purposes. EPA strongly encourages persons, before
performing any testing, to consult with the Agency pertaining to
protocol selection. To access the OPPTS Test Guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Methods and Guidelines.''
    The recommended tests may not be the only means of addressing the
potential risks of the chemical substance. However, submitting a SNUN
without any test data may increase the likelihood that EPA will take
action under TSCA section 5(e), particularly if satisfactory test
results have not been obtained from a prior PMN or SNUN submitter. EPA
recommends that potential SNUN submitters contact EPA early enough so
that they will be able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

IX. SNUN Submissions

    According to Sec.  [emsp14]721.1(c), persons submitting a SNUN must
comply with the same notice requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in Sec.  720.50. SNUNs
must be submitted on EPA Form No. 7710-25 in accordance with the
procedures set forth in Sec. Sec.  721.25 and 720.40. E-PMN software is
available electronically at http://www.epa.gov/opptintr/newchems.

X. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers, importers, and processors of
the chemical substances subject to this proposed rule. EPA's complete
economic analysis is available in the docket under docket ID number
EPA-HQ-OPPT-2011-0633.

XI. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would establish a SNUR for a chemical substance
that was the subject of a PMN. The Office of Management and Budget
(OMB) has exempted these types of actions from review under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under PRA, unless it has been approved by OMB and displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable. EPA would amend the table
in 40 CFR part 9 to list the OMB approval number for the information
collection requirements contained in this proposed rule, if the SNUR is
subsequently issued as a final rule. This listing of the OMB control
numbers and their subsequent codification in the CFR satisfies the
display requirements of PRA and OMB's implementing regulations at 5 CFR
part 1320. This Information Collection Request (ICR) was previously
subject to public notice and comment prior to OMB approval, and given
the technical nature of the table, EPA finds that further notice and
comment to amend it is unnecessary. As a result, EPA finds that there
is ``good cause'' under section 553(b)(3)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this table without
further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action would not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR would not have a significant adverse economic impact on a
substantial number of small entities. The rationale supporting this
conclusion is discussed in this unit. The requirement to submit a SNUN
applies to any person (including small or large entities) who intends
to engage in any activity described in the rule as a ``significant new
use.'' Because these uses are ``new,'' based on all information
currently available to EPA, it appears that no small or large entities
presently engage in such activities. A SNUR requires that any person
who intends to engage in such activity in the future must first notify
EPA by submitting a SNUN. Although some small entities may decide to
pursue a significant new use in the future, EPA cannot presently
determine how many, if any, there may be. However, EPA's experience to
date is that, in response to the promulgation of over 1,000 SNURs, the
Agency receives on average only 5 notices per year. Of those SNUNs
submitted from 2006-2008, only one appears to be from a small entity.
In addition, the estimated reporting cost for submission of a SNUN (see
Unit IX.) is minimal regardless of the size of the firm. Therefore, EPA

believes that the potential economic impacts of complying with this
SNUR are not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published in the
Federal Register of June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that final SNURs are not expected
to have a significant economic impact on a substantial number of small
entities, which was provided to the Chief Counsel for Advocacy of the
Small Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government would be impacted by this proposed
rule. As such, EPA has determined that this proposed rule would not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
sections 202, 203, 204, or 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4).

E. Executive Order 13132

    This action would not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor would it involve or
impose any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 9,
2000), do not apply to this proposed rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211,
entitled Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use and because this action is not a significant
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: December 16, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as
follows:

PART 721--[AMENDED]

    1. The authority citation for part 721 continues to read as
follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).
    2. Add Sec.  721.5725 to subpart E to read as follows:

Sec.  721.5725  Phenol, 2,4-dimethyl-6-(1-methylpentadecyl)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 2,4-
dimethyl-6-(1-methylpentadecyl)- (PMN P-94-209; CAS No. 134701-20-5) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(2)(i) and (a)(3).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), and (e) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
[FR Doc. 2011-33256 Filed 12-27-11; 8:45 am]
BILLING CODE 6560-50-P


Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraphs 6.f. and 6.g. The Categorical Exclusions (CEs)
in paragraphs 6.f. and 6.g. cover regulations implementing activities,
whether performed by FMCSA or by States pursuant to MCSAP, and
procedures to promote adoption and enforcement of State laws and
regulations pertaining to CMV safety that are compatible with the
FMCSRs

and HMRs, and procedures to provide guidelines for a continuous
regulatory review of State laws and regulations. The proposed
requirements in this rule are covered by these CEs and the proposed
rule would not have any effect on the quality of the environment.

List of Subjects

49 CFR Part 350

    Grant programs-transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 355

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

49 CFR Part 388

    Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR
Chapter III as follows.

0
1. Revise part 350 to read as follows:

PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH
PRIORITY PROGRAM

Subpart A--General
Sec.
350.101 What is the purpose of this part?
350.103 When do the financial assistance program changes take
effect?
350.105 What definitions are used in this part?
Subpart B--Motor Carrier Safety Assistance Program Administration
350.201 What is MCSAP?
350.203 What are the national MCSAP elements?
350.205 What entities are eligible for funding under MCSAP?
350.207 What conditions must a State meet to qualify for MCSAP
funds?
350.209 How and when does a State apply for MCSAP funds using a
CVSP?
350.211 What must a State include for the first year of the CVSP?
350.213 What must a State include for the second and third years of
the CVSP?
350.215 What response does a State receive to its CVSP or annual
update?
350.217 How are MCSAP funds allocated?
350.219 How are MCSAP funds awarded under a continuing resolution
appropriations act or an extension of FMCSA's authorization?
350.221 How long are MCSAP funds available to a State?
350.223 What are the Federal and State shares of costs incurred
under MCSAP?
350.225 What MOE must a State maintain to qualify for MCSAP funds?
350.227 What activities are eligible for reimbursement under MCSAP?
350.229 What specific costs are eligible for reimbursement under
MCSAP?
350.231 What are the consequences for failure to meet MCSAP
conditions?
Subpart C--MCSAP Required Compatibility Review
350.301 What is the purpose of this subpart?
350.303 How does a State ensure compatibility?
350.305 What specific variances from the FMCSRs are allowed for
State laws and regulations and not subject to Federal jurisdiction?
350.307 How may a State obtain a new exemption for State laws and
regulations for a specific industry involved in intrastate commerce?
350.309 What are the consequences if a State has provisions that are
not compatible?
Subpart D--High Priority Program
350.401 What is the High Priority Program?
350.403 What are the High Priority Program objectives?
350.405 What conditions must an applicant meet to qualify for High
Priority Program funds?
350.407 How and when does an eligible entity apply for High Priority
Program funds?
350.409 What response will an applicant receive under the High
Priority Program?
350.411 How long are High Priority Program funds available to a
recipient?
350.413 What are the Federal and recipient shares of costs incurred
under the High Priority Program?
350.415 What types of activities and projects are eligible for
reimbursement under the High Priority Program?
350.417 What specific costs are eligible for reimbursement under the
High Priority Program?

    Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31141,
31161, 31310-31311, 31502; and 49 CFR 1.87.

Subpart A--General

Sec.  350.101  What is the purpose of this part?

    The purpose of this part is to provide direction for entities
seeking MCSAP or High Priority Program funding to improve motor
carrier, CMV, and driver safety.

Sec.  350.103   When do the financial assistance program changes take
effect?

    Unless otherwise provided, the changes to the FMCSA financial
assistance programs under this part take effect for fiscal year 2020,
beginning October 1, 2019.

Sec.  350.105  What definitions are used in this part?

    As used in this part:
    Administrative takedown funds means funds FMCSA deducts each fiscal
year from the amounts made available for MCSAP and the High Priority
Program for expenses incurred by FMCSA for training State and local
government employees and for the administration of the programs.
    Administrator means the administrator of FMCSA.
    Border State means a State that shares a land border with Canada or
Mexico.
    Commercial motor vehicle (CMV) means a motor vehicle that has any
of the following characteristics:
    (1) A gross vehicle weight (GVW), gross vehicle weight rating
(GVWR), gross combination weight (GCW), or gross combination weight
rating (GCWR) of 4,537 kilograms (10,001 pounds) or more.
    (2) Regardless of weight, is designed or used to transport 16 or
more passengers, including driver.
    (3) Regardless of weight, is used in the transportation of
hazardous materials and is required to be placarded pursuant to 49 CFR
part 172, subpart F.
    Commercial vehicle safety plan (CVSP) means a State's CMV safety
objectives, strategies, activities, and performance measures that cover
a 3-year period, including the submission of the CVSP for the first
year and annual updates thereto for the second and third years.
    Compatible or compatibility means State safety laws and
regulations, standards, and orders:
    (1) As applicable to interstate commerce, that are identical to, or
have the same effect as, the FMCSRs;
    (2) As applicable to intrastate commerce, that:
    (i) Are identical to, or have the same effect as, the FMCSRs; or
    (ii) Fall within the limited variances from the FMCSRs allowed
under subpart C of this part; and
    (3) As applicable to interstate and intrastate commerce involving
the movement of hazardous materials, that are identical to the HMRs.
    FMCSA means the Federal Motor Carrier Safety Administration of the
United States Department of Transportation.
    FMCSRs means:
    (1) The Federal Motor Carrier Safety Regulations under parts 390,
391, 392, 393, 395, 396, and 397 of this subchapter; and
    (2) Applicable standards and orders issued under these provisions.
    HMRs means:
    (1) The Federal Hazardous Materials Regulations under subparts F
and G of part 107, and parts 171, 172, 173, 177, 178, and 180 of this
title; and
    (2) Applicable standards and orders issued under these provisions.
    High Priority Program funds means total funds available for the
High

Priority Program, less the administrative takedown funds.
    Investigation means an examination of motor carrier operations and
records, such as drivers' hours of service, maintenance and inspection,
driver qualification, commercial driver's license requirements,
financial responsibility, crashes, hazardous materials, and other
safety and transportation records, to determine whether a motor carrier
meets safety standards, including the safety fitness standard under
Sec.  385.5 of this chapter or, for intrastate motor carrier
operations, the applicable State standard.
    Lead State Agency means the State CMV safety agency responsible for
administering the CVSP throughout a State.
    Maintenance of effort (MOE) means the level of a State's financial
expenditures, other than the required match, the Lead State Agency is
required to expend each fiscal year in accordance with Sec.  350.225.
    Motor carrier means a for-hire motor carrier or private motor
carrier. The term includes a motor carrier's agents, officers, and
representatives as well as employees responsible for hiring,
supervising, training, assigning, or dispatching a driver or an
employee concerned with the installation, inspection, and maintenance
of motor vehicle equipment or accessories.
    Motor Carrier Safety Assistance Program (MCSAP) funds means total
formula grant funds available for MCSAP, less the administrative
takedown funds.
    New entrant safety audit means the safety audit of an interstate
motor carrier that is required as a condition of MCSAP eligibility
under Sec.  350.207(a)(26), and, at the State's discretion, an
intrastate new entrant motor carrier under 49 U.S.C. 31144(g) that is
conducted in accordance with subpart D of part 385 of this chapter.
    North American Standard Inspection means the procedures used by
certified safety inspectors to conduct various levels of safety
inspections of the vehicle or driver.
    State means a State of the United States, the District of Columbia,
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
    Traffic enforcement means the stopping of vehicles operating on
highways for moving violations of State, tribal, or local motor vehicle
or traffic laws by State, tribal, or local officials.

Subpart B--Motor Carrier Safety Assistance Program Administration

Sec.  350.201  What is MCSAP?

    (a) General. MCSAP is a Federal formula grant program that provides
financial assistance to States to reduce the number and severity of
crashes, and resulting injuries and fatalities, involving CMVs and to
promote the safe transportation of passengers and hazardous materials.
The goal of MCSAP is to reduce CMV-involved crashes, fatalities, and
injuries through consistent, uniform, and effective CMV safety programs
that include driver or vehicle inspections, traffic enforcement,
carrier investigations, new entrant safety audits, border enforcement,
safety data improvements, and Performance and Registration Information
Systems Management (PRISM).
    (b) MCSAP requirements. MCSAP requires States to:
    (1) Make targeted investments to promote safe CMV transportation,
including transportation of passengers and hazardous materials;
    (2) Invest in activities likely to generate maximum reductions in
the number and severity of CMV crashes and in fatalities resulting from
CMV crashes;
    (3) Adopt and enforce effective motor carrier, CMV, and driver
safety regulations and practices consistent with Federal requirements;
and
    (4) Assess and improve State-wide performance of motor carrier,
CMV, and driver safety by setting program goals and meeting performance
standards, measurements, and benchmarks.
    (c) State participation. MCSAP sets conditions of participation for
States and promotes compatibility in the adoption and uniform
enforcement of safety laws and regulations, standards, and orders.

Sec.  350.203  What are the national MCSAP elements?

    The national MCSAP elements are:
    (a) Driver inspections;
    (b) Vehicle inspections;
    (c) Traffic enforcement;
    (d) Investigations;
    (e) New entrant safety audits;
    (f) CMV safety programs focusing on international commerce in
border States;
    (g) Beginning October 1, 2020, full participation in PRISM or an
acceptable alternative as determined by the Administrator;
    (h) Accurate, complete, timely, and corrected data;
    (i) Public education and awareness; and
    (j) Other elements that may be prescribed by the Administrator.

Sec.  350.205  What entities are eligible for funding under MCSAP?

    Only States are eligible to receive MCSAP grants directly from
FMCSA.

Sec.  350.207  What conditions must a State meet to qualify for MCSAP
funds?

    (a) General. To qualify for MCSAP funds, a State must:
    (1) Designate a Lead State Agency;
    (2) Assume responsibility for improving motor carrier safety by
adopting and enforcing compatible safety laws and regulations,
standards, and orders, except as may be determined by the Administrator
to be inapplicable to a State enforcement program;
    (3) Ensure that the State will cooperate in the enforcement of
financial responsibility requirements under part 387 of this chapter;
    (4) Provide that the State will enforce the registration
requirements under 49 U.S.C. 13902 and 31134 by prohibiting the
operation of any vehicle discovered to be operated by a motor carrier
without a registration issued under those sections or operated beyond
the scope of the motor carrier's registration;
    (5) Provide a right of entry (or other method a State may use that
is adequate to obtain necessary information) and inspection to carry
out the CVSP;
    (6) Give satisfactory assurances in its CVSP that the Lead State
Agency has the legal authority, resources, and qualified personnel
necessary to enforce compatible safety laws and regulations, standards,
and orders;
    (7) Provide satisfactory assurances that the State will undertake
efforts that will emphasize and improve enforcement of State and local
traffic laws and regulations related to CMV safety;
    (8) Give satisfactory assurances that the State will devote
adequate resources to the administration of the CVSP throughout the
State, including the enforcement of compatible safety laws and
regulations, standards, and orders;
    (9) Provide that the MOE of the Lead State Agency will be
maintained each fiscal year in accordance with Sec.  350.225;
    (10) Provide that all reports required in the CVSP be available to
FMCSA upon request, meet the reporting requirements, and use the forms
for recordkeeping, inspections, and investigations that FMCSA
prescribes;
    (11) Implement performance-based activities, including deployment
and maintenance of technology, to enhance the efficiency and
effectiveness of CMV safety programs;
    (12) Establish and dedicate sufficient resources to a program to
ensure that accurate, complete, and timely motor

carrier safety data are collected and reported, and to ensure the
State's participation in a national motor carrier safety data
correction system prescribed by FMCSA;
    (13) Ensure that the Lead State Agency will coordinate the CVSP,
data collection, and information systems with the State highway safety
improvement program under 23 U.S.C. 148(c);
    (14) Ensure participation in information technology and data
systems as required by FMCSA for jurisdictions receiving MCSAP funding;
    (15) Ensure that information is exchanged with other States in a
timely manner;
    (16) Grant maximum reciprocity for inspections conducted under the
North American Standard Inspection Program through the use of a
nationally accepted system that allows ready identification of
previously inspected CMVs;
    (17) Provide that the State will conduct comprehensive and highly
visible traffic enforcement and CMV safety inspection programs in high-
risk locations and corridors;
    (18) Ensure that driver or vehicle inspections will be conducted at
locations that are adequate to protect the safety of drivers and
enforcement personnel;
    (19) Except in the case of an imminent or obvious safety hazard,
ensure that an inspection of a vehicle transporting passengers for a
motor carrier of passengers is conducted at a bus station, terminal,
border crossing, maintenance facility, destination, or other location
where a motor carrier may make a planned stop (excluding a weigh
station);
    (20) Provide satisfactory assurances that the State will address
activities in support of the national program elements listed in Sec.
350.203, including activities:
    (i) Aimed at removing impaired CMV drivers from the highways
through adequate enforcement of regulations on the use of alcohol and
controlled substances and by ensuring ready roadside access to alcohol
detection and measuring equipment;
    (ii) Aimed at providing training to MCSAP personnel to recognize
drivers impaired by alcohol or controlled substances; and
    (iii) Related to criminal interdiction, including human
trafficking, when conducted with an appropriate CMV inspection and
appropriate strategies for carrying out those interdiction activities,
including interdiction activities that affect the transportation of
controlled substances (as defined in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) and
listed in 21 CFR part 1308) by any occupant of a CMV;
    (21) Ensure that detection of criminal activities and size and
weight activities described in Sec.  350.227(b), if financed through
MCSAP funds, will not diminish the effectiveness of the development and
implementation of the programs to improve motor carrier, CMV, and
driver safety;
    (22) Ensure consistent, effective, and reasonable sanctions;
    (23) Provide that the State will include in the training manuals
for the licensing examinations to drive a CMV and non-CMV information
on best practices for driving safely in the vicinity of CMVs and non-
CMVs;
    (24) Require all registrants of CMVs to demonstrate their knowledge
of applicable FMCSRs, HMRs, or compatible State laws or regulations,
standards, and orders;
    (25) Ensure that the State transmits to inspectors the notice of
each Federal exemption granted under subpart C of part 381 and
Sec. Sec.  390.23 and 390.25 of this subchapter that relieves a person
or class of persons in whole or in part from compliance with the FMCSRs
or HMRs that has been provided to the State by FMCSA and identifies the
person or class of persons granted the exemption and any terms and
conditions that apply to the exemption;
    (26) Subject to paragraphs (b) and (c)(1) of this section, conduct
new entrant safety audits of interstate and, at the State's discretion,
intrastate new entrant motor carriers in accordance with subpart D of
part 385;
    (27) Subject to paragraph (c)(2) of this section, beginning October
1, 2020, participate fully in PRISM by complying with the conditions
for full participation, or receiving approval from the Administrator
for an alternative approach for identifying and immobilizing a motor
carrier with serious safety deficiencies in a manner that provides an
equivalent level of safety;
    (28) Ensure that the State will cooperate in the enforcement of
hazardous materials safety permits issued under subpart E of part 385
of this chapter; and
    (29) For border States, conduct a border CMV safety program
focusing on international commerce that includes enforcement and
related projects, or forfeit all funds allocated for border-related
activities.
    (b) New entrant safety audits--Use of third parties. If a State
uses a third party to conduct new entrant safety audits under paragraph
(a)(26) of this section, the State must verify the quality of the work
and the State remains solely responsible for the management and
oversight of the audits.
    (c) Territories. (1) The new entrant safety audit requirement under
paragraph (a)(26) does not apply to American Samoa, the Commonwealth of
the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands.
    (2) The required PRISM participation date under paragraph (a)(27)
of this section does not apply to American Samoa, the Commonwealth of
the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands.

Sec.  350.209  How and when does a State apply for MCSAP funds using a
CVSP?

    (a) MCSAP Application Submission Format. (1) The CVSP is a 3-year
plan.
    (2) The first year of the CVSP varies by State, depending on when
the State implemented the CVSP.
    (3) For the first year of the CVSP, the Lead State Agency must
submit a CVSP projecting programs and projects covering 3 years and a
budget for the first fiscal year for which the CVSP is submitted, as
explained in Sec.  350.211.
    (4) For the second and third years of the CVSP, the Lead State
Agency must submit an annual update and budget for that fiscal year and
any other needed adjustments or changes to the CVSP, as explained in
Sec.  350.213.
    (b) MCSAP Application Submission Deadline. (1) The Lead State
Agency must submit the CVSP, or the annual updates, to FMCSA by the
date prescribed in the MCSAP application memorandum for the fiscal
year.
    (2) The Administrator may extend for a period not exceeding 30 days
the deadline prescribed in the MCSAP application memorandum for
document submission for good cause.

Sec.  350.211   What must a State include for the first year of the
CVSP?

    (a) General. (1) The first year of the CVSP must comply with the
MCSAP application memorandum and, at a minimum, provide a performance-
based program with a general overview section that includes:
    (i) A statement of the Lead State Agency's goal or mission; and
    (ii) A program summary of the effectiveness of prior activities in
reducing CMV crashes, injuries, and fatalities and in improving driver
and motor carrier safety performance.
    (2) The program summary must identify and address safety or
performance problems in the State.
    (3) The program summary must use 12-month data periods that are

consistent from year to year. This may be a calendar year, fiscal year,
or any 12-month period for which the State's data is current.
    (4) The program summary must show trends supported by safety and
program performance data collected over several years.
    (b) National MCSAP elements. (1) The first year of the CVSP must
include a brief narrative describing how the State CVSP addresses the
national program elements listed in Sec.  350.203.
    (2) The CVSP must address each national program element even if
there are no planned activities in a program area.
    (c) Resource allocation. The first year of the CVSP must explain
the rationale for the State's resource allocation decisions.
    (d) Specific activities. The first year of the CVSP must have a
narrative section that includes a description of how the CVSP supports:
    (1) Activities aimed at removing impaired CMV drivers from the
highways through adequate enforcement of restrictions on the use of
alcohol and controlled substances and by ensuring ready roadside access
to alcohol detection and measuring equipment;
    (2) Activities aimed at providing an appropriate level of training
to MCSAP personnel to recognize drivers impaired by alcohol or
controlled substances;
    (3) Criminal interdiction activities and appropriate strategies for
carrying out those interdiction activities, including human
trafficking, and interdiction activities affecting the transportation
of controlled substances by any occupant of a CMV; and
    (4) Activities to enforce registration requirements and to
cooperate in the enforcement of financial responsibility requirements
under Sec.  392.9a and part 387 of this subchapter.
    (e) Performance objectives. The first year of the CVSP must include
performance objectives, strategies, and activities stated in
quantifiable terms, that are to be achieved through the CVSP.
    (f) Monitoring. The first year of the CVSP must include a
description of the State's method for ongoing monitoring of the
progress of the CVSP.
    (g) Budget. The first year of the CVSP must include a budget for
that year that describes the expenditures for allocable costs, such as
personnel and related costs, equipment purchases, printing, information
systems costs, and other eligible costs consistent with Sec.  350.229.
    (h) List of MCSAP contacts. The first year of the CVSP must include
a list of MCSAP contacts.
    (i) Certification. (1) For the first year of the CVSP, the Lead
State Agency must certify that it has:
    (i) Met all the MCSAP conditions in Sec.  350.207; and
    (ii) Completed the annual review required by Sec.  350.303 and
determined that the State maintains required compatibility.
    (2) If a State CMV safety law or regulation, standard, or order is
no longer compatible, the certifying official must explain the State's
plan to address the discrepancy.
    (3) A certification under this paragraph must reflect that the
certifying official has authority to make the certification on behalf
of the State.
    (j) New or amended laws. For the first year of the CVSP, the Lead
State Agency must submit to FMCSA a copy of any new or amended law or
regulation affecting CMV safety that was enacted by the State since the
last CVSP or annual update was submitted.
    (k) Further submissions. For the first year of the CVSP, the Lead
State Agency must also submit other information required, as described
in the MCSAP application memorandum for that fiscal year.

Sec.  350.213  What must a State include for the second and third years
of the CVSP?

    (a) General. For the second and third years of the CVSP, a State
must submit an annual update that complies with the MCSAP application
memorandum and, at a minimum, must include program goals,
certifications, other information revised since the prior year's CVSP,
and the items listed in paragraphs (b) to (g) of this section.
    (b) Budget. For the second and third years of the CVSP, the Lead
State Agency must include a budget that supports the applicable fiscal
year of the CVSP and describes the expenditures for allocable costs,
such as personnel and related costs, equipment purchases, printing,
information systems costs, and other eligible costs consistent with
Sec.  350.229.
    (c) Resource allocation. For the second and third years of the
CVSP, the Lead State Agency must explain the rationale for the State's
resource allocation decisions.
    (d) List of MCSAP contacts. For the second and third years of the
CVSP, the Lead State Agency must include a list of MCSAP contacts.
    (e) Certification. (1) For the second and third years of the CVSP,
the Lead State Agency must certify that it has:
    (i) Met all the MCSAP conditions in Sec.  350.207; and
    (ii) Completed the annual review required by Sec.  350.303 and
determined that State CMV safety laws and regulations, standards, and
orders are compatible.
    (2) If a State CMV safety law or regulation, standard, or order is
no longer compatible, the certifying official must explain the State's
plan to address the discrepancy.
    (3) A certification under this paragraph must reflect that the
certifying official has authority to make the certification on behalf
of the State.
    (f) New or amended laws. For the second and third years of the
CVSP, the Lead State Agency must submit to FMCSA a copy of any new or
amended law or regulation affecting CMV safety that the State enacted
since the last CVSP or annual update was submitted.
    (g) Further submissions. For the second and third years of the
CVSP, the Lead State Agency must submit other information required, as
described in the MCSAP application memorandum for that fiscal year.

Sec.  350.215  What response does a State receive to its CVSP or annual
update?

    (a) First year of the CVSP. (1) FMCSA will notify the Lead State
Agency within 30 days after FMCSA begins its review of a State's first
year of the CVSP, including the budget, whether FMCSA:
    (i) Approves the CVSP; or
    (ii) Withholds approval because the CVSP:
    (A) Does not meet the requirements of this part; or
    (B) Is not adequate to ensure effective enforcement of compatible
safety laws and regulations, standards, and orders.
    (2) If FMCSA withholds approval of the CVSP, FMCSA will give the
Lead State Agency a written explanation of the reasons for withholding
approval and allow the Lead State Agency to modify and resubmit the
CVSP for approval.
    (3) The Lead State Agency has 30 days from the date of the notice
under paragraph (a)(2) of this section to modify and resubmit the CVSP.
    (4) Failure to resubmit the modified CVSP may delay funding or
jeopardize MCSAP eligibility.
    (5) Final disapproval of a resubmitted CVSP will result in
disqualification for MCSAP funding for that fiscal year.
    (b) Annual update for the second or third year of the CVSP. (1)
FMCSA will notify the Lead State Agency within 30 days after FMCSA
begins its review of the State's annual update, including the budget,
whether FMCSA:
    (i) Approves the annual update; or
    (ii) Withholds approval.
    (2) If FMCSA withholds approval of the annual update, FMCSA will
give the Lead State Agency a written explanation

of the reasons for withholding approval and allow the Lead State Agency
to modify and resubmit the annual update for approval.
    (3) The Lead State Agency will have 30 days from the date of the
notice under paragraph (b)(2) of this section to modify and resubmit
the annual update.
    (4) Failure to resubmit the modified annual update may delay
funding or jeopardize MCSAP eligibility.
    (5) Final disapproval of a resubmitted annual update will result in
disqualification for MCSAP funding for that fiscal year.
    (c) Judicial review. Any State aggrieved by an adverse decision
under this section may seek judicial review under 5 U.S.C. chapter 7.

Sec.  350.217  How are MCSAP funds allocated?

    (a) General. Subject to the availability of funding, FMCSA must
allocate MCSAP funds to grantees with approved CVSPs in accordance with
this section.
    (b) Territories--excluding Puerto Rico. (1) Not more than 0.49
percent of the MCSAP funds may be allocated in accordance with this
paragraph among the Territories of American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the Virgin Islands.
    (2) Half of the MCSAP funds available under paragraph (b)(1) of
this section will be divided equally among the Territories.
    (3) The remaining MCSAP funds available under paragraph (b)(1) will
be allocated among the Territories in a manner proportional to the
Territories' populations, as reflected in the decennial census issued
by the U.S. Census Bureau.
    (4) The amounts calculated under paragraphs (b)(2) and (b)(3) of
this section will be totaled for each Territory.
    (5) The amounts calculated under paragraph (b)(4) of this section
will be adjusted proportionally, based on population, to ensure that
each Territory receives at least $350,000.
    (c) Border States. (1) Not more than 11 percent of the MCSAP funds
may be allocated in accordance with this paragraph among border States
that maintain a border enforcement program.
    (2) The shares for each border State will be calculated based on
the number of CMV crossings at each United States port of entry, as
determined by Bureau of Transportation Statistics, with each border
State receiving:
    (i) 1 share per 25,000 annual CMV crossings at each United States
port of entry on the Mexican border, with a minimum of 8 shares for
each port of entry; or
    (ii) 1 share per 200,000 annual CMV crossings at each United States
port of entry on the Canadian border, with a minimum of 0.25 share for
each port of entry with more than 1,000 annual CMV crossings.
    (3) The shares of all border States calculated under paragraph
(c)(2) of this section will be totaled.
    (4) Each individual border State's shares calculated under
paragraph (c)(2) of this section will be divided by the total shares
calculated in paragraph (c)(3) of this section.
    (5) The percentages calculated in paragraph (c)(4) of this section
will be adjusted proportionally to ensure that each border State
receives at least 0.075 percent but no more than 55 percent of the
total border allocation available under paragraph (c)(1) of this
section.
    (6) Each border State's percentage calculated in paragraph (c)(5)
of this section will be multiplied by the total border allocation
available under this paragraph to determine the dollar amount of the
border State's allocation.
    (7) To maintain eligibility for an allocation under this paragraph,
a border State must maintain a border enforcement program, but may
expend more or less than the amounts allocated under this paragraph for
border activities. Failure to maintain a border enforcement program
will result in forfeiture of all funds allocated under this paragraph,
but will not affect the border State's allocation under paragraph (d)
of this section.
    (8) Allocations made under this paragraph are in addition to
allocations made under paragraph (d) of this section.
    (d) States. (1)(i) At least 88.51 percent of the MCSAP funds must
be allocated in accordance with this paragraph among the eligible
States, including Puerto Rico, but excluding American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
Islands.
    (ii) The amounts made available under paragraphs (b) and (c) of
this section that are not allocated under those paragraphs must be
added to the total amount to be allocated in accordance with this
paragraph.
    (iii) In the case of reallocation of funds under paragraph (c) of
this section by a border State that no longer maintains a border
enforcement program, no portion of the reallocated funds will be
allocated to that border State.
    (2) The amount available under paragraph (d)(1) of this section
must be calculated based on each State's percentage of the national
total for each of the following equally-weighted factors:
    (i) National Highway System Road Length Miles, as reported by the
Federal Highway Administration (FHWA);
    (ii) All Vehicle Miles Traveled, as reported by the FHWA;
    (iii) Population (annual census estimates), as issued by the U.S.
Census Bureau;
    (iv) Special Fuel Consumption, as reported by the FHWA; and
    (v) Carrier Registrations, as determined by FMCSA, based on the
physical State of the carrier, and calculated as the sum of interstate
carriers and intrastate hazardous materials carriers.
    (3) Each State's percentages calculated in paragraph (d)(2) of this
section will be averaged.
    (4) The percentage calculated in paragraph (d)(3) of this section
will be adjusted proportionally to ensure that each State receives at
least 0.44 percent but no more than 4.944 percent of the MCSAP funds
available under paragraph (d)(1) of this section.
    (5) Each State's percentage will be multiplied by the total MCSAP
funds available under this paragraph to determine the dollar amount of
the State's allocation.
    (e) Hold-harmless and cap. (1) The dollar amounts calculated under
paragraphs (c)(6) and (d)(5) of this section will be totaled and then
divided by the total MCSAP funds to determine a State's percentage of
the total MCSAP funds.
    (2) Each State's total percentage of its MCSAP funding in the
fiscal year immediately prior to the year for which funding is being
allocated will be determined by dividing the State's dollar allocation
by the overall MCSAP funding in that prior year.
    (3) Proportional adjustments will be made to ensure that each
State's percentage of MCSAP funds as calculated under subparagraph (1)
of this paragraph will be no less than 97 percent or more than 105
percent of the State's percentage of MCSAP funds allocated for the
prior fiscal year.
    (f) Withholding. (1) Allocations made under this section are
subject to withholdings under Sec.  350.231(d).
    (2) Minimum or maximum allocations described in paragraphs (b),
(c), and (d) of this section are to be applied prior to any reduction
under Sec.  350.231(d).
    (3) State MCSAP funds affected by Sec.  350.231(d) will be
allocated to the unaffected States in accordance with paragraph (d) of
this section.
    (4) Paragraph (e) of this section does not apply after any
reduction under Sec.  350.231(d).

Sec.  350.219  How are MCSAP funds awarded under a continuing
resolution appropriations act or an extension of FMCSA's authorization?

    In the event of a continuing resolution appropriations act or an
extension of FMCSA's authorization, subject to the availability of
funding, FMCSA may first issue grants to States that have the lowest
percent of undelivered obligations of the previous Federal fiscal
year's funding, or as otherwise determined by the Administrator.

Sec.  350.221  How long are MCSAP funds available to a State?

    MCSAP funds obligated to a State will remain available for the
Federal fiscal year that the funds are obligated and the next full
Federal fiscal year.

Sec.  350.223  What are the Federal and State shares of costs incurred
under MCSAP?

    (a) Federal share. FMCSA will reimburse at least 85 percent of the
eligible costs incurred under MCSAP.
    (b) Match. (1) In-kind contributions are acceptable in meeting a
State's matching share under MCSAP if they represent eligible costs, as
established by 2 CFR parts 200 and 1201 and FMCSA policy.
    (2) States may use amounts generated under the Unified Carrier
Registration Agreement as part of the State's match required for MCSAP,
provided the amounts are not applied to the MOE required under Sec.
350.225 and are spent on eligible costs, as established by 2 CFR parts
200 and 1201 and FMCSA policy.
    (c) Waiver. (1) The Administrator waives the requirement for the
matching share under MCSAP for American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands.
    (2) The Administrator reserves the right to reduce or waive the
matching share under MCSAP for other States in any fiscal year:
    (i) As announced in the MCSAP application memorandum; or
    (ii) As determined by the Administrator on a case-by-case basis.

Sec.  350.225  What MOE must a State maintain to qualify for MCSAP
funds?

    (a) General. Subject to paragraph (e) of this section, a State must
maintain an MOE each fiscal year equal to the average aggregate
expenditure of the Lead State Agency for CMV safety programs eligible
for funding under this part at a level at least equal to:
    (1) The average level of that expenditure for the base period of
fiscal years 2004 and 2005; or
    (2) The level of expenditure in fiscal year 2020, as adjusted under
section 5107 of the Fixing America's Surface Transportation (FAST) Act
(Pub. L. 114-94, 129 Stat. 1312, 1532-1534 (2015)).
    (b) Calculation. In determining a State's MOE, FMCSA:
    (1) May allow the State to exclude State expenditures for
Federally-sponsored demonstration and pilot CMV safety programs and
strike forces;
    (2) May allow the State to exclude expenditures for activities
related to border enforcement and new entrant safety audits;
    (3) May allow the State to use amounts generated under the Unified
Carrier Registration Agreement, provided the amounts are not applied to
the match required under Sec.  350.223;
    (4) Requires the State to exclude Federal funds; and
    (5) Requires the State to exclude State matching funds.
    (c) Costs. (1) A State must include all eligible costs associated
with activities performed during the base period by the Lead State
Agency that receives funds under this part.
    (2) A State must include only those activities that meet the
current requirements for funding eligibility under the grant program.
    (d) Waivers and modifications. (1) If a State requests, FMCSA may
waive or modify the State's obligation to meet its MOE for a fiscal
year if FMCSA determines that the waiver or modification is reasonable,
based on circumstances described by the State.
    (2) Requests to waive or modify the State's obligation to meet its
MOE must be submitted to FMCSA in writing.
    (3) FMCSA will review the request and provide a response as soon as
practicable, but no later than 120 days following receipt of the
request.
    (e) Permanent adjustment. After Federal fiscal year 2020, at the
request of a State, FMCSA may make a permanent adjustment to reduce the
State's MOE only if a State has new information unavailable to it
during Federal fiscal year 2020.

Sec.  350.227   What activities are eligible for reimbursement under
MCSAP?

    (a) General. The primary activities eligible for reimbursement
under MCSAP are:
    (1) Activities that support the national program elements listed in
Sec.  350.203; and
    (2) Sanitary food transportation inspections performed under 49
U.S.C. 5701.
    (b) Additional activities. If part of the approved CVSP and
accompanied by an appropriate North American Standard Inspection and
inspection report, additional activities eligible for reimbursement
are:
    (1) Enforcement of CMV size and weight limitations at locations,
other than fixed-weight facilities, where the weight of a CMV can
significantly affect the safe operation of the vehicle, such as near
steep grades or mountainous terrains, or at ports where intermodal
shipping containers enter and leave the United States; and
    (2) Detection of, and enforcement activities taken as a result of,
criminal activity involving a CMV or any occupant of the vehicle,
including the trafficking of human beings.
    (c) Traffic enforcement. Documented enforcement of State traffic
laws and regulations designed to promote the safe operation of CMVs,
including documented enforcement of such laws and regulations relating
to non-CMVs when necessary to promote the safe operation of CMVs, are
eligible for reimbursement under MCSAP if:
    (1) The number of motor carrier safety activities, including safety
inspections, is maintained at a level at least equal to the average
level of such activities conducted in the State in fiscal years 2004
and 2005; and
    (2) The State does not use more than 10 percent of its MCSAP funds
for enforcement activities relating to non-CMVs necessary to promote
the safe operation of CMVs, unless the Administrator determines that a
higher percentage will result in significant increases in CMV safety.

Sec.  350.229   What specific costs are eligible for reimbursement
under MCSAP?

    (a) General. FMCSA must establish criteria for activities eligible
for reimbursement and publish those criteria in policy or the MCSAP
application memorandum before the MCSAP application period.
    (b) Costs eligible for reimbursement. All costs relating to
activities eligible for reimbursement must be necessary, reasonable,
allocable, and allowable under this subpart and 2 CFR parts 200 and
1201. The eligibility of specific costs for reimbursement is addressed
in the MCSAP application memorandum and is subject to review and
approval by FMCSA.
    (c) Ineligible costs. MCSAP funds may not be used for the:
    (1) Acquisition of real property or buildings; or
    (2) Development, implementation, or maintenance of a State registry
of medical examiners.

Sec.  350.231   What are the consequences for failure to meet MCSAP
conditions?

    (a) General. (1) If a State is not performing according to an
approved CVSP or not adequately meeting the

conditions set forth in Sec.  350.207, the Administrator may issue a
written notice of proposed determination of nonconformity to the chief
executive of the State or the official designated in the CVSP.
    (2) The notice will set forth the reasons for the proposed
determination.
    (b) Response. The State has 30 days from the date of the notice to
reply. The reply must address the discrepancy cited in the notice and
must provide documentation as requested.
    (c) Final Agency decision. (1) After considering the State's reply,
the Administrator makes a final decision.
    (2) In the event the State fails to timely reply to a notice of
proposed determination of nonconformity, the notice becomes the
Administrator's final determination of nonconformity.
    (d) Consequences. Any adverse decision will result in FMCSA:
    (1) Withdrawing approval of the CVSP and withholding all MCSAP
funds to the State; or
    (2) Finding the State in noncompliance in lieu of withdrawing
approval of the CVSP and withholding:
    (i) Up to 5 percent of MCSAP funds during the fiscal year that
FMCSA notifies the State of its noncompliance;
    (ii) Up to 10 percent of MCSAP funds for the first full fiscal year
of noncompliance;
    (iii) Up to 25 percent of MCSAP funds for the second full fiscal
year of noncompliance; and
    (iv) Up to 50 percent of MCSAP funds for the third and any
subsequent full fiscal year of noncompliance.
    (e) Judicial review. Any State aggrieved by an adverse decision
under this section may seek judicial review under 5 U.S.C. chapter 7.

Subpart C--MCSAP Required Compatibility Review

Sec.  350.301   What is the purpose of this subpart?

    The purpose of this subpart is to assist States receiving MCSAP
funds to address compatibility, including the availability of variances
or exemptions allowed under Sec.  350.305 or Sec.  350.307, to:
    (a) Promote adoption and enforcement of compatible safety laws and
regulations, standards, and orders;
    (b) Provide for a continuous review of safety laws and regulations,
standards, and orders;
    (c) Establish deadlines for States to achieve compatibility; and
    (d) Provide States with a process for requesting exemptions for
intrastate commerce.

Sec.  350.303   How does a State ensure compatibility?

    (a) General. The Lead State Agency is responsible for reviewing and
analyzing State safety laws and regulations, standards, and orders to
ensure compatibility.
    (b) Compatibility deadline. As soon as practicable, but no later
than 3 years after the effective date of any new addition or amendment
to the FMCSRs or HMRs, the State must amend its laws and regulations,
standards, and orders to ensure compatibility.
    (c) State adoption of CMV law or regulation. A State must submit to
FMCSA a copy of any new or amended State safety law and regulation,
standard, and order relating to CMV safety immediately after its
enactment or issuance and with the State's next annual compatibility
review.
    (d) Annual State compatibility review. (1) A State must conduct a
review of its laws and regulations, standards, and orders relating to
CMV safety, including those of its political subdivisions, for
compatibility and report in the CVSP, or annual update, as part of its
application for funding under Sec.  350.209 each fiscal year.
    (2)(i) The State must demonstrate whether its laws and regulations,
standards, and orders relating to CMV safety are identical to or have
the same effect as a corresponding provision of the FMCSRs, are in
addition to or more stringent than provisions of the FMCSRs, or are
less stringent than a corresponding provision of the FMCSRs.
    (ii) If a State's law or regulation, standard, or order relating to
CMV safety is identical to or has the same effect as the corresponding
provision of the FMCSRs, the State provision is enforceable.
    (iii) If a State's law or regulation, standard, or order relating
to CMV safety is in addition to or more stringent than the provisions
of the FMCSRs, in order to be enforceable, the State must demonstrate
that:
    (A) The State provision has a safety benefit;
    (B) It is compatible with the FMCSRs; and
    (C) Enforcement would not cause an unreasonable burden on
interstate commerce.
    (iv) If a State's law or regulation, standard, or order relating to
CMV safety is less stringent than the FMCSRs, it is not enforceable,
unless it falls within the provisions of Sec. Sec.  350.305 or 350.307.
    (3) The State must demonstrate that its laws and regulations,
standards, and orders relating to CMV safety applicable to both
interstate and intrastate commerce are identical to the corresponding
provision of the HMRs.
    (4) The State's laws and regulations, standards, and orders
relating to CMV safety reviewed for the commercial driver's license
compliance report are excluded from the compatibility review.
    (5) Definitions of words or terms in a State's laws and
regulations, standards, and orders relating to CMV safety must be
compatible with those in the FMCSRs and HMRs.
    (e) Reporting to FMCSA. (1) The reporting required by paragraph (d)
of this section, to be submitted with the CVSP or annual update, must
include:
    (i) A copy of any State law or regulation, standard, or order
relating to CMV safety that was adopted or amended since the State's
last report; and
    (ii) A certification that states the annual review was performed
and State laws and regulations, standards, and orders relating to CMV
safety remain compatible, and that provides the name of the individual
responsible for the annual review.
    (2) If State laws and regulations, standards, and orders relating
to CMV safety are no longer compatible, the certifying official must
explain the State's plan to correct the discrepancy.
    (f) FMCSA response. Not later than 10 days after FMCSA determines
that a State law or regulation, standard, or order may not be enforced,
FMCSA must give written notice of the decision to the State.
    (g) Waiver of determination. (1) A State or any person may petition
the Administrator for a waiver of a decision by the Administrator that
a State law or regulation, standard, or order may not be enforced.
    (2) Before deciding whether to grant or deny a waiver under this
paragraph, the Administrator shall give the petitioner an opportunity
for a hearing on the record.
    (3) If the State or person demonstrates to the satisfaction of the
Administrator that the waiver is consistent with the public interest
and the safe operation of CMVs, the Administrator shall grant the
waiver as expeditiously as practicable.

Sec.  350.305   What specific variances from the FMCSRs are allowed for
State laws and regulations and not subject to Federal jurisdiction?

    (a) General. (1) Except as otherwise provided in this section, a
State may exempt a CMV from all or part of its laws or regulations
applicable to intrastate commerce, if the gross vehicle weight rating,
gross combination weight rating, gross vehicle weight, or gross
combination weight does not equal or

exceed 11,801 kilograms (26,001 pounds).
    (2) A State may not exempt a CMV from laws or regulations under
paragraph (a)(1) of this section if the vehicle:
    (i) Transports hazardous materials requiring a placard; or
    (ii) Is designed or used to transport 16 or more people, including
the driver.
    (b) Non-permissible exemptions--Type of business operation. (1)
Subject to paragraph (b)(2) of this section and Sec.  350.307, State
laws and regulations applicable to intrastate commerce may not grant
exemptions based on the type of transportation being performed (e.g.,
for-hire carrier, private carrier).
    (2) A State may retain those exemptions from its motor carrier
safety laws and regulations that were in effect before April 1988, are
still in effect, and apply to specific industries operating in
intrastate commerce, provided the scope of the original exemption has
not been amended.
    (c) Non-permissible exemptions--Distance. (1) Subject to paragraph
(c)(2) of this section, State laws and regulations applicable to
intrastate commerce must not include exemptions based on the distance a
motor carrier or driver operates from the work reporting location.
    (2) Paragraph (c)(1) of this section does not apply to distance
exemptions contained in the FMCSRs.
    (d) Hours of service. State hours-of-service limitations applied to
intrastate transportation may vary to the extent that they allow:
    (1) A 12-hour driving limit, provided that a driver of a CMV is not
permitted to drive after having been on duty more than 16 hours;
    (2) Driving prohibitions for drivers who have been on duty 70 hours
in 7 consecutive days or 80 hours in 8 consecutive days; or
    (3) Extending the 100-air mile radius under Sec.  395.1(e)(1)(i) to
a 150-air mile radius.
    (e) Age of CMV driver. All intrastate CMV drivers must be at least
18 years of age.
    (f) Driver physical conditions. (1) Intrastate drivers who do not
meet the physical qualification standards in Sec.  391.41 of this
chapter may continue to be qualified to operate a CMV in intrastate
commerce if:
    (i) The driver was qualified under existing State law or regulation
at the time the State adopted physical qualification standards
consistent with the Federal standards in Sec.  391.41 of this chapter;
    (ii) The otherwise non-qualifying medical or physical condition has
not substantially worsened; and
    (iii) No other non-qualifying medical or physical condition has
developed.
    (2) The State may adopt or continue programs granting variances to
intrastate drivers with medical or physical conditions that would
otherwise be non-qualifying under the State's equivalent of Sec.
391.41 of this chapter if the variances are based on sound medical
judgment combined with appropriate performance standards ensuring no
adverse effect on safety.
    (3) A State that has in effect physical qualification standards or
variances continued in effect or adopted by the State under this
paragraph for drivers operating CMVs in intrastate commerce has the
option not to adopt laws and regulations that establish a separate
registry of medical examiners trained and qualified to apply such
physical qualification standards or variances.
    (g) Additional variances. A State may apply to the Administrator
for a variance from the FMCSRs not otherwise covered by this section
for intrastate commerce. The variance will be granted only if the State
satisfactorily demonstrates that the State safety law or regulation,
standard, or order:
    (1) Achieves substantially the same purpose as the similar Federal
regulation;
    (2) Does not apply to interstate commerce; and
    (3) Is not likely to have an adverse impact on safety.

Sec.  350.307   How may a State obtain a new exemption for State laws
and regulations for a specific industry involved in intrastate
commerce?

    FMCSA will only consider a State's request to exempt a specific
industry from all or part of a State's laws or regulations applicable
to intrastate commerce if the State submits adequate documentation
containing information allowing FMCSA to evaluate:
    (a) The type and scope of the industry exemption request, including
the percentage of the industry it affects, number of vehicles, mileage
traveled, and number of companies it involves;
    (b) The type and scope of the requirement to which the exemption
would apply;
    (c) The safety performance of that specific industry (e.g., crash
frequency, rates, and comparative figures);
    (d) Inspection information (e.g., number of violations per
inspection, and driver and vehicle out-of-service information);
    (e) Other CMV safety regulations that other State agencies not
participating in MCSAP enforce;
    (f) The commodity the industry transports (e.g., livestock or
grain);
    (g) Similar exemptions granted and the circumstances under which
they were granted;
    (h) The justification for the exemption; and
    (i) Any identifiable effects on safety.

Sec.  350.309   What are the consequences if a State has provisions
that are not compatible?

    (a) General. To remain eligible for MCSAP funding, a State may not
have in effect or enforce any State law or regulation, standard, or
order relating to CMV safety in commerce that the Administrator finds
not to be compatible.
    (b) Process. FMCSA may initiate a proceeding to withdraw the
current CVSP approval or withhold MCSAP funds in accordance with Sec.
350.231:
    (1) If a State enacts a law or regulation, standard, or order
relating to CMV safety that is not compatible;
    (2) If a State fails to adopt a new or amended FMCSR or HMR within
3 years of its effective date; or
    (3) If FMCSA finds, based on its own initiative or on a petition of
a State or any person, that a State law, regulation, or enforcement
practice relating to CMV safety, in either interstate or intrastate
commerce, is not compatible.
    (c) Hazardous materials. Any decision regarding the compatibility
of a State law or regulation, standard, or order relating to CMV safety
with the HMRs that requires an interpretation will be referred to the
Pipeline and Hazardous Materials Safety Administration of the United
States Department of Transportation for interpretation before
proceeding under Sec.  350.231.

Subpart D--High Priority Program

Sec.  350.401   What is the High Priority Program?

    The High Priority Program is a competitive financial assistance
program available to States, local governments, Federally-recognized
Indian tribes, other political jurisdictions, and other persons to
carry out high priority activities and projects that augment motor
carrier safety activities and projects. The High Priority Program also
promotes the deployment and use of innovative technology by States for
CMV information systems and networks. Under this program, the
Administrator may make competitive grants to and enter into cooperative
agreements with eligible entities to carry out high priority activities
and projects that augment motor carrier safety activities and projects.
The Administrator also may award grants to

States for projects planned in accordance with the Innovative
Technology Deployment Program.

Sec.  350.403   What are the High Priority Program objectives?

    FMCSA may use the High Priority Program funds to support, enrich,
or evaluate CMV safety programs and to:
    (a) Target unsafe driving of CMVs and non-CMVs in areas identified
as high-risk crash corridors;
    (b) Improve the safe and secure movement of hazardous materials;
    (c) Improve safe transportation of goods and passengers in foreign
commerce;
    (d) Demonstrate new technologies to improve CMV safety;
    (e) Support participation in PRISM and safety data improvement
projects by Lead State Agencies:
    (1) Before October 1, 2020, to achieve full participation in PRISM;
and
    (2) Beginning on October 1, 2020, or once full participation in
PRISM is achieved, whichever is sooner, to conduct special initiatives
or projects that exceed routine operations for participation;
    (f) Support participation in PRISM and safety data improvement
projects by entities other than Lead State Agencies;
    (g) Support safety data improvement projects conducted by:
    (1) Lead State Agencies for projects that exceed MCSAP safety data
requirements; or
    (2) Entities other than Lead State Agencies for projects that meet
or exceed MCSAP safety data requirements;
    (h) Advance the technological capability and promote the Innovative
Technology Deployment of intelligent transportation system applications
for CMV operations;
    (i) Increase public awareness and education on CMV safety; and
    (j) Otherwise improve CMV safety.

Sec.  350.405   What conditions must an applicant meet to qualify for
High Priority Program funds?

    (a) States. To qualify for High Priority Program funds, a State
must:
    (1) Participate in MCSAP under subpart B of this part; and
    (2) Prepare a proposal that is responsive to the High Priority
Program Notice of Funding Opportunity (NOFO).
    (b) Other applicants. To qualify for High Priority Program funds,
applicants other than States must, to the extent applicable:
    (1) Prepare a proposal that is responsive to the NOFO;
    (2) Except for Federally-recognized Indian tribes, coordinate the
proposal with the Lead State Agency to ensure the proposal is
consistent with State and national CMV safety program priorities;
    (3) Certify that the applicant has the legal authority, resources,
and trained and qualified personnel necessary to perform the functions
specified in the proposal;
    (4) Designate an individual who will be responsible for
implementation, reporting, and administering the approved proposal and
who will be the primary contact for the project;
    (5) Agree to prepare and submit all reports required in connection
with the proposal or other conditions of the grant or cooperative
agreement;
    (6) Agree to use the forms and reporting criteria required by the
Lead State Agency or FMCSA to record work activities to be performed
under the proposal;
    (7) Certify that a political jurisdiction will impose sanctions for
violations of CMV and driver laws and regulations that are consistent
with those of the State; and
    (8) Certify participation in national databases appropriate to the
project.

Sec.  350.407   How and when does an eligible entity apply for High
Priority Program funds?

    FMCSA publishes application instructions and criteria for eligible
activities to be funded under this subpart in a NOFO at least 30 days
before the financial assistance program application period closes.

Sec.  350.409   What response will an applicant receive under the High
Priority Program?

    (a) Approval. If FMCSA awards a grant or cooperative agreement, the
applicant will receive a grant agreement to execute.
    (b) Denial. If FMCSA denies the grant or cooperative agreement, the
applicant will receive a notice of denial.

Sec.  350.411   How long are High Priority Program funds available to a
recipient?

    (a) General. High Priority Program funds related to motor carrier
safety activities under Sec.  350.403 paragraphs (a) through (g), (i),
and (j) obligated to a recipient are available for the rest of the
fiscal year that the funds are obligated and the next 2 full fiscal
years.
    (b) Innovative Technology Deployment. High Priority Program funds
for Innovative Technology Deployment activities under Sec.  350.403(h)
obligated to a State are available for the rest of the fiscal year that
the funds were obligated and the next 4 full fiscal years.

Sec.  350.413   What are the Federal and recipient shares of costs
incurred under the High Priority Program?

    (a) Federal share. FMCSA will reimburse at least 85 percent of the
eligible costs incurred under the High Priority Program.
    (b) Match. In-kind contributions are acceptable in meeting the
recipient's matching share under the High Priority Program if they
represent eligible costs, as established by 2 CFR parts 200 and 1201
and FMCSA policy.
    (c) Waiver. The Administrator reserves the right to reduce or waive
the recipient's matching share in any fiscal year:
    (1) As announced in the NOFO; or
    (2) As determined by the Administrator on a case-by-case basis.

Sec.  350.415   What types of activities and projects are eligible for
reimbursement under the High Priority Program?

    Activities that fulfill the objectives in Sec.  350.403 are
eligible for reimbursement under the High Priority Program.

Sec.  350.417   What specific costs are eligible for reimbursement
under the High Priority Program?

    (a) Costs eligible for reimbursement. All costs relating to
activities eligible for reimbursement must be necessary, reasonable,
allocable, and allowable under this subpart and 2 CFR parts 200 and
1201. The eligibility of specific costs for reimbursement is addressed
in the NOFO and is subject to review and approval by FMCSA
    (b) Ineligible costs. High Priority Program funds may not be used
for the:
    (1) Acquisition of real property or buildings; or
    (2) Development, implementation, or maintenance of a State registry
of medical examiners.

PART 355--[Removed and Reserved]

0
2. Under the authority of 49 U.S.C. 504 and 31101 et seq., remove and
reserve part 355, consisting of Sec. Sec.  355.1 through 355.25 and
appendix A to part 355.

PART 388--[Removed and Reserved]

0
3. Under the authority of 49 U.S.C. 113 and 502, remove and reserve
part 388, consisting of Sec. Sec.  388.1 through 388.8.

    Issued under authority delegated in 49 CFR 1.87.

    Dated: August 12, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-17763 Filed 8-21-19; 8:45 am]
 BILLING CODE 4910-EX-P


Addendum to Drinking Water Criteria Document for Monochloroacetic Acid and Trichloroacetic Acid EPA/ OW/ OST/ HECD II 1 Draft, do not cite or quote Chapter II. Physical and Chemical Properties Available data on the physical and chemical properties of monochloroacetic acid ( MCA)

and trichloroacetic acid ( TCA) are summarized in Table II 1, and the structural formulas are provided in Figure II 1. The data contained in Table II 1 apply to the pure form of the selected chemicals. These chemicals usually exist in the environment in an aqueously dissolved form.

Table II 1. Physical and Chemical Properties of Chlorinated Acetic Acids1.

Property Monochloroacetic acid ( MCA) Trichloroacetic acid ( TCA)

CAS Registry No. 79 11 8 76 03 9 Formula ClCH 2 COOH Cl 3 CCOOH Molecular weight 94.50 163.39 Appearance/ color/ form White hygroscopic monoclinic crystals White hygroscopic rhombohedral crystals Odor penetrating, pungent,

( similar to vinegar) sharp, pungent Density ( g/ mL) 1.40 1.60 1.60 1.63 Melting point (

C) 52.5 58.0 Boiling point (

C) 187.8 197.5 Octanol water partition coefficient ( log P) 0.22 1.33 1.7 Vapor Pressure ( mmHg) at 25

C 0.065 0.16 ( 1.0 at 51

C)

( pK a) at 25

C 2.866 0.512 0.70 Henry's Law constant ( atm m3/ mole)

at 25

C nd2 1.35 x 10 8 Solubility:

Water Alcohol Ether very soluble soluble soluble miscible miscible miscible Addendum to Drinking Water Criteria Document for Monochloroacetic Acid and Trichloroacetic Acid EPA/ OW/ OST/ HECD II 2 Draft, do not cite or quote Figure II 1. Chemical Structures of Monochloroacetic Acid and Trichloroacetic Acid TCA Cl C OH O Cl Cl C MCA Cl H H C C OH O 1. Adapted from U. S. EPA ( 1994), and HSDB ( 2001) 2. nd  no experimental data available