[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2979-2980]
[FR Doc No: 2022-00904]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0017]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 23 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before February 18, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0017 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0017, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, 20590-0001 between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0017), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2021-0017. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0017, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 23 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing
found in

Sec.  391.41(b)(11) states that a person is physically qualified to
drive a CMV if that person first perceives a forced whispered voice in
the better ear at not less than 5 feet with or without the use of a
hearing aid or, if tested by use of an audiometric device, does not
have an average hearing loss in the better ear greater than 40 decibels
at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when
the audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

Yunier Alegre

    Mr. Alegre, 33, holds a class E license in Florida.

Kenneth Alston

    Mr. Alston, 33, holds a class D license in New Jersey.

Charles Armand

    Mr. Armand, 39, holds a class A license in New Jersey.

Baldemar Barba

    Mr. Barba, 24, holds a class C license in Texas.

Gary Barber

    Mr. Barber, 70, holds a commercial driver's license in Wisconsin.

Desmond Dantzler

    Mr. Dantzler, 51, holds a class D license in Arizona.

Jeremy Descloux

    Mr. Descloux, 25, holds an operator's license in Washington.

Philip Fatigato

    Mr. Fatigato, 28, holds a class D license in Illinois.

William Hoke

    Mr. Hoke, 50, holds a class D license in New York.

Edward Larizza

    Mr. Larizza, 24, holds a class C license in California.

Kevin Maddox

    Mr. Maddox, 58, holds a class AM license in Georgia.

Bikien McKoy

    Mr. McKoy, 48, holds a class A license in North Carolina.

Rage Muse

    Mr. Muse, 33, holds a class A license in Minnesota.

Orlando Padilla

    Mr. Padilla, 47, holds a class E license in Florida.

Michael Paul

    Mr. Paul, 60, holds a class A license in Illinois.

Aaron Pitsker

    Mr. Pitsker, 31, holds a class CM license in California.

Michael Principe

    Mr. Principe, 33, holds a class C license in Texas.

William Rivas

    Mr. Rivas, 31, holds a class C license in California.

Kenneth Salts

    Mr. Salts, 45, holds a class D license in Ohio.

Issac Soto

    Mr. Soto, 32, holds a class D license in Illinois.

Gary Sturdevant

    Mr. Sturdevant, 43, holds a class CM license in Texas.

Richard Taulbee

    Mr. Taulbee, 40, holds a class C license in Georgia.

Matthew Taylor

    Mr. Taylor, 27, holds a class C license in Texas.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-00904 Filed 1-18-22; 8:45 am]
BILLING CODE 4910-EX-P


Comment Info: =================

General Comment:I used to smoke Kool cigarettes for 13 years, and had tried to quit countless times. The only device that has help me has been an e cigarette. Please allow everyone like me the same opportunity. Give an extension.


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Page 21433]
[FR Doc No: 2013-08430]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Advisory Committee on Small and Emerging
Companies will hold a public meeting on Wednesday, May 1, 2013, in
Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F
Street NE., Washington, DC. The meeting will begin at 9:30 a.m. (EDT)
and will be open to the public. Seating will be on a first-come, first-
served basis. Doors will open at 9:00 a.m. Visitors will be subject to
security checks. The meeting will be Webcast on the Commission's Web
site at www.sec.gov.
    On April 5, 2013 the Commission published notice of the Committee
meeting (Release No. 33-9399), indicating that the meeting is open to
the public and inviting the public to submit written comments to the
Committee. This Sunshine Act notice is being issued because a majority
of the Commission may attend the meeting.
    The agenda for the meeting includes consideration of
recommendations and other matters relating to rules and regulations
affecting small and emerging companies under the federal securities
laws. For further information, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 5, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-08430 Filed 4-8-13; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60494]
[DOCID:fr13oc06-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-445-016]

Alliance Pipeline L.P.; Notice of Negotiated Rates

October 5, 2006.
    Take notice that on October 2, 2006, Alliance Pipeline L.P.
(Alliance) tendered for filing to become part of its FERC Gas Tariff,
Original Volume No. 1, Eleventh Revised Sheet No. 11, to become
effective November 1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16976 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


MINEFILL REGULATORY CONCERNS April 9, 2002, Draft I. Ground water Monitoring: The owner/ operator is to monitor ground water on site to detect adverse impacts of ash placement on on site ground water such that the owner/ operator will have opportunity to intervene to avoid adverse impacts on off site users and uses of ground water, including users and uses of surface waters impacted by ground water. A. Well Design and Deployment: The purpose of monitoring wells is to allow the acquisition of ground water samples from which adverse impacts on ground water could be detected. Wells too few in number or which are located or screened in the wrong horizontal or vertical planes may fail to produce samples that adequately characterize impacts on ground water. Location is critical to the ability to detect effects of ash placement before the effects can spread widely, thereby adversely impacting current or future uses of the water resource. SMCRA APPROACH: Site specific through the permitting process. Design and deployment are not necessarily for detection of ash placement impacts; rather, focus is more broadly on impacts of ANY practices/ operations on the mine site. Regulations require a ground water monitoring plan based on the probable hydrologic consequences determination/ analysis. The regulations also provide that a permit cannot be issued until all hydrologic and geologic information is provided to the permitting agency. B. Parameters: Samples are to be analyzed for specific constituents which will detect and define adverse impacts on ground water and for which valid statistical comparisons can be made among well samples to detect adverse impacts. Of particular concern in defining and detecting adverse impacts are the 8 metals which define the RCRA toxicity characteristic ( arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver; Part 261.24). Additionally, boron is of concern because it is often associated with ash and can adversely impact water use. SMCRA APPROACH: Regulations require that the monitoring parameters be spelled out in the site specific monitoring plan. Regulations specify minimum parameters but don't identify levels of concern: total dissolved solids or specific conductance, pH, total iron, total manganese, and water levels and require the reporting of data every 3 months. C. Frequency: Samples are to be acquired and analyzed at a frequency which will provide early warning of adverse impacts on water use. Without regulation, samples may be obtained so infrequently as to allow adverse impacts to go undetected, thereby jeopardizing off site users/ uses. The owner/ operator may use ground water flow and attenuation studies to seek re definition of the sampling frequency. SMCRA APPROACH: Data are to be reported every 3 months. D. Duration: Samples are to be acquired and analyzed over the time period for which the effects on ground water from ash placement could be reasonably expected to be measured or observed; i. e., considering aquifer recharge times and rate of migration of ground water through and away from the placed ash. Where the owner/ operator can demonstrate that there is no longer a potential for adverse impacts from the placed ash, monitoring may cease. SMCRA APPROACH: Regulations provide for cessation of ground water monitoring at bond release, typically within a number of years following cessation of operations. The number of years in the east is 5 and in the west is 10. 2 II. Performance Standards: Regulations can require compliance with either specific operating practices or performance standards. Where operating practices ( which include practices for design and construction operations, as well as practices for operation of the facility) are specified, the owner/ operator is restricted to the specified practices. Where performance standards are specified, the owner/ operator has flexibility to use creative design, construction, and operational approaches and need only be concerned with compliance with the performance level specified. For minefill practices, the performance standard approach is preferred in order to allow increased flexibility. Performance standards are specified only for ground water impacts. SMCRA APPROACH: Regulations require permit to include a Hydrologic Reclamation Plan which must describe steps to be taken prior to bond release to " minimize disturbances" to the hydrologic balance within the permit area, prevent " material damage" outside the permit area, meet applicable Federal and State water quality laws and regulations, and " protect the rights" of present water users. Plan must specifically " address" any potential hydrologic adverse consequences and include preventive and remedial measures. Regulations are unclear as to the meaning of the terms " minimize disturbances," " material damage," " protect the rights," and " address." Should any monitoring sample indicate violation of permit conditions, the permittee must implement the steps identified in the Hydrologic Reclamation Plan. Regulations require replacement of water supplies where user obtains all or part of supply for domestic, agricultural, industrial or other use from a source where the supply has been adversely impacted by contamination, diminution, or interruption PROXIMATELY resulting from the surface mining activities. Terminology (" contamination" and " proximately resulting from") requires definition for complete understanding. A. Maximum Contaminant Levels ( MCLs): For the 8 RCRA " toxicity characteristic" metals listed in item I. B., above, the MCLs specified under the Safe Drinking Water Act serve as the ground water performance standard for mine placement of ash. The facility is to be operated so that it does not cause ground water quality to exceed the MCLs. The point at which compliance is demonstrated is to be on the facility property and a reasonable maximum distance from the ash placement boundary; i. e., no more than 150 meters. SMCRA APPROACH: Regulations do not identify the elements of a performance standard: parameters to be assessed, allowable concentration levels, and point of compliance. Key terms ( contamination, proximate resulting from, material damage, minimize disturbance, etc.) require definition. B. Non degradation: There are likely to be situations where the facility owner/ operator can demonstrate that ground water within 150 meters of the outermost boundary of placed ash or for potential placement of ash exceeds the MCLs solely for reasons other than impact of the ash; i. e., background levels attributable to prior mining activity or some up gradient phenomenon unrelated to ash placement. Where this situation exists, the measured high background levels would be an affirmative defense for measured exceedences of the MCL performance standards. In such cases the performance standard would be no degradation beyond the measured high background levels, rather than no exceedence of the MCLs. SMCRA APPROACH: Same comment as for MCLs in item A, above.

III. Prohibitions: Because of the permanent, irreversible nature of mine placement of ash, and the more fragile character of certain environments, specific prohibitions are appropriate to protect human health and the environment. 3 A. Aquifer Avoidance: Ash is not to be placed in direct contact with an aquifer unless the owner/ operator can demonstrate in advance that placement will have no adverse impact on ground water quality. As in 40 CFR Part 258, " aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs. SMCRA APPROACH: Under SMCRA, 30 CFR Part 700 defines " aquifer" as a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use. Regulations require that the permittee provide a Probable Hydrologic Consequences Determination ( PHC) which includes findings on: ( 1) whether adverse impacts may occur to the hydrologic balance; ( 2) whether acid or toxic forming materials are present that could contaminate surface or ground waters supplies; ( 3) whether the operation may proximately contaminate, diminish, or interrupt an underground or surface source of water within or adjacent to the permit area which is used for domestic, agricultural, industrial or other legitimate purpose; and ( 4) what impact the operation will have on sediment yields and various water quality parameters of local impact, flooding or streamflow alteration, ground water and surface water availability, and other characteristics as required by the regulatory authority. B. Unacceptable Ash Characteristics: Ash characteristics vary as a result of coal composition and combustion practices. Ash may demonstrate characteristics which indicate that they are not compatible with mine placement. When characterized by the method described below, ash which produces a leachate quality exceeding the MCLs identified in item I. B., above, is not to be placed in mines. 1. Method: To test ash for unacceptable characteristics, the ash is to be subjected to a 30 day leaching by water representative of the ground water to which the ash would be exposed at the mine. 2. Frequency: Ash received for mine placement shall be tested for unacceptable characteristics every 6 months and when the source of coal or combustor changes. SMCRA APPROACH: Regulations include special restrictions on handling of toxic forming and acidforming materials at mines; however, definitions of these terms are not specific, and no testing or characterization of material is required. Toxic forming materials means "... earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce... conditions in soils or water... detrimental to biota or uses of water." C. Location Restrictions: Due to their particular sensitivities, sites of specific characteristics are not amenable to the permanent and irreversible nature of ash placement and cannot be used for ash placement. 1. Flood plain: Because they are more prone to washout, areas within the 100 year flood plain are not appropriate for ash placement. Furthermore, placement in the 100 year flood plain could dangerously restrict the flow of waters at the 100 year or more frequent design level and/ or reduce the storage capacity of the flood plain so as to pose a hazard to human health or the environment. 2. Wetlands: Wetlands are sensitive areas of surface water which often serve as habitats of protected species. At mine sites ash is not to be placed in surface water or wetland in violation of State or federal law or in a manner that would jeopardize an endangered or threatened species or critical habitats or in a manner that would degrade wetlands. 3. Fault Areas: It is not possible to project how ash placed in a mine site 4 would react when subjected to major ground disturbances characterized by faults. Because of the potential for fault movements to expose ash to unanticipated forces ( e. g., surface water flows and washout) and subsequently jeopardize human health or the environment, ash is not to be placed within 60 meters of faults that have experienced displacement during the Holocene Epoch. 4. Seismic Impact Zones: Seismic movements can cause ash to unexpectedly contact surface or ground waters, with subsequent harm to human health or the environment. To help avoid this, ash is not to be placed in seismic impact zones. These are areas having a 10 percent or greater probability that the maximum expected horizontal acceleration in hard rock, expressed as a percentage of the earth's gravitation pull ( g), will exceed 0.10g in 250 years. 5. Unstable Areas: Placement of ash in unstable areas can cause unexpected exposure of ash to ground or surface waters, with subsequent harm to human health or the environment. To help avoid this, ash is not to be placed in unstable areas. Unstable areas are locations susceptible to natural or human induced events or forces capable of impairing the integrity of some or all of the natural or artificial components responsible for preventing releases from the ash placement. Unstable areas can include poor foundation conditions, locations near blasting events, areas susceptible to mass movements, and Karst terrains. 6. Proximity to Critical Receptors: Nearby users of surface and ground waters which could be adversely impacted by ash placement are of particular concern. In this context, the definition of the term " nearby" is variable and depends on hydrologic characteristics of the area and the dynamics of possibly multiple, human induced pumping cones. Owners/ operators of ash mine placement facilities are to conduct site specific hydrologic studies to demonstrate how the practice will avoid placing nearby users in jeopardy. SMCRA APPROACH: Of these sensitive locations, regulations address proximity to occupied dwellings and public buildings and impacts on fish and wildlife, including endangered and threatened species. Regulations require that the PHC assess impact of operations on flooding or streamflow alteration. PHC must also address whether acid or toxic forming materials are present that could contaminate surface or ground waters supplies and whether the operation may proximately contaminate, diminish, or interrupt an underground or surface source of water within or adjacent to the permit area which is used for domestic, agricultural, industrial or other legitimate purpose.

IV. Planning/ Permitting: Institutionalized processes need to be in place to provide protection of human health and the environment. A. Acid Base Balance: Where ash is placed for the purpose of providing a source of alkalinity to counteract a known acidic water environment, the owner/ operator is to calculate an acid base balance to demonstrate that, for the design life, the ash will provide adequate alkalinity to irreversibly achieve the intended acid mitigation. SMCRA APPROACH: Regulations do not require testing or characterization of ash. B. Deed Recordation: The owner/ operator is to ensure that official land records note the locations and dates for all ash placement on all portions of the property, particularly where the property may be subdivided for future use. SMCRA Approach: 5 No requirement for recordation. Regulations require restoration of all disturbed areas to conditions capable of supporting those uses which the land supported prior to mining or to higher or better uses. There are no apparent restrictions on post mining uses of land which would protect future users. C. Baseline Monitoring: Prior to placing ash at a mine site, ground water monitoring is to be conducted to establish " baseline" conditions for comparison with future monitoring data. This will aid in detection of any adverse impacts. SMCRA APPROACH: Regulations prohibit issuance of permit until baseline information is provided to characterize surface and ground water quality and flows and assesses likelihood of adverse impacts. Modeling may be included, but actual surface and ground water information may be required even where modeling is used.

V. Operational Requirements: With a preference for the flexibility afforded by performance standards, the only area of concern for operational requirements is fugitive dust controls. Operational requirements are used for this area because monitoring to confirm compliance with a performance standard is not feasible. A. Fugitive Dust Controls: Prior to discharge at a mine site, ash is to be conditioned by mixing with water to a moisture content of at least 5% by weight, but not to exceed 20% by weight. The purpose of conditioning is to reduce the likelihood that dust will become airborne during placement. SMCRA APPROACH: Regulations require protection and stabilization of all exposed surface areas to control air pollution attendant to erosion. A plan for fugitive dust control practices to achieve this is required, and the regulatory authority may require a monitoring program to assess the effectiveness of the practices to comply with applicable federal and State air quality standards.

VI. Risk Assessments: Owners/ operators are to conduct risk assessments to inform themselves, regulators, and the public, of the likelihood that the placement of ash at the mine site will adversely impact critical receptors. A. Impact on humans and other animals via air and surface water pathways, including potential intermingling of ground water and surface water. B. Impact on plants via air and surface water pathways, including potential intermingling of ground water and surface water. C. Impact on air quality. D. Impact on water quality, including potential intermingling of ground water and surface water. E. Impact on fish, including potential intermingling of ground water and surface water and potential air transport of contaminants to surface water. SMCRA APPROACH: Regulations require that the permittee provide a Probable Hydrologic Consequences Determination ( PHC) which includes findings on: ( 1) whether adverse impacts may occur to the hydrologic balance; ( 2) whether acid or toxic forming materials are present that could contaminate surface or ground waters supplies; ( 3) whether the operation may proximately contaminate, diminish, or interrupt an underground or surface source of water within or adjacent to the permit area which is used for domestic, agricultural, industrial or other legitimate purpose; and ( 4) what impact the operation will have on sediment yields and various water quality parameters of local impact, flooding or streamflow alteration, ground water and surface water availability, and other characteristics as required by the regulatory authority. Permit application must include description of how, to the extent possible using the best technology available, operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with Endangered Species Act, and how 6 operations will enhance these resources where practicable.

VII. Public Participation: To be comfortable with allowing the placement of ash at mine sites, the public needs information, opportunity to raise concerns, and assurance that those concerns will be addressed. A. Planning and Permitting: Prior to placing ash, the owner/ operator is to inform the public of the planned operation, make public all risk assessment ( item VI, above) and baseline monitoring ( item IV, above) information, and provide for interactive public discussion before the permitting authority. SMCRA APPROACH: Applicants must publish newspaper notice of availability of application and make application available for review at courthouse. Regulatory authority must notify federal, State, and local agencies of the application. Public is allowed to submit comments and objections to regulatory authority and request informal conference, and regulatory authority must honor request. Public has right to subsequent administrative review, including administrative hearing; as well as to judicial appeal of administrative review. B. Monitoring Information: The owner/ operator is to make public all monitoring data, reports, and other forms of information. Access to all information is to be readily available to the public at an accessible location such as a government library. SMCRA APPROACH: See item A, above. C. Citizen Suits: The public is to have the opportunity to file suit in appropriate courts to ensure compliance by the owner/ operator. SMCRA APPROACH: Public has right to accompany inspections and to review monitoring results. SMCRA includes " citizen suit" provision comparable to RCRA Section 7002.


[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63837-63839]
[FR Doc No: 2023-20026]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31505; Amdt. No. 4077]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 18, 2023. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 18, 2023.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg. 26, Room 217,
Oklahoma City, OK 73099. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends 14 CFR part 97 by establishing, amending,
suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The
complete regulatory description of each SIAP and its associated Takeoff
Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B, when required by an
entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on September 1, 2023.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service Manager, Standards Section,
Flight Procedures & Airspace Group Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by establishing, amending, suspending, or removing
Standard Instrument Approach Procedures and/or Takeoff Minimums and
Obstacle Departure Procedures effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 5 October 2023

Cordova, AK, PACV, ILS OR LOC RWY 27, Amdt 12
Wainwright, AK, PAWI, RNAV (GPS) RWY 6, Amdt 2A
Wainwright, AK, PAWI, RNAV (GPS) RWY 24, Amdt 2A
Hemet, CA, KHMT, RNAV (GPS) RWY 5, Amdt 1
Placerville, CA, KPVF, RNAV (GPS) RWY 5, Amdt 3
Venice, FL, KVNC, RNAV (GPS) RWY 13, Amdt 2A
Venice, FL, KVNC, RNAV (GPS) RWY 31, Amdt 2A
Adel, GA, 15J, RNAV (GPS) RWY 5, Amdt 2
Adel, GA, 15J, RNAV (GPS) RWY 23, Amdt 2
Mason City, IA, KMCW, ILS OR LOC RWY 36, Amdt 7
Mason City, IA, KMCW, LOC BC RWY 18, Amdt 7D, CANCELED
Colby, KS, KCBK, RNAV (GPS) RWY 17, Amdt 3
Dodge City, KS, KDDC, RNAV (GPS) RWY 2, Orig-A
Dodge City, KS, KDDC, RNAV (GPS) RWY 20, Orig-A
Fryeburg, ME, KIZG, Takeoff Minimums and Obstacle DP, Amdt 5
Alexandria, MN, KAXN, RNAV (GPS) RWY 4, Orig
Alexandria, MN, KAXN, RNAV (GPS) RWY 13, Orig
St Paul, MN, 21D, RNAV (GPS) RWY 14, Orig
St Paul, MN, 21D, RNAV (GPS) RWY 32, Orig
St Paul, MN, 21D, RNAV (GPS) RWY 32, Amdt 1B, CANCELED
Madison, MS, KMBO, RNAV (GPS) RWY 35, Amdt 1A
Winston Salem, NC, KINT, ILS OR LOC RWY 33, Amdt 30
Las Vegas, NV, KLAS, ILS Y OR LOC Y RWY 26L, Orig

Las Vegas, NV, KLAS, ILS Y OR LOC Y RWY 26R, Orig
Las Vegas, NV, KLAS ILS Z OR LOC Z RWY 26L, Amdt 8
Las Vegas, NV, KLAS, ILS Z OR LOC Z RWY 26R, Amdt 21
Dallas, TX, KRBD, RNAV (GPS) RWY 31, Amdt 1C
Sonora, TX, KSOA, NDB OR GPS RWY 18, Amdt 3A, CANCELED
Sonora, TX, KSOA, RNAV (GPS) RWY 18, Orig
Front Royal, VA, KFRR, VOR-B, Orig-B, CANCELED

    Rescinded: On July 28, 2023 (88 FR 48722), the FAA published an
Amendment in Docket No. 31499, Amdt No. 4071, to part 97 of the
Federal Aviation Regulations under Sec. Sec.  97.20, 97.23, 97.33,
and 97.37. The following entries for Northway, AK, effective October
5, 2023, are hereby rescinded in their entirety:

Northway, AK, PAOR, NORTHWAY ONE, Graphic DP
Northway, AK, PAOR, RNAV (GPS) RWY 6, Amdt 1
Northway, AK, PAOR, RNAV (GPS) RWY 24, Amdt 2
Northway, AK, PAOR, Takeoff Minimums and Obstacle DP, Amdt 3
Northway, AK, PAOR, VOR-A, Amdt 2

[FR Doc. 2023-20026 Filed 9-15-23; 8:45 am]
BILLING CODE 4910-13-P