[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39326-39327]
[FR Doc No: 2023-12775]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0032]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 15 individuals from the
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle (CMV) drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on May 24, 2023. The exemptions
expire on May 24, 2025.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, (FMCSA-2023-0032) 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 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

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

II. Background

    On April 19, 2023, FMCSA published a notice announcing receipt of
applications from 15 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (88 FR 24261). The public comment
period ended on May 19, 2023, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. However, FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the Commercial
Driver's License Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System. For non-CDL holders,
the Agency reviewed the driving records from the State Driver's
Licensing Agency. A summary of each applicant's seizure history was
discussed in the April 19, 2023, Federal Register notice (88 FR 24261)
and will not be repeated in this notice.
    These 15 applicants have been seizure-free over a range of 27 years
while taking anti-seizure medication and maintained a stable medication
treatment regimen for the last 2 years. In each case, the applicant's
treating physician verified his or her seizure history and supports the
ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) would likely achieve a level of safety equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).

V. Conditions and Requirements

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

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 15 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in Sec.  391.41(b)(8), subject to the requirements cited
above:

Jeffrey Baker (CA)
Robert Bennett (NY)
Karl Bohmuller (NC)
David Brown (FL)
John Carroll (HI)
Jean Daza (NJ)
Jerrid Hielscher (SD)
Brandon Kirby (CT)
Alexander Kumm (IL)
Armando Leandry (NJ)
Nicholas Liebe (WI)
Sheldon Martin (NY)
Robert Moseler (MI)
Tammy Snyder (NC)
Michael Urbshot (HI)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-12775 Filed 6-14-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21253-21255]
[FR Doc No: 2016-07842]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5458; Directorate Identifier 2016-NM-027-AD;
Amendment 39-18473; AD 2016-07-28]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
and DC-9-87 (MD-87) airplanes, and Model MD-88 airplanes. This AD
requires repetitive eddy current high frequency (ETHF) inspections for
any cracking in the left and right side center wing lower skin, and
corrective actions if necessary. This AD was prompted by reports of
cracking at certain stringers, associated end fittings, and skins in
the center wing fuel tank where the stringers meet the end fittings. We
are issuing this AD to detect and correct cracking in the center wing
lower skin. Such cracking could cause structural failure of the wings.

DATES: This AD is effective April 26, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 26,
2016.
    We must receive comments on this AD by May 26, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5458.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5458; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Haytham Alaidy, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5224; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports of cracks at stringers S-15, S-16, or S-
17, associated end fittings, and skins in the center wing fuel tank
where the stringers meet the end fittings near Xcw=13 and Xcw=15. If
stringer S-15, S-16, or S-17 is cracked in this area and there is a
crack in the skin adjacent to the stringer crack, the skin crack could
grow to a critical length before it can be found by routine maintenance
inspections. This condition, if not corrected, could result in
structural failure of the wings. We are issuing this AD to correct the
unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-57A244, dated March
3, 2016. The service information describes procedures for repetitive
ETHF inspections for any cracking in the left and right side center
wing lower skin, and corrective actions. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the Service Information. For
information on the procedures and compliance times, see this service
information at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5458.
    The phrase ``corrective actions'' is used in this AD. Corrective
actions correct or address any condition found. Corrective actions in
an AD could include, for example, repairs.

Differences Between This AD and the Service Information

    Boeing Alert Service Bulletin MD80-57A244, dated March 3, 2016,
specifies to contact the manufacturer for certain instructions, but
this AD requires accomplishment of repair methods, modification
deviations, and alteration deviations in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because we
have received reports indicating cracking at certain stringers,
associated end fittings, and skins in the center wing fuel tank where
the stringers meet the end fittings. This condition, if not corrected,
could cause structural failure of the wings.
    Therefore, we find that notice and opportunity for prior public
comment are impracticable and that good cause exists for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2016-5458 and
Directorate Identifier 2016-NM-027-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 395 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  14 work-hours x $85              $0  $1,190 per           $470,050 per
                                    per hour = $1,190                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-07-28 The Boeing Company: Amendment 39-18473; Docket No. FAA-
2016-5458; Directorate Identifier 2016-NM-027-AD.

(a) Effective Date

    This AD is effective April 26, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, and
Model MD-88 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracking at certain
stringers, associated end fittings, and skins in the center wing
fuel tank where the stringers meet the end fittings. We are issuing
this AD to detect and correct cracking in the center wing lower
skin. Such cracking could cause structural failure of the wings.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Except as required by paragraph (h)(1) and (h)(2) of this AD, at
the applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin MD80-57A244, dated March 3, 2016: Do
an eddy current high frequency (ETHF) inspection for any cracking in
the left and right side center wing lower skin, and do all
applicable corrective actions; except as required by paragraph
(h)(3) of this AD. Do all applicable corrective actions before
further flight. Repeat the inspection thereafter at the intervals
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin MD80-57A244, dated March 3, 2016.

(h) Exception to the Service Information

    (1) Where Boeing Alert Service Bulletin MD80-57A244, dated March
3, 2016, specifies a compliance time ``after the original issue date
of this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (2) The Condition column of paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin MD80-57A244, dated March 3, 2016,
refers to total flight cycles ``as of the original issue date of
this service bulletin.'' This AD, however, applies to the airplanes
with the specified total flight cycles as of the effective date of
this AD.
    (3) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin MD80-57A244, dated March 3,
2016, specifies to contact Boeing for appropriate action, and
specifies that action as ``RC'' (Required for Compliance): Before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) Except as required by paragraph (h)(3) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (i)(4)(i) and
(i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Haytham Alaidy,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin MD80-57A244, dated March 3,
2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA
90846-0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>;
Internet https://www.myboeingfleet.com.
    (4) You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 30, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-07842 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65668-65669]
[FR Doc No: 2018-27776]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2018-0553; FRL-9988-05-OA]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; CEQ-EPA Presidential Innovation Award for
Environmental Educators Application (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``CEQ-EPA Presidential Innovation
Award for Environmental Educators Application (Renewal)'' (EPA ICR No.
2524.02, OMB Control No. 2090-0031) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which is
currently approved through May 31, 2019. An Agency may not conduct, or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before February 18, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OA-2018-0553, online using www.regulations.gov (our preferred method),
by email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Javier Araujo, Office of the
Administrator, Office of Environmental Education, MC-1704A,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public

docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The purpose of this information collection request is to
collect information from applicants to select recipients for the
Presidential Innovation Award for Environmental Educators program. The
U.S. Environmental Protection Agency (EPA or the Agency), in
conjunction with the White House Council on Environmental Quality
(CEQ), established the award program to meet the requirements of
Section 8(e) of the National Environmental Education Act (20 U.S.C.
5507(e)).
    Form Numbers: None.
    Respondents/affected entities: K-12 teachers who teach on a full-
time basis in a public school that is operated by a local education
agency, including schools funded by the Bureau of Indian Affairs. For
this program, a local education agency is one as defined by section 198
of the Elementary and Secondary Education Act of 1965 (now codified at
20 U.S.C. 7801(26)).
    Respondent's obligation to respond: Required to obtain information
from the applicants for Presidential Innovation Award for Environmental
Educators and assess certain aspects of the PIAEE program as
established under Section 8(e) of the National Environmental Education
Act (20 U.S.C. 5507(e)).
    Estimated number of respondents: 75 (total).
    Frequency of response: Annually.
    Total estimated burden: 10 hours (per year). Burden is defined at 5
CFR 1320.03(b).
    Total estimated cost: $32,250 (per year) for 75 applicants,
includes $14,191 annualized capital or operation & maintenance costs.
    Changes in the Estimates: We expect that after adjusting the burden
numbers that the burden numbers will substantially stay the same.
Program requirements are expected to stay the same and the estimates
currently consider the use of technology to complete the application.

    Dated: December 6, 2018.
Elizabeth (Tate) Bennett,
Associate Administrator, Office of Public Engagement and Environmental
Education.
[FR Doc. 2018-27776 Filed 12-20-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29066-29067]
[FR Doc No: 2019-13183]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0461]

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone within the Chicago Harbor during

specified times on October 23, 2019. This action is necessary and
intended to protect the safety of life and property on navigable waters
prior to, during, and immediately after firework displays. During the
enforcement period listed below, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Lake Michigan or a designated representative.

DATES: The regulation in 33 CFR 165.931 will be enforced from 9:25 p.m.
through 9:45 p.m. on October 23, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT John Ramos, Waterways
Management Division, Marine Safety Unit Chicago, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce Safety Zone;
Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931, on October 23, 2019 from 9:25 p.m. through 9:45 p.m. This
safety zone encompasses all waters of Lake Michigan within Chicago
Harbor bounded by coordinates beginning at 41[deg]53'23.3'' N,
087[deg]36'04.5'' W; then south to 41[deg]53'11.8'' N,
087[deg]36'04.1'' W; then west to 41[deg]53'12.1'' N, 087[deg]35'40.5''
W; then north to 41[deg]53'23.6'' N, 087[deg]35'40.07'' W; then east
back to the point of origin (NAD 83). Entry into, transiting, or
anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port Lake Michigan or a designated on-scene
representative.
    This notice of enforcement is issued under authority of 33 CFR
165.931 and 5 U.S.C. 552 (a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of the above-specified enforcement
periods of this safety zone via Broadcast Notice to Mariners and Local
Notice to Mariners. The Captain of the Port Lake Michigan or a
designated on-scene representative may be contacted via Channel 16,
VHF-FM or at<PHONE_NUMBER>.

    Dated: June 14, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-13183 Filed 6-20-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35040-35041]
[FR Doc No: 2018-15768]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83661; File No. SR-NYSEArca-2018-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change
Relating to Listing and Trading of the Direxion Daily Bitcoin Bear 1X
Shares, Direxion Daily Bitcoin 1.25X Bull Shares, Direxion Daily
Bitcoin 1.5X Bull Shares, Direxion Daily Bitcoin 2X Bull Shares and
Direxion Daily Bitcoin 2X Bear Shares Under NYSE Arca Rule 8.200-E

July 18, 2018.
    On January 4, 2018, NYSE Arca, Inc. (``NYSE Arca'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the following exchange-traded products under NYSE Arca Rule
8.200-E, Commentary .02: Direxion Daily Bitcoin Bear 1X Shares,
Direxion Daily Bitcoin 1.25X Bull Shares, Direxion Daily Bitcoin 1.5X
Bull Shares, Direxion Daily Bitcoin 2X Bull Shares, and Direxion Daily
Bitcoin 2X Bear Shares. The proposed rule change was published for
comment in the Federal Register on January 24, 2018.\3\ On March 1,
2018, pursuant to Section 19(b)(2) of the Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to disapprove the proposed rule change.\5\ On
April 23, 2018, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.\7\ The Commission has received two
comments on the proposed rule change.\8\
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82532 (Jan. 18,
2018), 83 FR 3380 (Jan. 24, 2018).
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82795 (Mar. 1,
2018), 83 FR 9768 (Mar. 7, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 83094 (Apr. 23,
2018), 83 FR 18603 (Apr. 27, 2018). Specifically, the Commission
instituted proceedings to allow for additional analysis of the
proposed rule change's consistency with Section 6(b)(5) of the Act,
which requires, among other things, that the rules of a national
securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' See id. at 18604 (citing 15 U.S.C. 78f(b)(5)).
    \8\ See Letters from Steven Williams (May 17, 2018) and Sharon
Brown-Hruska, Managing Director, and Trevor Wagener, Consultant,
NERA Economic Consulting (May 18, 2018). All comments on the
proposed rule change are available on the Commission's website at:
https://www.sec.gov/comments/sr-nysearca-2018-02/nysearca201802.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on January 24, 2018. July 23, 2018, is 180

days from that date, and September 21, 2018, is 240 days from that
date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider this proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\10\ designates September 21, 2018, as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-NYSEArca-2018-02).
---------------------------------------------------------------------------

    \10\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-15768 Filed 7-23-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60423-60424]
[FR Doc No: 2021-23808]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0917; Airspace Docket No. 21-ANM-45]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Kit Carson County
Airport, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface of the earth at Kit Carson
County Airport, Burlington, CO. This action would accommodate a new
area navigation (RNAV) procedure and ensure the safety and management
of instrument flight rule (IFR) operations within the National Airspace
System.

DATES: Comments must be received on or before December 17, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0917; Airspace Docket No. 21-ANM-45, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11 is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Elizabeth Healy, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface of the earth to support IFR operations at Kit Carson
County Airport, Burlington, CO.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0917;
Airspace Docket No. 21-ANM-45''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed

in the ADDRESSES section of this document. FAA Order JO 7400.11F lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface of
the earth at Kit Carson County Airport, Burlington, CO.
    The proposed Class E airspace extending upward from 700 feet above
ground level (AGL) would be amended to within a 6.5-mile radius of the
airport with a 7.0-mile radius bump out from the 207[deg] bearing from
the airport clockwise to the 268[deg] bearing from the airport, and
extensions south, northwest, and north of the airport should be
established to contain IFR departures to 1,200 feet above the surface
and IFR arrivals descending below 1,500 feet above the surface. The
southern extension would be within 2.6 miles on each side of the
160[deg] bearing from the airport, extending from the 6.5-mile radius
to 8.5 miles south of the airport. The northwest extension would be
within 2.6 miles on each side of the 326[deg] bearing from the airport,
extending from the 6.5-mile radius to 7.5 miles northwest of the
airport. Finally, the northern extension would be within 1.0 miles on
each side of the 340[deg] bearing from the airport, extending from the
6.5-mile radius to 10.8 miles north of the airport.
    This action also proposes two administrative updates to the Class E
legal description. The second line of the text header should be updated
from ``Burlington, Kit Carson County Airport, CO'' to ``Kit Carson
County Airport'', to match the FAA database. Additionally, the third
line of the text header should be updated from ``(Lat. 39[deg]14'41''
N, long. 102[deg]17'05'' W) to ``(Lat. 39[deg]14'33'' N, long.
102[deg]17'07'' W)'' to match the FAA database.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated July 21,
2020, and effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Burlington, CO [Amended]

Kit Carson County Airport, CO
    (Lat. 39[deg]14'33'' N, long. 102[deg]17'07'' W)

    That airspace extending upward from 700 feet above the surface
within 6.5-mile radius of the Kit Carson County Airport, and within
a 7.0-mile radius of the airport from the 207[deg] bearing from the
airport clockwise to the 283[deg] bearing from the airport, and
within 2.6 miles on each side of the 160[deg] bearing from the
airport, extending from the 6.5-mile radius to 8.5 miles south of
the airport, and within 2.6 miles on each side of the 326[deg]
bearing from the airport, extending from the 6.5-mile radius to 7.5
miles northwest of the airport, and within 1.0 mile on each side of
the 340[deg] bearing from the airport, extending from the 6.5-mile
radius to 10.8 miles north of the airport.

    Issued in Des Moines, Washington, on October 27, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-23808 Filed 11-1-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30731-30734]
[FR Doc No: 2017-13867]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2016-C-2570]

Listing of Color Additives Exempt From Certification; Spirulina
Extract

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending the
color additive regulations to provide for the expanded safe use of
spirulina extract to seasonally color hard-boiled shell eggs at levels
consistent with good manufacturing practice (GMP). This action is in
response to a color additive petition (CAP) filed by McCormick &
Company, Inc. (McCormick).

DATES: This rule is effective August 3, 2017. Submit either electronic
or written objections and requests for a hearing on the final rule by
August 2, 2017. See section IX for further information on the filing of
objections.

ADDRESSES: You may submit either electronic or written objections and
requests for a hearing as follows. Please note that late, untimely
filed objections will not be considered. Electronic objections must be
submitted on or before August 2, 2017. The https://www.regulations.gov
electronic filing

system will accept comments until midnight Eastern Time at the end of
August 2, 2017. Objections received by mail/hand delivery/courier (for
written/paper submissions) will be considered timely if they are
postmarked or the delivery service acceptance receipt is on or before
that date.

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Objections submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on https://www.regulations.gov.
     If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper objections submitted to the Dockets
Management Staff, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-C-2570 for ``Listing of Color Additives Exempt From
Certification; Spirulina Extract.'' Received objections, those filed in
a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an objection with
confidential information that you do not wish to be made publicly
available, submit your objections only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We
will review this copy, including the claimed confidential information,
in our consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
objections received, go to https://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Molly A. Harry, Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In a notice published in the Federal Register of September 16, 2016
(81 FR 63728), we announced that we filed a color additive petition
(CAP 6C0306) submitted by McCormick & Company, Inc., c/o Exponent, 1150
Connecticut Ave. NW., suite 1100, Washington, DC 20036. The petition
proposed to amend the color additive regulations in Sec.  73.530 (21
CFR 73.530) Spirulina extract to provide for the expanded safe use of
spirulina extract, prepared by the filtered aqueous extraction of the
dried biomass of Arthrospira platensis, to seasonally color the shells
of hard-boiled eggs. The color additive is intended to be sold as a
powder in a packet to consumers at levels consistent with GMP.

II. Background

    Spirulina extract is currently approved under Sec.  73.530 for
coloring confections (including candy and chewing gum), frostings, ice
cream and frozen desserts, dessert coatings and toppings, beverage
mixes and powders, yogurts, custards, puddings, cottage cheese,
gelatin, breadcrumbs, ready-to-eat cereals (excluding extruded
cereals), and coating formulations applied to dietary supplement
tablets and capsules, at levels consistent with GMP. Spirulina extract
also is currently approved under 21 CFR 73.1530 for coloring coating
formulations applied to drug tablets and capsules, at levels consistent
with GMP. Spirulina extract is exempt from certification under section
721(c) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21
U.S.C. 379e(c)) because we previously determined that certification was
not necessary for the protection of public health (78 FR 49117 at
49119, August 13, 2013).
    The spirulina extract that is the subject of this final rule is a
blue-colored powder produced by the filtered aqueous extraction of the
dried biomass of A. platensis (also known as Spirulina platensis), an
edible blue-green cyanobacterium. The color additive contains
phycocyanins as the principal coloring components. Based on data and
information provided in the petition on the identity, physical and
chemical properties, manufacturing process, and composition of the
color additive, we have determined that the color additive meets the
specifications for spirulina extract in Sec.  73.530 (Ref. 1).
    Spirulina-derived ingredients have also been the subject of four
notices submitted by firms to FDA informing us of their determinations
that certain uses of these substances in food are generally recognized
as safe (GRAS) (78 FR 49117 at 49118). Under section 201(s) of the FD&C
Act (21 U.S.C. 321(s)), a substance that is GRAS for a particular use
in food is not a food additive, and may lawfully be utilized for that
use without our review and approval. There is no GRAS exemption,
however, to the definition of color additive in section 201(t) of the
FD&C Act). Therefore, we must approve the use of a color additive in
food before it is marketed; otherwise the food containing the color
additive is adulterated under section 402(c) of the FD&C Act (21 U.S.C.
342(c)). One GRAS

notice (GRN 000424) pertains to the use of a spirulina-derived
substance that is similar in chemical composition to the color additive
that is the subject of this final rule, but the substance that was the
subject of GRN 000424 has a much higher phycocyanin content (Ref. 3).
Importantly, in our response to these GRAS notifications, we indicated
that if the substances that were the subject of these submissions
impart color to the food, they may be subject to regulation as a color
additive.

III. Safety Evaluation

A. Determination of Safety

    Under section 721(b)(4) of the FD&C Act, a color additive may not
be listed for a particular use unless the data and information
available to FDA establish that the color additive is safe for that
use. Our color additive regulations at 21 CFR 70.3(i) define ``safe''
to mean that there is convincing evidence that establishes with
reasonable certainty that no harm will result from the intended use of
the color additive. To establish with reasonable certainty that a color
additive intended for use in foods is not harmful under its intended
conditions of use, we consider the projected human dietary exposure to
the color additive, the additive's toxicological data, and other
relevant information (such as published literature) available to us. We
compare an individual's estimated exposure, or estimated daily intake
(EDI), of the color additive from all food sources to an acceptable
daily intake level established by toxicological data. The EDI is
determined by projections based on the amount of the color additive
proposed for use in particular foods or drugs and on data regarding the
amount consumed from all ingested sources of the color additive. We
commonly use the EDI for the 90th percentile consumer of a color
additive as a measure of high chronic exposure.

B. Safety of Petitioned Use of the Color Additive

    During our safety review of this petition (CAP 6C0306), we
considered the projected human dietary exposure to spirulina extract
and to phycocyanins (the principal coloring components) from the
petitioned use and from currently permitted uses of spirulina extract
in foods and ingested drugs. McCormick submitted an exposure estimate
for spirulina extract and for phycocyanins for the petitioned use of
spirulina extract based on a worst-case scenario that presumed that
spirulina extract could potentially migrate from the outside of the egg
shell to the edible portion of the egg. McCormick estimated that the
petitioned use of spirulina extract to seasonally color the shells of
hard-boiled eggs would result in an exposure to spirulina extract of
8.8 milligrams per person per day (mg/p/d) at the 90th percentile for
the U.S. population aged 2 years and older (Ref. 2). McCormick also
estimated that the petitioned use of spirulina extract would result in
an exposure to phycocyanins of 1.9 mg/p/d at the 90th percentile for
the U.S. population aged 2 years and older (Ref. 2). Despite providing
this worst-case estimate, McCormick noted that egg shells are not
consumed and demonstrated that the spirulina extract applied to the
outside of an egg shell generally does not migrate through the shell
and the outer and inner membranes separating the shell from the edible
portion of the egg. For these reasons, McCormick asserted that the
amount of spirulina extract that would actually be found on the edible
portion of an egg would be negligible, resulting in a 0.17 percent
increase of the cumulative estimated daily intake (CEDI) for
phycocyanins (Ref. 2). The previously estimated upper bound CEDI for
phycocyanins from all GRAS-notified uses of spirulina extract in food
is 1,140 mg/p/day or 19 milligrams per kilogram body weight per day
(mg/kg bw/d) for a 60 kg individual based on uses addressed in GRN
000424 (Ref. 3). We agree that McCormick's exposure estimate is
sufficiently conservative. We conclude that the exposure to spirulina
extract and phycocyanins resulting from the petitioned use of spirulina
extract to seasonally color the shells of hard-boiled eggs is
negligible, and that the petitioned use would not result in a
significant contribution to the CEDI for phycocyanins (Ref. 2).
    To support the safety of the proposed use of spirulina extract to
color the shells of hard-boiled eggs, McCormick referenced the safety
determinations made by FDA for CAPs 2C0293 (78 FR 49117, August 13,
2013), 2C0297 (79 FR 20095, April 11, 2014), and 4C0300 (80 FR 50762,
August 21, 2015). McCormick also conducted a search of the peer-
reviewed scientific literature for animal and human oral consumption
studies that tested spirulina, spirulina-derived ingredients, and
phycocyanins that were published between January 1, 2014, and July 20,
2016. McCormick submitted to us the published animal and human studies
that they identified as being relevant to their petition. We evaluated
the submitted safety information and additional studies that we
identified as relevant and concluded that this information does not
raise any safety concerns (Refs. 4 and 5).
    In our previous evaluation of the use of spirulina extract as a
color additive in foods (80 FR 50762), we did not have any concerns
regarding the safety of the use of spirulina extract and its major
coloring components, phycocyanins. Taking into account all the
available safety information and the estimated exposure to phycocyanins
from the petitioned use, we conclude that the proposed use of spirulina
extract to seasonally color the shells of hard-boiled eggs is safe
(Ref. 5).
    We discussed the potential allergenicity of spirulina phycocyanins
in our final rule for the use of spirulina extract as a color additive
in candy and chewing gum (78 FR 49117 at 49119). Based on the
comparison of the known amino acid sequences of phycocyanins with the
sequences of known protein allergens, we determined that there is a low
probability that phycocyanins are protein allergens. We therefore
concluded that the spirulina phycocyanins present an insignificant
allergy risk. Additionally, after a review of the literature relevant
to the potential allergenicity of spirulina phycocyanins, we have
determined that spirulina phycocyanins still present an insignificant
allergy risk (Refs. 4-7). We are not aware of any new information that
would cause us to change this conclusion.

IV. Conclusion

    Based on the data and information in the petition and other
relevant material, we conclude that the petitioned use of spirulina
extract to seasonally color the shells of hard-boiled eggs is safe. We
further conclude that the color additive will achieve its intended
technical effect and is suitable for the petitioned use. Consequently,
we are amending the color additive regulations in part 73 (21 CFR part
73) as set forth in this document. In addition, based upon the factors
listed in 21 CFR 71.20(b), we continue to conclude that certification
of spirulina extract is not necessary for the protection of the public
health.

V. Public Disclosure

    In accordance with Sec.  71.15 (21 CFR 71.15), the petition and the
documents that we considered and relied upon in reaching our decision
to approve the petition will be made available for public disclosure
(see FOR FURTHER INFORMATION CONTACT). As provided in Sec.  71.15, we
will delete from the documents any materials that are not available for
public disclosure.

VI. Analysis of Environmental Impact

    We previously considered the environmental effects of this rule, as
stated in the September 16, 2016, Federal Register notice of petition
for CAP 6C0306 (81 FR 63728). We stated that we had determined, under
21 CFR 25.32(r), that this action ``is of a type that does not
individually or cumulatively have a significant effect on the human
environment'' such that neither an environmental assessment nor an
environmental impact statement is required. We have not received any
new information or comments that would affect our previous
determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

VIII. Section 301(ll) of the FD&C Act

    Our review of this petition was limited to section 721 of the FD&C
Act. This final rule is not a statement regarding compliance with other
sections of the FD&C Act. For example, section 301(ll) of the FD&C Act
prohibits the introduction or delivery for introduction into interstate
commerce of any food that contains a drug approved under section 505 of
the FD&C Act (21 U.S.C. 355), a biological product licensed under
section 351 of the Public Health Service Act (42 U.S.C. 262), or a drug
or biological product for which substantial clinical investigations
have been instituted and their existence has been made public, unless
one of the exemptions in section 301(ll)(1) to (ll)(4) of the FD&C Act
applies. In our review of this petition, we did not consider whether
section 301(ll) of the FD&C Act or any of its exemptions apply to food
containing this color additive. Accordingly, this final rule should not
be construed to be a statement that a food containing this color
additive, if introduced or delivered for introduction into interstate
commerce, would not violate section 301(ll) of the FD&C Act.
Furthermore, this language is included in all color additive final
rules that pertain to food and therefore should not be construed to be
a statement of the likelihood that section 301(ll) of the FD&C Act
applies.

IX. Objections

    This rule is effective as shown in the DATES section, except as to
any provisions that may be stayed by the filing of proper objections.
If you will be adversely affected by one or more provisions of this
regulation, you may file with the Dockets Management Staff (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen
in the Dockets Management Staff between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at https://www.regulations.gov. We will publish notice of the objections that we
have received or lack thereof in the Federal Register.

X. References

    The following references are on display in the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
available electronically at https://www.regulations.gov. FDA has
verified the Web site addresses, as of the date this document publishes
in the Federal Register, but Web sites are subject to change over time.

1. Memorandum from N. Belai, Color Technology Team, Office of
Cosmetics and Colors (OCAC), Center for Food Safety and Applied
Nutrition (CFSAN), FDA to M. Harry, Division of Petition Review,
Office of Food Additive Safety (OFAS), CFSAN, FDA, February 1, 2017.
2. Memorandum from H. Lee, Division of Petition Review, OFAS, CFSAN,
FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA,
February 1, 2017.
3. Letter from D. Keefe, OFAS, CFSAN, FDA to H. Newman, Desert Lake
Technologies, LLC, Agency Response Letter GRAS Notice 000424,
December 6, 2012, (http://www.fda.gov/Food/IngredientsPackagingLabeling/GRAS/NoticeInventory/ucm335743.htm).
4. Memorandum from L. Rosenfeld, Division of Petition Review, OFAS,
CFSAN, FDA to J. Park, Division of Petition Review, OFAS, CFSAN,
FDA, January 12, 2017.
5. Memorandum from J. Park, Division of Petition Review, OFAS,
CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN,
FDA, February 2, 2017.
6. Memorandum from J. Park, Division of Petition Review, OFAS,
CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN,
FDA, April 13, 2017.
7. Memorandum from J. Park, Division of Petition Review, OFAS,
CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN,
FDA, April 25, 2017.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Foods, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
73 is amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.

0
2. Section 73.530 is amended by revising paragraph (c) to read as
follows:

Sec.  73.530  Spirulina extract.

* * * * *
    (c) Uses and restrictions. Spirulina extract may be safely used for
coloring confections (including candy and chewing gum), frostings, ice
cream and frozen desserts, dessert coatings and toppings, beverage
mixes and powders, yogurts, custards, puddings, cottage cheese,
gelatin, breadcrumbs, ready-to-eat cereals (excluding extruded
cereals), coating formulations applied to dietary supplement tablets
and capsules, at levels consistent with good manufacturing practice,
and to seasonally color the shells of hard-boiled eggs, except that it
may not be used to color foods for which standards of identity have
been issued under section 401 of the Federal Food, Drug, and Cosmetic
Act, unless the use of the added color is authorized by such standards.
* * * * *

    Dated: June 21, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-13867 Filed 6-30-17; 8:45 am]
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[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35981-35982]
[FR Doc No: 2020-12713]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. -2020-47]

Petition for Exemption; Summary of Petition Received; The Air
Medical Operators Association

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 17, 2020.

ADDRESSES: Send comments identified by docket number FAA-2020-0412
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alphonso Pendergrass,<PHONE_NUMBER>
or<EMAIL_ADDRESS>Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 8, 2020.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2020-0412.
    Petitioner: The Air Medical Operators Association.
    Section(s) of 14 CFR Affected: Sec.  135.
    Description of Relief Sought: Petitioner requests an extension to
Exemption No. 18537 which expires on August 31, 2020 to allow the Air
Medical Operators Association (AMOA) members and other part 135 air
ambulance operators that submit a Letter of Intent to complete
recurrent training and testing activities up to three calendar months
after the month in which the activity was due to have been completed.

[FR Doc. 2020-12713 Filed 6-11-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49044-49045]
[FR Doc No: 2014-19637]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AB66

Minimum Training Requirements for Entry-Level Commercial Drivers'
License Applicants; Consideration of Negotiated Rulemaking Process

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

ACTION: Notice of intent.

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

SUMMARY: FMCSA announces that the Agency is exploring the feasibility
of conducting a negotiated rulemaking (Reg Neg) concerning entry-level
training for drivers of commercial motor vehicles (CMVs). Specifically,
the Agency is exploring a Reg Neg to implement the entry-level driver
training (ELDT) provisions in the Moving Ahead for Progress in the 21st
Century Act (MAP-21). The FMCSA has hired a convener to speak with
interested parties about the feasibility of conducting of an ELDT Reg
Neg. FMCSA anticipates that these interested parties may include driver
organizations, CMV training organizations, motor carriers (of property
and passengers) and industry associations, State licensing agencies,
State enforcement agencies, labor unions, safety advocacy groups, and
insurance companies.

DATES: Please submit your comments no later than September 18, 2014.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2007-27748 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Mr. Richard Clemente, Transportation
Specialist, FMCSA, Office of Bus and Truck Standards and Operations,
202-366-4325<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Ms. Barbara Hairston, Program
Manager, Docket Operations,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the early 1980s, the Federal Highway
Administration's (FHWA) Office of Motor Carriers, predecessor agency to
the FMCSA, determined that there was a need for technical guidance in
the area of truck driver training. Research showed that few driver
training institutions offered a structured curriculum or a standardized
training program for any type of CMV driver. A 1995 study entitled
``Assessing the Adequacy of Commercial Motor Vehicle Driver Training''
(the Adequacy Report) concluded, among other things, that effective
ELDT needs to include behind-the-wheel (BTW) instruction on how to
operate a heavy vehicle.
    In 2004, FMCSA implemented a driver training rule that focused on
areas unrelated to the hands-on operation of a CMV, relying instead on
the commercial driver's license (CDL) knowledge and skills tests to
encourage training in the operation of CMVs. These current training
regulations in 49 CFR Part 380, subpart E cover four areas: (1) Driver
qualifications; (2) hours of service limitations; (3) wellness; and (4)
whistleblower protection. In 2005, the U.S. Court of Appeals for the
District of Columbia Circuit (the Court) remanded the rule to the
Agency for further consideration because the Court found that the
decision to issue a rule that did not mandate behind the wheel training
was not supported by the documentation in the rulemaking record--the
final rule ignored the BTW training component covered by the 1995
Adequacy Report. Advocates for Highway and Auto Safety v. Federal Motor
Carrier Safety Admin., 429 F.3d 1136, 1152 (D.C. Cir. 2005).
    On December 26, 2007, FMCSA published a Notice of Proposed
Rulemaking (NPRM) seeking public comment on enhanced ELDT requirements
(72 FR 73226). The proposed rule would have applied to drivers who
apply for a CDL beginning 3 years after a final rule went into effect.
Following that date, persons applying for new or upgraded CDLs would
have been required to successfully complete specified minimum classroom
and BTW training from an accredited institution or program. The Agency
proposed that the State driver-licensing agency issue a CDL only if the
applicant presented a valid driver training certificate from an
accredited institution or program.
    Following publication of the NPRM, the Agency reviewed the public
responses to the proposal. Additionally, FMCSA held ELDT listening
sessions on January 7, 2013 (ABA Marketplace), and March 22, 2013 (Mid-
America Trucking Show). Finally, the Agency tasked its Motor Carrier
Safety Advisory Committee (MCSAC) to provide ideas the Agency should
consider in implementing the MAP-21 requirements. Based on the feedback
received during the listening session and in light of the new
requirements imposed by MAP-21, the Agency withdrew the 2007 NPRM on
September 19, 2013 (78 FR 57585). Copies of the transcripts from the
listening sessions and the MCSAC's report are included in the docket
referenced at the beginning of this document.
    FMCSA is now assessing the feasibility of using Reg Neg for this
rulemaking. In a Reg Neg, an agency invites representatives of
interested parties that are likely to be affected by a regulation to
work with each other and the agency on a negotiating committee to
develop a consensus draft of a proposed rule. If a consensus is
reached, the Agency would then publish the proposal for public comment
under customary regulatory procedures. FMCSA believes this cooperative
problem-solving approach should be given serious consideration. To do
so, the Agency must determine, among other statutory factors, whether
an appropriate advisory committee can be assembled that would fairly
represent all affected interests, will negotiate in good faith and
whether consensus on the issues is likely.
    FMCSA has retained a neutral convener, Mr. Richard Parker from the
University of Connecticut, School of Law, to undertake the initial
stage in the Reg Neg process. Mr. Parker's credentials have been placed
in docket FMCSA-2007-27748 for the public's convenience.
    The neutral convener will interview affected interests, including
but not limited to, CMV driver organizations,

CMV training organizations, motor carriers (of property and passengers)
and industry associations, State licensing agencies, State enforcement
agencies, labor unions, safety advocacy groups, and insurance companies
and associations. The convener will determine whether additional
categories of interested parties may be necessary. The convenor will,
among other things, examine the potential for adequate and balanced
representation of these varied interests on an advisory committee that
would be convened to negotiate the regulation. The convener will then
submit a written ``convening'' report of findings and recommendations
to the Agency, and the final report will be available to the public.
The convener's report will provide a basis for FMCSA to decide whether
to proceed with a Reg Neg, and, if so, to determine the scope of the
issues the committee would address. In the alternative, FMCSA may
decide to forgo the Reg Neg and proceed with traditional notice-and-
comment rulemaking.
    All interested parties are advised that the confidentiality
provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574,
will apply to the convener's activities. The Federal Government will
make no claim to the convener's notes, memoranda, or recollections or
to documents provided to the convener in confidence in the course of
the convening process.
    The convenor will not interpret FMCSA or DOT policy on behalf of
the Agency or the Department nor make decisions on items of policy,
regulation, or statute. The convenor will not take a stand on the
merits of substantive items under discussion.
    The FMCSA will provide the convener any comments it receives in
reaction to this notice and will file the comments in docket FMCSA-
2007-27748. If you want to submit comments to this notice directly to
the docket, use the addresses above under the heading ADDRESSES.
    Should the FMCSA decide to proceed with a Reg Neg process, the
Agency will follow the procedures set forth in the Negotiated
Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would include the
mandatory publication of a notice of intent to solicit comment on
membership and invite interested persons to apply for nomination to the
committee. It also includes the establishment of a negotiating
committee under the Federal Advisory Committee Act (5 U.S.C. Appendix
2).

    Issued under the authority of delegation in 49 CFR 1.87.

    Dated: August 12, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-19637 Filed 8-15-14; 11:15 am]
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