Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 3891 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Applicable geographical or 

non-attainment area State date EPA approval Comments 

*******

Summary of Criteria Pollutant Maintenance Plan 

*******

PM2.5 (2006) ...... Canton (Stark County) .......................... 9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

PM2.5 (2006) ...... Cleveland (Cuyahoga, Lake, Lorain, 

Medina, Portage, and Summit Counties).

9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

PM2.5 (2006) ...... Steubenville-Weirton (Jefferson County) 9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

* * * * * * * 

[FR Doc. 2024–00976 Filed 1–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0336; FRL–9525–02– 

OCSPP] 

Methoxyfenozide; Pesticide 

Tolerances; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of October 11, 2022, 

establishing tolerances for residues of 

methoxyfenozide in or on multiple 

commodities requested by the 

Interregional Research Project Number 4 

(IR–4) under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). That 

document inadvertently omitted an 

instruction to add a tolerance for the 

commodity ‘‘bean, mung, dry seed’’. 

This document corrects the final 

regulation. 

DATES: Effective on January 22, 2024. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0336, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the October 

11, 2022, final rule a list of those who 

may be potentially affected by this 

action. 

II. What does this correction do? 

EPA issued a final rule in the Federal 

Register of October 11, 2022 (87 FR 

61259) (FRL–9525–01–OCSPP), that 

established tolerances for residues of 

methoxyfenozide in or on multiple 

commodities and removed tolerances 

for certain other commodities in 

response to a petition filed by IR–4. EPA 

inadvertently omitted an instruction 

directing the Federal Register to add an 

entry to the table in paragraph (a)(1) of 

40 CFR 180.544 for the commodity 

‘‘bean, mung, dry seed’’. This document 

corrects that omission and adds the 

commodity ‘‘bean, mung, dry seed’’ to 

the table in paragraph (a)(1) of 40 CFR 

180.544. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this correction final without 

prior proposal and opportunity for 

comment, because EPA inadvertently 

omitted an instruction to the Federal 

Register to add a tolerance for the 

commodity ‘‘bean, mung, dry seed’’. 

EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the statutory and 

Executive order review apply to this 

action? 

No. For a detailed discussion 

concerning the statutory and Executive 

order review refer to Unit VI. of the 

October 11, 2022, final rule. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 16, 2024. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, 40 CFR part 180 is corrected 

by making the following correcting 

amendment: 


ddrumheller on DSK120RN23PROD with RULES1
3892 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 

1Section 14(f) of DOT 2100.6A (Rulemaking and 

Guidance Procedures) states that it is DOT policy 

to encourage providing an opportunity for public 

comment on guidance documents, as public input 

can be very helpful in formulating and improving 

the guidance that DOT offers. 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.544, amend table 1 to 

paragraph (a)(1) by adding, in 

alphabetical order, an entry for the 

commodity ‘‘bean, mung, dry seed’’ to 

read as follows: 

§ 180.544 Methoxyfenozide; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Bean, mung, dry seed .......... 0.5 

* * * * * 

* * * * * 

[FR Doc. 2024–01015 Filed 1–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–2022–0111] 

Qualifications of Drivers: Medical 

Examiner’s Handbook Regulatory 

Guidance 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notification of regulatory 

guidance. 

SUMMARY: FMCSA announces the 

availability of the Medical Examiner’s 

Handbook (MEH), which includes 

updates to the Medical Advisory 

Criteria published in the Code of 

Federal Regulations (CFR). The MEH 

provides information about regulatory 

requirements and guidance to medical 

examiners (ME) listed on FMCSA’s 

National Registry of Certified Medical 

Examiners (National Registry) who 

perform physical qualification 

examinations of interstate commercial 

motor vehicle (CMV) drivers. The 

January 2024 edition of the MEH 

replaces all previous handbook editions. 

DATES: This guidance is applicable on 

January 22, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, (202) 366–4001, 

FMCSAMedical@dot.gov. If you have 

questions on viewing material in the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Availability of Documents 

To view comments or any documents 

mentioned as being available in the 

docket, go to https://

www.regulations.gov/docket/FMCSA2022-0111/document and choose the 

document to review. To view 

comments, click ‘‘Browse All 

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., Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has statutory authority under 

49 U.S.C. 31136(a)(3) and 

31149(c)(1)(A)(i)—delegated to the 

Agency by 49 CFR 1.87(f)—to establish 

regulations to ensure the physical 

condition of CMV operators is adequate 

to enable them to operate the vehicles 

safely. The guidance in the MEH and 

Medical Advisory Criteria is related to 

the physical qualification regulations 

required by those sections. 

The notice and comment rulemaking 

procedures of the Administrative 

Procedure Act (APA) do not apply to 

interpretative rules and general 

statements of policy (commonly called 

‘‘guidance’’) (5 U.S.C. 553(b)(A)). The 

MEH is a guidance document that does 

not amend any Agency regulation or 

establish any requirements for MEs or 

drivers not found in existing 

regulations. Accordingly, FMCSA was 

not required under the APA to solicit 

public comment on the MEH. 

Nevertheless, to ensure that the MEH 

provides clear, useful, and relevant 

information for stakeholders and as 

encouraged by DOT policy,1 FMCSA 

opted to make a draft of the MEH 

available for public review and 

comment (87 FR 50282 (Aug. 16, 2022)). 

Although FMCSA voluntarily provided 

an opportunity for public comment on 

the MEH, its decision to do so does not 

make applicable any of the other 

procedural requirements in the APA or 

most of the other statutes or Executive 

orders that would apply if the 

opportunity for prior notice and public 

comment were required. 

III. Background 

FMCSA’s mission is to reduce 

crashes, injuries, and fatalities involving 

large trucks and buses. A critical 

element of FMCSA’s safety program is 

ensuring CMV drivers are in adequate 

physical condition to operate the 

vehicles safely. MEs on the National 

Registry make the determination 

regarding a driver’s physical 

qualification. 

The Federal Motor Carrier Safety 

Regulations (FMCSRs), in 49 CFR 

391.41 through 391.49, provide the 

basic driver physical qualification 

standards for interstate CMV operators. 

MEs make physical qualification 

determinations on a case-by-case basis 

and may consider guidance to assist 

with making those determinations. 

FMCSA first posted the MEH to its 

website in 2008 to provide guidance to 

MEs on the physical qualification 

standards in the FMCSRs and the 

conducting of the physical qualification 

examination. FMCSA has also issued 

guidance for MEs in the form of Medical 

Advisory Criteria, now published at 49 

CFR part 391, Appendix A. However, 

FMCSA withdrew the MEH in 2015 

because some of the information was 

obsolete or was prescriptive in nature, 

and informed MEs and training 

organizations that the MEH was no 

longer in use and should not be 

considered as Agency guidance. 

FMCSA’s Medical Review Board 

(MRB) was established to provide 

FMCSA with medical advice and 

recommendations on medical standards 

and guidelines for the physical 

qualifications of CMV operators, ME 

education, and medical research (49 

U.S.C. 31149(a)(1)). The MRB, in view 

of its statutory creation and advisory 

function, is chartered by DOT as an 

advisory committee under the Federal 

Advisory Committee Act (5 U.S.C. Ch. 

10). See also Announcement of 

Establishment of the Federal Motor 

Carrier Safety Administration Medical 

Review Board (70 FR 57642 (Oct. 3, 

2005)). The Secretary appoints MRB’s 

members to reflect expertise in a variety 

of medical specialties relevant to the 

driver fitness requirements of FMCSA 

(49 U.S.C. 31149(a)(2)). 

To assist in the development of the 

MEH, FMCSA, in collaboration with its 


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