December 15, 2011 – Federal Register Recent Federal Regulation Documents

We are reopening the comment period for our proposed rule that would amend and republish the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products, reorganize the list of select agents and toxins based on the relative potential of each select agent or toxin to be misused to adversely affect human, plant, or animal health, and amend the regulations in order to add definitions and clarify language concerning security, training, biosafety, biocontainment, and incident response. This action will allow interested persons additional time to prepare and submit comments.

EPA is proposing to approve in part, and to conditionally approve or disapprove in part, the State Implementation Plan (SIP), submitted by the State of North Carolina, through the Department of Environment and Natural Resources (NC DENR), Division of Air Quality (DAQ), to demonstrate that the State meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. DAQ certified that the North Carolina SIP contains provisions that ensure the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in North Carolina (hereafter referred to as ``infrastructure submission''). With the exception of sub-element 110(a)(2)(E)(ii), EPA is proposing to determine that North Carolina's infrastructure submission, provided to EPA on December 12, 2007, and clarified in a subsequent submission submitted on June 20, 2008, addressed the required infrastructure elements for the 1997 8-hour ozone NAAQS.

EPA is proposing to determine pursuant to the Clean Air Act (CAA), that the Atlanta, Georgia, ozone nonattainment area (hereafter referred to as ``the Atlanta Area'' or ``the Area'') has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS) by its applicable attainment date of June 15, 2011. A determination of attainment was made by EPA on June 23, 2011, based on quality-assured and certified monitoring data for the 2008-2010 monitoring period. EPA is now proposing to find that the Atlanta Area attained the 1997 8-hour ozone NAAQS by its applicable attainment date. EPA is proposing this action because it is consistent with the CAA and its implementing regulations.

The U.S. Department of Energy (DOE) proposes to establish its test procedures for high-intensity discharge (HID) lamps under the Energy Policy and Conservation Act of 1975 (EPCA), as amended. The proposed test procedures are based on industry standard procedures and practices already established by the American National Standards Institute (ANSI), the Illuminating Engineering Society of North America (IES), and the International Commission on Illumination (Commission Internationale de l'Eclairage (CIE)). The proposed test procedures would include measurement of parameters to enable calculation of lamp efficacy (in lumens per watt or lm/W), and would also provide for the efficiency measurement of directional lamps using center beam intensity (in candelas) and beam angle. The proposed procedures would also measure lumen maintenance (i.e., the fraction or percentage of lamp light output relative to initial output, over time) at 40 percent and 70 percent of rated lamp lifetime. Correlated color temperature (CCT) and color rendering index (CRI) would also be measured as potential means to delineate equipment classes for HID lamps. This notice of proposed rulemaking (NOPR) also discusses DOE's conclusion that HID lamps do not operate or use energy in standby mode or off mode. Therefore, DOE does not propose test procedures for these modes.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. This proposed AD was prompted by four reports of retaining cross bolt hardware not fully engaged into the fuse pins of the forward trunnion lower housing of the main landing gear (MLG), which could result in an incorrect MLG emergency landing break-away sequence. This proposed AD would require a detailed inspection of the fuse pin cross bolts and fuse pins of the left and right MLG forward trunnion lower housing to verify that the cross bolts are correctly installed and that there are no missing fuse pins, and replacement of the fuse pins if necessary. We are proposing this AD to prevent an incorrect emergency landing MLG break-away sequence, which could result in puncturing of the wing box and consequent fuel leaks and an airplane fire. Failure of the fuse pins could also result in a premature landing gear collapse causing a runway excursion during take- off or landing.

EPA is taking final action to approve a request submitted on January 27, 2011, from the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to redesignate the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana (hereafter referred to as the ``Tri-state Cincinnati-Hamilton Area'') fine particulate matter (PM2.5) nonattainment area to attainment for the 1997 Annual PM2.5 National Ambient Air Quality Standards (NAAQS). The Tri-state Cincinnati-Hamilton Area is comprised of Boone, Campbell, and Kenton Counties in Kentucky (hereafter referred to as the ``Northern Kentucky Area'' or ``Area''); Butler, Clermont, Hamilton, and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. EPA's approval of the redesignation request is based on the determination that Kentucky has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act). Additionally, EPA is approving a revision to the Kentucky State Implementation Plan (SIP) to include the 1997 Annual PM2.5 maintenance plan for the Northern Kentucky Area that contains the new 2015 and 2021 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for that Area. On December 9, 2010, and January 25, 2011, respectively, Ohio and Indiana submitted requests to redesignate their portion of the Tri-state Cincinnati-Hamilton Area to attainment for the 1997 PM2.5 NAAQS. EPA is taking action on the requests from Ohio and Indiana in an action separate from this final action. This action also approves the emissions inventory submitted with the maintenance plan. Additionally, EPA is responding to comments received on EPA's October 21, 2011, proposed rulemaking.

The Postal Service seeks public comment on proposed revisions to the service standards for market-dominant mail products. The most significant revision would largely eliminate overnight service for First-Class Mail.

The FDIC is seeking public comment to amend the FDIC's regulations in accordance with the requirements of Federal Deposit Insurance Act (FDI Act). Specifically, to prohibit any insured savings association from acquiring and retaining a corporate debt security unless it determines, prior to acquiring such security and periodically thereafter, that the issuer has adequate capacity to meet all financial commitments under the security for the projected life of the investment. For purposes of the Proposed Rule, an issuer would satisfy this requirement if, based on the assessment of the savings association, the issuer presents a low risk of default and is likely to make full and timely repayment of principal and interest. As proposed, this standard is consistent with alternative creditworthiness standards proposed by other Federal agencies under the Dodd-Frank Act and existing guidance regarding securities investments and credit classifications of banks and savings associations. In connection with this NPR, the FDIC is also seeking public comment on proposed guidance, published elsewhere in today's Federal Register, that sets forth supervisory expectations for savings associations conducting due diligence to determine whether a corporate debt security is eligible for investment under this proposed rule.