January 23, 2012 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision amends Delaware's regulation that establishes controls for nitrogen oxides (NOX) emissions from industrial boilers and process heaters at petroleum refineries by including a NOX emission limit for the fluid catalytic cracking unit carbon monoxide (CO) boiler at the Delaware City Refinery and providing for a facility-wide NOx emission cap compliance alternative. This SIP revision also includes a demonstration that these amendments to the existing Delaware regulation will not interfere with the attainment or maintenance of any National Ambient Air Quality Standards (NAAQS) or any other applicable requirement of the Clean Air Act (CAA). This action is being taken under the CAA.

The EPA is proposing two separate and independent determinations regarding the Springfield (Western Massachusetts) moderate 1997 8-hour ozone nonattainment area. First, EPA is proposing to determine that the Western Massachusetts nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone, based upon complete, quality-assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 and 2008-2010 monitoring periods. Preliminary data for 2011 indicate the area continues to attain the standard. If this proposed determination is made final, under the provisions of EPA's ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. Second, based on complete, quality-assured and certified air monitoring data for 2007-2009, EPA is proposing to determine that the Western Massachusetts nonattainment area also attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.

EPA is proposing to approve the state implementation plan (SIP) submission, submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), to demonstrate that the State meets the requirements of sections 110(a)(1) and (2) with respect to sections 110(a)(2)(C) and (J), 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. TDEC certified that the Tennessee SIP contains provisions that ensure the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in Tennessee (hereafter referred to as ``infrastructure submission''). Tennessee's infrastructure submission, provided to EPA on December 14, 2007, and clarified in a subsequent May 28, 2009, submission, addressed the required infrastructure elements for the 1997 8-hour ozone NAAQS, however the subject of this notice is limited to infrastructure elements 110(a)(2)(C) and (J). All other applicable Tennessee infrastructure elements will be addressed in a separate rulemaking.

The Notices concerning unauthorized entry into or upon areas, buildings, and other facilities of the Paducah Gaseous Diffusion Plant, located in McCracken County, KY, published at (30 FR 13287, October 19, 1965 and at 45 FR 30106, May 7, 1980) are amended by substitution of the following descriptive language for the entirety of the former descriptions.

The U.S. Nuclear Regulatory Commission (NRC) is correcting the preamble, or statements of consideration (SOC), and the codified text in a final rule that was published in the Federal Register on June 21, 2011 (76 FR 36232). The final rule amended the NRC's regulations to incorporate by reference various editions and addenda to the ASME Boiler and Pressure Vessel (B&PV) Code, and the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The final rule also incorporated by reference (with conditions on their use) ASME B&PV Code Cases N-722-1 and N-770-1. This document is necessary to correct typographical, formatting, and punctuation errors.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by test reports showing that failure of a retract port flexible hose of a main landing gear (MLG) retraction actuator could cause excessive hydraulic fluid leakage. This proposed AD would require a detailed inspection for defects and damage of the retract port flexible hose on the left and right MLG retraction actuator, and replacement of the flexible hose if needed. We are proposing this AD to detect and correct defects and damage of the retract port flexible hose which could lead to an undamped extension of the MLG and could result in MLG structural failure, leading to an unsafe asymmetric landing configuration.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), and the Council on Environmental Quality (CEQ) and U.S. Department of Energy (DOE) regulations implementing NEPA, the National Nuclear Security Administration (NNSA), a semi-autonomous agency within DOE, announces its intention to prepare an environmental impact statement (EIS) for the disposition of the Bannister Federal Complex (BFC) (BFC Disposition EIS; DOE/EIS-0475). The 300-acre BFC is owned by NNSA and the General Services Administration (GSA). NNSA owns the portion of the BFC known as the Kansas City Plant (KCP), consisting of approximately 122 acres and 38 buildings. GSA owns the remainder of the site, consisting of approximately 175 acres and 13 buildings. Beginning in 2013, NNSA will relocate its operations from the KCP to a newly constructed industrial campus eight miles south of the BFC. Once the move is completed, NNSA's real property at the BFC will be excess to the needs of its mission and will be available for disposition. GSA is currently analyzing its occupancy of the BFC and is performing a separate Environmental Assessment (EA) to evaluate a future relocation option. Because GSA could also decide to relocate its operations away from the BFC, it is a cooperating agency for the preparation of this EIS, which will analyze the potential environmental impacts for the disposition of GSA real property in addition to NNSA real property. The BFC Disposition EIS will analyze the potential environmental impacts associated with reasonably foreseeable potential future uses of the property, which could be different from its current uses. These potential future uses include industrial, warehousing, and commercial/office uses. NNSA also will assess the potential environmental impacts of partial and/or complete demolition of some BFC structures. Because the proposed project could involve actions in wetlands, the EIS will include a wetland assessment.

The Federal Highway Administration (FHWA) has approved the request from the Indiana Department of Transportation to continue temporary closure of the I-64 Sherman-Minton Bridge over the Ohio River between Indiana and Kentucky for an indefinite period of time due to safety considerations. The approval is granted as an emergency deletion in accordance with section 658.11(e) due to the safety considerations discussed in this notice. The FHWA published a Notice and Request for Comment on October 27, 2011, at 76 FR 66775, seeking comments on the alternate routes selected by Indiana due to the deletion in accordance with section 658.11(e). No comments were received.

We propose to adopt a new airworthiness directive (AD) for certain Model 767-200 and -300 series airplanes. This proposed AD was prompted by reports of fatigue cracking on the lower main sill inner chord of the hatch opening of the overwing emergency exit. This proposed AD would require repetitive inspections for cracking, corrosion damage, and any other irregularity of the lower main sill inner chord and surrounding structure, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking on the lower main sill inner chord of the hatch opening of the overwing emergency exit, which could result in reduced structural integrity of the hatch opening of the overwing emergency exit and consequent rapid decompression of the airplane.

Notice is hereby given of two public meetings of the Committee on Rulemaking of the Assembly of the Administrative Conference of the United States. At these meetings, the committee will consider a draft report and a draft recommendation on the issue of midnight rules. Complete details regarding the committee meeting, the contours of the Midnight Rules Project, how to attend (including information about remote access and obtaining special accommodations for persons with disabilities), and how to submit comments to the committee can be found in the ``About'' section of the Conference's Web site, at https:// www.acus.gov. Click on ``About,'' then on ``The Committees,'' and then on ``Committee on Rulemaking.'' Comments may be submitted by email to Comments@acus.gov, with ``Committee on Rulemaking'' in the subject line, or by postal mail to ``Committee on Rulemaking Comments'' at the address given below.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by a report of a fire which started in the vicinity of an electrical panel that was fed by oxygen escaping from a damaged third crew person oxygen line that occurred while the airplane was on the ground. This proposed AD would require replacing and changing the routing of the flexible oxygen hose of the third crew person oxygen line and modifying the entrance compartment assembly. We are proposing this AD to prevent the possibility of damage to the third crew person oxygen line and an oxygen-fed fire in the airplane.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board on Coastal Engineering Research.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine (1) the practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. 1. Title and Purpose of information collection: Application for Benefits Due but Unpaid at Death; OMB 3220-0055. Under Section 2(g) of the Railroad Unemployment Insurance Act (RUIA), benefits that accrued but were not paid because of the death of the employee shall be paid to the same individual(s) to whom benefits are payable under Section 6(a)(1) of the Railroad Retirement Act. The provisions relating to the payment of such benefits are prescribed in 20 CFR 325.5 and 20 CFR 335.5. The RRB provides Form UI-63 for use in applying for the accrued sickness or unemployment benefits unpaid at the death of the employee and for securing the information needed by the RRB to identify the proper payee. One response is requested of each respondent. Completion is required to obtain a benefit. Previous Requests for Comments: The RRB has already published the initial 60-day notice (76 FR 63960 on October 14, 2011) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

The Visiting Committee on Advanced Technology (VCAT or Committee), National Institute of Standards and Technology (NIST), will meet Wednesday, February 8, 2012, from 8:30 a.m. to 5 p.m. Eastern Standard Time and Thursday, February 9, 2012, from 8:30 a.m. to 3 p.m. Eastern Standard Time. The VCAT is composed of fifteen members appointed by the Under Secretary of Commerce for Standards and Technology who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River and Cambridge Channel in order to safeguard high-ranking public officials from terrorist acts and incidents. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.

The Coast Guard is establishing a temporary safety zone around the Export Grain Terminal located on the Columbia River in Longview, WA. This safety zone extends to waters of the Columbia River approximately between the navigable channel and the Export Grain Terminal in Longview, WA. This safety zone is being implemented to ensure that protest activities associated with the opening of the Export Grain Terminal to maritime traffic does not result in hazardous navigation conditions in the area of the terminal's piers and wharves.

Summary of Application: The order would permit the Company to purchase equity interests in Main Street Capital II, LP (``MSC'') from certain persons who are affiliated with the Company.

As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.