April 4, 2013 – Federal Register Recent Federal Regulation Documents

The Office of Surface Mining Reclamation and Enforcement (OSM) proposes to revise its Federal and Indian Lands Program regulations for the purposes of adjusting the existing permit fees and assessing new fees to recover the actual costs for permit review and administration and permit enforcement activities provided to the coal industry. These fees are authorized under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the Independent Offices Appropriations Act of 1952 (IOAA). The fees would be used to offset OSM's costs for processing various permit applications and related actions, administering those permits over their lifecycle, and performing required inspections. The proposed fees would be applicable to permits for coal mining on lands under OSM's direct regulatory jurisdiction. The proposed fees would also be applicable to coal mining on Indian lands where OSM is the regulatory authority. The primary purpose of this rulemaking is to charge the surface coal mining and reclamation operations that benefit from obtaining and operating under surface coal mining and reclamation permits for OSM's costs to review, administer, and enforce those permits instead of passing those costs on to the general public.

On March 26, 2013, EPA granted reconsideration of the compliance date for the Best Available Retrofit Technology (BART) emission limits for oxides of nitrogen (NOX) for Units 1, 2, and 3 at the Reid Gardner Generating Station (RGGS) and proposed to extend the compliance date by 18 months, from January 1, 2015, to June 30, 2016. EPA is holding a public hearing on April 29, 2013, to accept written and oral comments on this proposed action. The comment period for this action was scheduled to close on May 28, 2013. EPA is extending the comment period to May 30, 2013 to allow for a full 30-day period for the submission of additional public comment following the public hearing.

This final rule implements Amendment 19 to the Northeast Multispecies Fishery Management Plan. The New England Fishery Management Council developed Amendment 19 to modify management measures that currently govern the small-mesh multispecies fishery, including the accountability measures, the year-round possession limits, and total allowable landings process. Amendment 19 was approved by NMFS on January 15, 2013.

EPA is taking final action to amend the federal regulations to withdraw certain human health and aquatic life water quality criteria applicable to waters of New Jersey, Puerto Rico, and California's San Francisco Bay. In 1992, EPA promulgated the National Toxics Rule or NTR to establish numeric water quality criteria for 12 states and two Territories, including New Jersey, Puerto Rico and parts of California. On May 18, 2000, EPA then promulgated a final rule known as the California Toxics Rule or CTR in order to establish numeric water quality criteria for priority toxic pollutants for the State of California that were not previously in the NTR. These two states and one territory have now adopted, and EPA has approved, water quality criteria for certain pollutants included in the NTR. Since California, New Jersey, and Puerto Rico now have criteria that are applicable water quality standards for purposes of the Clean Water Act, EPA has determined that the federally promulgated criteria are no longer needed for these pollutants. In today's action, EPA is amending the federal regulations to withdraw those certain criteria applicable to California, New Jersey, and Puerto Rico as described in the April 5, 2012 proposed rule. The withdrawal of the federally promulgated criteria will enable New Jersey, Puerto Rico, and California to implement their EPA-approved water quality criteria.

EPA is making two separate and independent determinations regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone nonattainment area (the Pittsburgh Area). First, EPA is making a determination that the Pittsburgh Area attained the 1997 8-hour ozone national ambient air quality standard (NAAQS) by the applicable attainment date of June 15, 2010. This determination is based upon complete, quality assured, and certified ambient air monitoring data for the 2007-2009 monitoring period showing monitored attainment of the 1997 8-hour ozone NAAQS. Second, EPA is making a determination that the Pittsburgh Area is attaining the 1997 8-hour ozone NAAQS, based on complete, quality assured, and certified ambient air monitoring data for the 2009-2011 monitoring period, and preliminary data for 2012. This final determination suspends the requirement for the Pittsburgh Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures related to attainment of the 1997 8-hour ozone NAAQS for so long as the area continues to attain that NAAQS. These determinations do not constitute a redesignation to attainment. The Pittsburgh Area will remain designated nonattainment for the 1997 8- hour ozone NAAQS until such time as EPA determines that the Pittsburgh Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. These actions are being taken under the CAA.

The Coast Guard announces a public meeting to take place on April 25, 2013, in Houston, Texas to receive comments on a notice of proposed rulemaking published in the Federal Register on March 22, 2013, under the title ``Transportation Worker Identification Credential (TWIC)Reader Requirements.'' The Coast Guard encourages members of the public to attend this meeting and provide oral comments on the notice of proposed rulemaking on TWIC reader requirements.

The National Indian Gaming Commission (NIGC or Commission) amends its regulation for the review and approval of petitions seeking the issuance of a certificate for tribal self-regulation of Class II gaming.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model SA-365N1, AS-365N2, and AS 365 N3 helicopters. This AD requires revising the Limitations section of the Rotorcraft Flight Manual (RFM) to prohibit flight in instrument meteorological conditions (IMC) or night visual flight rules (VFR) for each helicopter with a vertical gyro unit GV76-1 installed upon a non- reinforced shelf in the rear cargo compartment. Also, this AD requires modifying the GV76-1 vertical gyro unit shelf and testing for correct function of the navigation systems. This AD was prompted by flight crew reports of deviations between the displayed attitude on the attitude display screen and the independent electromechanical standby attitude indicator. The actions of this AD are intended to prevent an undetected flight display error of a slow drift in the roll axis, disorientation of the pilot, and subsequent loss of control of the helicopter.

We are revising an existing airworthiness directive (AD) for all Cessna Aircraft Company (Cessna) Models 190, 195 (L-126A,B,C), 195A, and 195B airplanes that are equipped with certain inboard aileron hinge brackets. That AD currently requires you to repetitively inspect the affected inboard aileron hinge brackets for cracks or corrosion and replace them if cracks or corrosion is found. Replacement with aluminum brackets would terminate the need for the repetitive inspections. This new AD retains the actions of AD 2004-21-08 while requiring future compliance following a revised service bulletin that clarifies the casting numbers and part numbers to be inspected. This AD was prompted by reports of confusion between the casting number on the aileron hinge bracket and the part number (P/N) called out in the AD. We are issuing this AD to correct the unsafe condition on these products.