July 2014 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve a limited maintenance plan submitted by the State of New Mexico, dated November 1, 2013, for the Grant County maintenance area for the 1971 sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). New Mexico submitted this limited maintenance plan to fulfill the second 10-year maintenance plan requirement, under section 175A(b) of the Clean Air Act (CAA), to ensure maintenance of the 1971 SO2 NAAQS through 2025. The EPA is also proposing to approve a monitoring network modification for the area. The EPA is proposing to approve these revisions pursuant to the CAA.

The Environmental Protection Agency (EPA) is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on January 14, 2014, for the purpose of removing an outdated rule. This action amends the SIP to remove a rule that was originally approved in 1972 but has now been rescinded. The rule's purpose was to control emissions from all vehicles subject to required vehicle safety inspections in areas outside of the Kansas City, Springfield, and St. Louis metropolitan areas. Vehicle manufacturers now produce newer technology in exhaust emissions equipment in order to meet more stringent Federal motor vehicle standards.

The Environmental Protection Agency (EPA) is proposing to take direct final action to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on January 14, 2014, for the purpose of removing an outdated rule. This action amends the SIP to remove a rule that was originally approved in 1972 but has now been rescinded. This rule refers to exhaust emission control components that are no longer manufactured. Vehicle manufacturers now produce newer technology in exhaust emissions equipment in order to meet more stringent Federal motor vehicle standards.

This action establishes Class E airspace at the Truth or Consequences VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Truth or Consequences, NM, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Albuquerque Air Route Traffic Control Center (ARTCC). This improves the safety and management of IFR operations within the National Airspace System.

This regulation prescribes the procedures and standard terms and conditions applicable to loan guarantees to be issued for the benefit of the Republic of Tunisia pursuant to Title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012, as applied to FY 2013 funding by section 1706(j) of the Further Continuing Appropriations Act, 2013.

In this final rulemaking, the Environmental Protection Agency (EPA) is amending three separate sets of regulations relating to fuels. In amendments to the renewable fuels standard (RFS) program regulations, EPA is clarifying the number of cellulosic biofuel renewable identification numbers that may be generated for fuel made with feedstocks of varying cellulosic content, is specifying new and amended pathways for the production of renewable fuels made from biogas, and is clarifying or amending a number of RFS program regulations that define terms or address registration, recordkeeping, and reporting requirements. EPA is also making various changes to the misfueling mitigation regulations for gasoline that contains greater than 10 volume percent ethanol and no more than 15 volume percent ethanol (E15) and to the survey requirements associated with the ultra- low sulfur diesel program.

The Coast Guard is modifying the operating schedule that governs the Hatchett Creek (US-41) Twin Bridges, Gulf Intracoastal Waterway mile 56.9, Venice, FL. Changing the operational schedule of the Hatchett Creek (US-41) Twin Bridges will allow the 8 hour, Sarasota Iron Man Triathlon to occur annually without being interrupted. This event is anticipated to be scheduled annually on the second Sunday of November, from 9 a.m. to 5 p.m.

The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations to establish a new restricted area in the waters surrounding U.S. Coast Guard Sector Jacksonville facilities at Station Mayport, Jacksonville, Florida (Station Mayport). Station Mayport is situated on the south side of the St. Johns River which, as the primary federal navigable channel entering the Port of Jacksonville, is heavily transited by commercial and recreational vessels. This United States Coast Guard (USCG) facility maintains a high operational tempo for both routine and emergency operations. The amendment to the existing regulations is necessary to enhance the USCG's ability to counter postulated threats against their personnel, equipment, cutters, and facilities by providing a stand-off buffer encompassing the waters immediately contiguous to the Station Mayport. The amendment will also serve to protect the general public from injury or property damage during routine and emergency USCG operations and provide an explosive safety arc buffer during periodic transfer of ammunitions between units, including cutters.

The U.S. Department of Energy (DOE) is initiating this rulemaking and data collection process to consider establishing energy conservation standards for computer and battery backup systems (computer systems). To inform interested parties and to facilitate this process, DOE has prepared a framework document that details the analytical approach and scope of coverage for the rulemaking, and identifies several issues on which DOE is particularly interested in receiving comments. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and issues it will address in this rulemaking proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. A copy of the Framework Document is available at: www1.eere.energy.gov/buildings/appliance standards/product.aspx/productid/81

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318 series airplanes, Model A319 series airplanes, Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321 series airplanes. This proposed AD was prompted by a report of a circumferential crack at the gland retaining-ring groove of certain retraction actuators on the main landing gear (MLG). This proposed AD would require an inspection to identify the part numbers of MLG retraction actuators and replacement of certain MLG retraction actuators. We are proposing this AD to prevent MLG retraction actuator failure that could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing or rollout, and consequent damage to the airplane and injury to the occupants.

The Environmental Protection Agency is announcing that the period for providing public comments on the June 5, 2014, advanced notice of proposed rulemaking for ``Managing Emissions from Oil and Natural Gas Production in Indian Country'' is being extended by 30 days.

Due to the receipt of adverse comments, EPA is withdrawing the direct final rule for Administrative Wage Garnishment published in the Federal Register on July 2, 2014.

These special conditions are issued for the Embraer Model ERJ- 190 airplane. This airplane will have a novel or unusual design feature associated with an enhanced flight-vision system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Idaho (Idaho or the State) on April 21, 2014, to amend the Portneuf Valley maintenance plan for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The SIP revision updates the on-road motor vehicle emissions inventory and motor vehicle emissions budgets (MVEBs) using the EPA's Motor Vehicle Emissions Simulator (MOVES2010b) and the most recent road dust emission factors. This rulemaking action approves the SIP revision and thereby makes the MVEBs available for transportation conformity purposes. The EPA is approving this SIP revision because it is consistent with the Clean Cir Act (CAA).

The NTSB is withdrawing its Notice of Proposed Rulemaking (NPRM) published on September 19, 2013. The proposed change in the NPRM would have required the Federal Aviation Administration (FAA) to provide releasable portions of the enforcement investigative report (EIR) to each respondent in emergency cases.

The NTSB is correcting a final rule published September 19, 2013, which inadvertently included an incorrect pronoun. This correction is a minor change to ensure consistency in the NTSB's references to the Administrator of the Federal Aviation Administration.

On August 16, 2012, the Environmental Protection Agency (EPA) published final new source performance standards for the oil and natural gas sector. The Administrator received petitions for administrative reconsideration of certain aspects of the standards. Among issues raised in the petitions were time-critical issues related to certain storage vessel provisions and well completion provisions. On September 23, 2013, the EPA published final amendments as a result of reconsideration of issues related to implementation of the storage vessel provisions. Following that action, the Administrator again received petitions for administrative reconsideration pertaining to the storage vessel provisions. In this notice, the EPA is announcing proposed amendments and clarifications as a result of reconsideration of certain issues related to well completions and additional issues pertaining to storage vessels. The proposed amendments also address other issues raised for reconsideration and make technical corrections and amendments to further clarify the rule.

The purpose of this Advanced Notice of Proposed Rulemaking (ANPRM) is to request public input on methods to reduce emissions from existing municipal solid waste (MSW) landfills. The Environmental Protection Agency (EPA) intends to consider the information received in response to the ANPRM in evaluating whether additional changes beyond those in the proposed revisions for new sources are warranted. MSW landfill emissions are commonly referred to as ``landfill gas'' or ``LFG'' and contain methane, carbon dioxide (CO2), and nonmethane organic compounds (NMOC). Some existing landfills are currently subject to control requirements in either the landfill new source performance standards (NSPS) or the federal or state plans implementing the landfill emission guidelines; both the NSPS and emission guidelines were promulgated in 1996. The EPA believes that these guidelines merit review to determine the potential for additional reductions in emissions of LFG. Such reductions would reduce air pollution and the resulting harm to public health and welfare. Significant changes have occurred in the landfill industry over time, including changes to the size and number of existing landfills, industry practices, and gas control methods and technologies. The ANPRM recognizes changes in the population of landfills and presents preliminary analysis regarding methods for reducing emissions of LFG. In determining whether changes to the emission guidelines are appropriate, the EPA will, in addition to evaluating the effectiveness of various methods for reducing emissions of LFG, consider the total methane emission reductions that can be achieved in addition to the reductions of NMOC emissions. The EPA is also seeking input on whether it should regulate methane directly. The ANPRM also addresses other regulatory issues including the definition of LFG treatment systems and requirements for closed areas of landfills, among other topics.

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Lead (Pb), which requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

EPA is proposing to approve changes to Wyoming's State Implementation Plan (SIP). On February 10, 2014, the Wyoming Department of Environmental Quality (WDEQ) submitted to EPA revisions to the Wyoming SIP. These revisions included edits to Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 3, section 2(d). In this action, EPA is proposing to approve the revisions of this provision into the SIP because the revisions are consistent with Clean Air Act (CAA) requirements. The revisions will correct certain deficiencies related to the correct treatment of excess emissions from sources. EPA will address the remaining revisions from Wyoming's February 10, 2014 submission in separate actions.

The Environmental Protection Agency (EPA) is proposing to approve the Alaska State Implementation Plan (SIP) as meeting specific infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for fine particulate matter (PM2.5) on July 18, 1997, and October 17, 2006, and for ozone on March 12, 2008. Whenever a new or revised NAAQS is promulgated, the CAA requires states to submit a plan for the implementation, maintenance and enforcement of such NAAQS. The plan is required to address basic program elements, including but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to implement, maintain, and enforce the standards. These elements are referred to as infrastructure requirements. As discussed further below, final action is contingent upon the EPA first taking final action on separately- submitted revisions to the Alaska SIP to reflect changes to the NAAQS and associated Federal prevention of significant deterioration permitting requirements. Final action on those SIP revisions will be addressed in a separate action.

On April 21, 2014, the U.S. Department of Energy (DOE) published a final rule in the Federal Register that amended the test procedure for refrigerators, refrigerator-freezers, and freezers (79 FR 22320). Due to drafting errors, that document incorrectly listed the name of a third-party test procedure that was incorporated by reference. This final rule corrects those errors.

NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of Pacific ocean perch in the West Yakutat District of the GOA.

NMFS extends for 15 days the comment period on the proposed rule to implement special management zones for five Delaware artificial reefs.