August 27, 2015 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Sacramento County highway bridge across Sacramento River, mile 46.0, at Freeport, CA. The deviation is necessary to allow the bridge owner to replace bridge counterweight bolts. This deviation allows single leaf operation of the double bascule highway bridge during the deviation period.

The Environmental Protection Agency (EPA) is announcing three public hearings to be held for three proposed rules titled, ``Source Determination for Certain Emission Units in the Oil and Natural Gas Sector,'' ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources,'' and ``Review of New Sources and Modifications in Indian Country: Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country.'' Two hearings will be held on September 23, 2015, simultaneouslyone in Denver, CO, and one in Dallas, TX. One hearing will be on September 29, 2015, in Pittsburgh, PA.

The Food and Drug Administration (FDA) is classifying Clostridium difficile (C. difficile) toxin gene amplification assay into class II (special controls). The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

The Environmental Protection Agency (EPA) is proposing three separate and independent determinations related to the 36 areas that are currently classified as ``Marginal'' for the 2008 ozone National Ambient Air Quality Standards (NAAQS). First, the EPA is proposing to determine that 17 areas attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2015, based on complete, quality-assured and certified ozone monitoring data for 2012-2014. Second, the EPA is proposing to grant 1-year attainment date extensions for eight areas on the basis that the requirements for such extensions under the Clean Air Act (CAA or Act) have been met. Third, the EPA is proposing to determine that 11 areas failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20, 2015, and that they are not eligible for an extension, and to reclassify these areas as ``Moderate'' for the 2008 ozone NAAQS. Once reclassified as Moderate, states must submit State Implementation Plan (SIP) revisions that meet the statutory and regulatory requirements that apply to 2008 ozone NAAQS nonattainment areas classified as Moderate. In this action, the EPA is proposing and taking comment on two options for the deadline by which states would need to submit to the EPA for review and approval the SIP revisions required for Moderate areas once their areas are reclassified.

On March 26, 2015, the U.S. Nuclear Regulatory Commission (NRC) requested public comment on a proposed rule that would amend its regulations that govern low-level radioactive waste (LLRW) disposal facilities. The proposed rule would require new and revised site- specific technical analyses, permit the development of site-specific criteria for LLRW acceptance based on the results of those analyses, facilitate implementation, and better align the requirements with current health and safety standards. Also on March 26, 2015, the NRC requested comment on draft guidance to address the implementation of the proposed regulations (NUREG-2175, ``Guidance for Conducting Technical Analyses for 10 CFR part 61''). The public comment period for the proposed rule and draft guidance closed on July 24, 2015. The NRC is reopening the public comment periods for the proposed rule and draft guidance to allow more time for members of the public to develop and submit their comments.

NMFS proposes management measures recommended by the New England Fishery Management Council in Framework Adjustment 4 to the Atlantic Herring Fishery Management Plan to further enhance catch monitoring and address discarding in the herring fishery. NMFS proposes measures that would clarify the slippage definition (i.e., discarding catch before it has been sampled by an observer), require limited access herring vessels to report slippage via the daily vessel monitoring system catch report, and require slippage consequence measures. NMFS also proposes management measures recommended by the Council in Framework 4 that would require volumetric estimates of total catch and fish holds to be empty of fish before vessels depart on a herring trip and seeks public comment on specific issues with these measures identified by NMFS. Lastly, NMFS proposes minor corrections to existing regulations.

Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) was designated in September 1992. It spans 4,601 square nautical miles (6.094 square miles) of marine waters off the central California coast, encompassing several large, nearshore submarine canyons, an offshore seamount and numerous marine habitats representative of the central California coastal and marine ecosystem. The present management plan was written and published in 2008 along with a final environmental impact statement in accordance with the National Environmental Policy Act (NEPA). In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the MBNMS management plan, to evaluate substantive progress toward implementing the goals for the sanctuary, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipates regulatory and management plan changes will require preparation of an environmental analysis under the National Environmental Policy Act (NEPA). NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types and significance of issues related to the MBNMS management plan and regulations and the proper scope of environmental review for the project. The scoping meetings are scheduled as detailed below.

We are adopting a new airworthiness directive (AD) for certain serial number (S/N) GE Aviation Czech s.r.o. M601E-11, M601E-11A, and M601F turboprop engines with certain part number (P/N) gas generator turbine (GGT) blades, installed. This AD requires removing from service any affected engine with certain GGT blades installed. This AD was prompted by the determination that certain GGT blades are susceptible to blade failure. We are issuing this AD to prevent GGT blade failure, which could lead to engine failure and loss of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-212, -214, -232, and -233 airplanes. This proposed AD was prompted by a report of a crack found during an inspection of the pocket radius of the fuselage frame. This proposed AD would require repetitive low frequency eddy current inspections or repetitive high frequency eddy current inspections of this area, and repair if necessary. The repair terminates the repetitive inspections. We are proposing this AD to detect and correct any cracking of the pocket radius, which could lead to in-flight decompression of the airplane and possible injury to the passengers.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.9Z, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.

This action proposes to establish Class E en route domestic airspace in the International Falls, MN area, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Minneapolis Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and efficiency of aircraft operations within the National Airspace System (NAS).

The Environmental Protection Agency (EPA) is proposing a new subpart that updates the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (Emission Guidelines). The EPA determined that it was appropriate to review the landfills Emission Guidelines based on changes in the landfills industry since the Emission Guidelines were promulgated in 1996. The EPA's review of the Emission Guidelines for municipal solid waste (MSW) landfills applies to landfills that accepted waste after November 8, 1987, and commenced construction, reconstruction, or modification on or before July 17, 2014. Based on its initial review, the EPA has determined that it is appropriate to propose revisions to the Emission Guidelines that reflect changes to the population of landfills and the results of an analysis of the timing and methods for reducing emissions. This action proposes to achieve additional reductions of landfill gas (LFG) and its components, including methane, by lowering the emissions threshold at which a landfill must install controls. This action also incorporates new data and information received in response to an advanced notice of proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system. In addition to considering information received in response to this proposed rule in evaluating potential changes to the Emission Guidelines, the EPA intends to consider the information in evaluating whether changes to the requirements for new sources beyond those in the July 17, 2014, proposed rule for new sources are warranted. The proposed revisions to the Emission Guidelines, once implemented through revised state plans or a revised federal plan, would reduce emissions of LFG, which contains both nonmethane organic compounds and methane. Landfills are a significant source of methane which is a potent greenhouse gas (GHG) pollutant. These avoided emissions will improve air quality and reduce public health and welfare effects associated with exposure to landfill gas emissions.

The Environmental Protection Agency (EPA) is issuing this supplemental proposal for the Standards of Performance for Municipal Solid Waste (MSW) Landfills to address the nonmethane organic compound (NMOC) emission rate threshold at which an affected MSW landfill must install controls. The EPA is in the process of reviewing the Standards of Performance for MSW Landfills based on changes in the landfills industry since the standards were promulgated in 1996 and issued a proposed rulemaking on July 17, 2014. The EPA's review of the Standards of Performance for MSW Landfills (also referred to as the New Source Performance Standards or NSPS for MSW Landfills) applies to landfills that commenced construction, reconstruction, or modification after July 17, 2014. This document proposes to achieve additional reductions of landfill gas (LFG) and its components, including methane, through a lower emission threshold at which MSW landfills must install and operate a gas collection and control system (GCCS). This document supplements the proposed July 17, 2014, rulemaking by further lowering, from 40 megagrams per year (Mg/yr) to 34 Mg/yr, the proposed NMOC emissions threshold at which controls would be required. This change to the 2014 proposed threshold is based on additional data we have reviewed that indicate greater potential for reductions in methane emissions from these sources than we originally estimated that can be achieved at reasonable cost. Accordingly, the EPA is proposing to establish the NMOC emission rate threshold for installing a GCCS at 34 Mg/yr and is requesting comment specifically on whether this is appropriate. The EPA is also soliciting comment on the number of facilities that might ultimately become subject to proposed new subpart XXX. The EPA intends to consider the information received in response to this supplemental proposal prior to finalizing revised Standards of Performance for MSW Landfills. The EPA is seeking comment only on the two issues addressed by this supplemental proposal and the supplemental proposal does not otherwise reopen the comment period for the July 17, 2014, proposed rule.

The Environmental Protection Agency (EPA) is taking direct final action to approve an element 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 Ozone (O3), 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.

This document contains final and temporary regulations relating to the allocation of W-2 wages for purposes of the W-2 wage limitation on the amount of a taxpayer's deduction related to domestic production activities. Specifically, the temporary regulations provide guidance on: the allocation of W-2 wages paid by two or more taxpayers that are employers of the same employees during a calendar year; and the determination of W-2 wages if the taxpayer has a short taxable year. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking (REG-136459-09) on this subject in the Proposed Rules section in this issue of the Federal Register.