February 2017 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, submitted through the Tennessee Department of Environment and Conservation (TDEC), on November 21, 2016. This SIP revision was submitted in support of the State's request that EPA change the federal Reid Vapor Pressure (RVP) requirements for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties (hereinafter referred to as the ``Middle Tennessee Area'' or ``Area''). Tennessee's November 21, 2016, SIP submittal revises its maintenance plan for the Middle Tennessee Area for the 1997 8-hour ozone national ambient air quality standard (NAAQS) and demonstrates that relaxing the federal RVP requirements in this Area would not interfere with the Area's ability to meet the requirements of the Clean Air Act (CAA or Act). Specifically, Tennessee's SIP revision concludes that relaxing the federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Area would not interfere with attainment or maintenance of the NAAQS or with any other CAA requirement. EPA is proposing to determine that Tennessee's November 21, 2016, SIP revision is consistent with the applicable provisions of the CAA.

The Board of Governors (Board) is publishing a final rule that applies an inflation adjustment to the $10 billion total consolidated asset threshold in Regulation I, which implements the provision of the ``Fixing America's Surface Transportation Act'' (FAST Act) that sets the dividend rate that member banks with more than $10 billion in total consolidated assets earn on their Federal Reserve Bank (Reserve Bank) stock. The FAST Act requires that the Board annually adjust the $10 billion total consolidated asset threshold to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis. Based on the change in the Gross Domestic Product Price Index as of September 29, 2016, the total consolidated asset threshold will be $10,122,000,000 through December 31, 2017.

In the January 4, 2017 Federal Register, the Environmental Protection Agency (EPA) requested comments by March 6, 2017 on a proposed rule pertaining to Clean Air Act requirements for regional haze and interstate visibility transport. This proposal would promulgate a Federal Implementation Plan (FIP) to address the Clean Air Act requirement for eligible electric generating units (EGUs) in Texas to install and operate the Best Available Retrofit Technology (BART). This proposal would also disapprove a portion of the Texas State Implementation Plan (SIP) that evaluated BART for Particulate Matter (PM) at EGUs. In addition, this proposal reconsiders earlier disapprovals of portions of several SIP revisions submitted to satisfy the requirement to address interstate visibility transport for six National Ambient Air Quality Standards (NAAQS), newly proposing that they be disapproved and that the proposed EGU BART FIP would satisfy any FIP obligation for interstate visibility transport that would follow from those disapprovals. EPA is extending the public comment period for this proposal until May 5, 2017.

The National Labor Relations Board amends its procedural Rules and Regulations to: Reflect modern technology, such as E-Filing, and eliminate references to telegraphs, carbon copies, and the requirements for hard copy submissions and multiple copies; use more plain language and eliminate legalistic terms such as ``therefrom,'' ``thereupon,'' ``therein,'' ``herein,'' and ``said;'' reorganize the Rules and add headings so that the subject matter is easier to find; incorporate current practices that had not been included in the published Rules, such as the Board's Alternative Dispute Resolution Program; and update and streamline procedural provisions of the FOIA regulations. The amendments also clarify the means by which documents are filed and service is made by the parties and the Board. They also promote the parties' use of E-Filing, which will facilitate sharing documents with the public. These revisions are procedural rather than substantive.

This action proposes to establish temporary restricted area R- 5602, over the Fort Sill, OK, R-5601 restricted area complex, to support the U.S. Army Maneuver & Fires Integration Experiment (MFIX) 2018 scheduled for December 2017. MFIX 2018 is planned to exercise hazardous laser operations conducting counter unmanned aircraft systems (UAS) activities. The temporary restricted area would be in effect from December 4 through December 15, 2017.

This action proposes to establish temporary restricted areas R-2509E, R-2509W, and R-2509N, Twentynine Palms, CA, to support a Marine Expeditionary Brigade level Large Scale Exercise (LSE) planned for existing and newly acquired training lands at Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms from August 7 to August 26, 2017.

The Coast Guard is establishing a temporary special local regulation on the Black Warrior River extending the entire width of the river from mile marker 339.0 to mile marker 341.5 in Tuscaloosa, AL. The special local regulation is needed to protect the persons participating in the NCAA Collegiate Rowing Competition marine event. This rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Mobile.

NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan (Plan) and codified regulations for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). In addition, NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC. These measures include the sport fishery allocations and management measures for Area 2A. These actions are intended to conserve Pacific halibut, provide angler opportunity where available, and minimize bycatch of overfished groundfish species.

On December 23, 2016, the Environmental Protection Agency (EPA) published a Notice of Intent for Partial Deletion (81 FR 94295) and a direct final Notice of Partial Deletion (81 FR 94262) for the North Penn Area 6 Superfund Site located in Lansdale Borough, Montgomery County, Pennsylvania, from the National Priorities List. The EPA is withdrawing the direct final Notice of Partial Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Partial Deletion in the Federal Register based on the parallel Notice of Intent for Partial Deletion and place a copy of the final partial deletion package, including a Responsiveness Summary, if prepared, in docket EPA-HQ-SFUND-1989-0008, accessed through the https://www.regulations.gov Web site and in the Site repositories.

We are approving specifications for the 2017 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also projecting quotas for 2018-2019. This action is necessary to establish allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2017 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan.

On December 27, 2016, the Environmental Protection Agency (EPA) proposed a rule titled, ``National Emission Standards for Hazardous Air Pollutants (NESHAP): Publicly Owned Treatment Works (POTW).'' The EPA is extending the comment period on the proposed rule that was scheduled to close on February 27, 2017, by 30 days until March 29, 2017. The EPA is making this change based on one request for additional time to prepare comments on this proposed rule.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the lower deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. The deviation is necessary to support the Shamrock Run event. This deviation allows the lower span of the Steel Bridge to remain in the closed-to- navigation position to allow for the safe passage of participates in the Shamrock Run event across the bridge.

Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review,'' the Department of Agriculture's Food Safety and Inspection Service (FSIS) is extending by 30 days the public comment period for this proposed rule, which was published on January 19, 2017.

We are adopting a new airworthiness directive (AD) for certain Textron Aviation Inc. Model 560XL airplanes. This AD requires inspections of the fuel tube and right alternating current (AC) generator wires. This AD was prompted by reports of inadequate separation between the electrical wire bundle and fuel tube. We are issuing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain Rolls-Royce Corporation (RRC) AE 3007C and 3007C1 model turbofan engines. This proposed AD was prompted by analysis and by cracks found in the high-pressure turbine (HPT) wheel during an inspection. This proposed AD would require replacement of the affected HPT wheels at new, lower life limits. We are proposing this AD to correct the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) all The Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD was prompted by reports of paint deterioration on the surface of the main landing gear (MLG) and the early onset of corrosion in the trunnion bore of the MLG outer cylinder. This AD requires identifying affected parts, repetitive external surface detailed inspections for damage of affected parts, and related investigative and corrective actions if necessary. For certain airplanes, this AD also requires a detailed inspection and bushing replacement of the trunnion bore, and related investigative and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ, EMB- 135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR airplanes. This AD was prompted by reports of main airspeed indication discrepancies during flight; these discrepancies resulted from ice blockages in certain pitot total pressure lines. This AD requires an inspection for tube misalignment of the pitot number 1 and pitot number 2 tube assembly lines, and corrective actions if necessary; installation or replacement (as applicable) of a tube ribbon heater on the pitot number 1 and pitot number 2 tube assembly lines; and revision of the airplane flight manual (AFM) to provide certain procedures and airspeed tables for the flightcrew. We are issuing this AD to address the unsafe condition on these products.

NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2017 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA.

The Coast Guard is modifying the operating regulation that governs the Bayview (State Route 42/57) Bridge, Mile 3.0, Maple-Oregon Bridge, Mile 4.17, and Michigan Street Bridge, Mile 4.3, all over Sturgeon Bay Ship Canal in Sturgeon Bay, WI, to allow testing of the remote operation equipment for all three drawbridges. The operating schedules are not changing. The three drawbridges will be remotely operated by a single tender throughout the 2017 navigation season with request for comments from all stakeholders on the safety and effectiveness of the remote operation arrangement.

On September 29, 2016, the Administrator of the World Trade Center (WTC) Health Program received a petition to add autoimmune diseases, including rheumatoid arthritis, to the List of WTC-Related Health Conditions (List). Upon reviewing the information provided by the petitioner, the Administrator has determined that Petition 014 is not substantially different from Petitions 007, 008, 009, 011, and 013, which also requested the addition of autoimmune diseases, including various subtypes. The Administrator has published responses to the five previous petitions in the Federal Register and has determined that Petition 014 does not provide additional evidence of a causal relationship between 9/11 exposures and autoimmune diseases, including rheumatoid arthritis. Accordingly, the Administrator finds that insufficient evidence exists to request a recommendation of the WTC Health Program Scientific/Technical Advisory Committee (STAC), to publish a proposed rule, or to publish a determination not to publish a proposed rule.

On June 15, 2010, VA published a document in the Federal Register eliminating redundant provisions from its loan guaranty regulations following the implementation of a new electronic reporting system and redesignating the section numbers of these regulations. At that time, VA did not update cross-reference citations to conform to the redesignated sections. A subsequent notice updated some, but not all, cross-reference citations. VA is now updating the remaining non- substantive, cross-reference citations for clarity and accuracy.

The Department of Veterans Affairs published in the Federal Register on January 19, 2017, an interim final rulemaking adding a new section authorizing in vitro fertilization (IVF) for a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. In addition, we added a new section authorizing VA to provide fertility counseling and treatment using assisted reproductive technologies (ART), including IVF, to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. These sections contain an error regarding the expiration date VA's authority to provide health care services. This document corrects the errors and does not make any substantive change to the content of the interim final rule.

NMFS is hereby making a technical amendment to our regulations without altering the substance of the regulations. These changes will clarify our regulations to make them more easily understood by the public. As a result of a previously published final rule to implement Regulatory Amendment 16 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP), that published in the Federal Register on December 29, 2016, NMFS has identified a section of the regulations for black sea bass pot commercial trip limits in need of clarification. This rule does not make any substantive changes to the regulations governing South Atlantic snapper-grouper or to other species managed by NMFS.

The U.S. Department of Agriculture (USDA) is extending by 30 days the deadline to submit comments on the proposed rule to designate 12 product categories for federal procurement, which was published on January 13, 2017 (82 FR 4206) under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill), as amended by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), and further amended by the Agricultural Act of 2014 (the 2014 Farm Bill), 7 U.S.C. 8102. The 60-day comment period in the proposed rule is scheduled to end on March 14, 2017. The extended comment period will now close on April 13, 2017. In this proposed rule, USDA is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 12 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors.

In this document the Incentive Auction Task Force and the Media Bureau of the Federal Communications Commission (Commission) adopts: Updates to the categories of eligible equipment and services, as well as updated baseline costs, in the catalog of eligible reimbursement expenses (Catalog); an economic methodology for adjusting the Catalog's baseline costs annually such that they remain accurate, by using the Bureau of Labor Statistics' Producer Price Index, WPUFD4 series; and revisions to the online Reimbursement Form to incorporate the updates to the Catalog, which will be embedded in the Reimbursement Form, as well as other features, including checkboxes for entities to indicate if they are seeking upgrades or partial payment requests, which are designed to make it more user-friendly.