March 2017 – Federal Register Recent Federal Regulation Documents

We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Model EC225LP helicopters. This proposed AD would require modifying the emergency lubrication system (EMLUB). This proposed AD is prompted by two incidents of emergency ditching after there was a warning of a loss of oil pressure and a false EMLUB failure. The proposed actions are intended to address an unsafe condition on these products.

The DOT is suspending the public comment period for the supplemental notice of proposed rulemaking (SNPRM) on Transparency of Airline Ancillary Service Fees. The DOT published the SNPRM on January 19, 2017, and the comment period was scheduled to close on March 20, 2017. The suspension of the comment period will allow the President's appointees the opportunity to review and consider this action.

In this document, the Commission seeks comment on the parameters for the process in determining whether areas are eligible for funding under the Mobility Fund Phase II. The Commission established the framework for the Mobility Fund Phase II in a Report and Orderadopted concurrently with the Further Notice of Proposed Rulemaking (Further Notice)but had remaining questions regarding the process in which entities may challenge the areas eligible for support. Therefore, the Commission anticipates that additional comment will allow it to make more informed decisions on the challenge process, thereby making a more robust, targeted challenge process that efficiently resolves disputes about areas eligible for MF-II support.

This action expands the restricted airspace at Farallon De Medinilla Island, Mariana Islands, by designating a new area, R-7201A, that surrounds the existing R-7201. R-7201A encompasses that airspace between a 3 nautical mile (NM) radius and a 12-NM radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E. The new restricted airspace provides the required airspace to conduct military training scenarios using air-to-ground ordnance delivery, naval gunfire, lasers and special operations training.

The Department of Veterans Affairs (VA) is proposing to amend and update its VA Acquisition Regulation (VAAR). Under this initiative, all parts of the regulation are being reviewed in phased increments to revise or remove any policy that has been superseded by changes in Federal Acquisition Regulation (FAR), to remove any procedural guidance that is internal to the VA, and to incorporate any new regulations or policies. Acquisition regulations become outdated over time and require updating to incorporate additional policies, solicitation provisions, or contract clauses that implement and supplement the FAR to satisfy VA mission needs, and to incorporate changes in dollar and approval thresholds, definitions, and VA position titles and offices. This Proposed Rule will correct inconsistencies, remove redundant and duplicate material already covered by the FAR, delete outdated material or information, and appropriately renumber VAAR text, clauses and provisions where required to comport with FAR format, numbering and arrangement. This Proposed Rule will streamline the VAAR to implement and supplement the FAR only when required, and remove internal agency guidance as noted above in keeping with the FAR principles concerning agency acquisition regulations.

The Surface Transportation Board (STB or Board) is correcting the final rule served on November 30, 2016, by including one additional Standard Transportation Commodity Code (STCC) to the group of 14 previously included in the final rule.

The Environmental Protection Agency (EPA) is taking final action to approve a state implementation plan (SIP) revision submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements applicable to the Owens Valley PM10 nonattainment area (NA). The Owens Valley PM10 NA is classified as a ``Serious'' nonattainment area for the national ambient air quality standards (NAAQS) for particulate matter of ten microns or less (PM10). The submitted SIP revision is the ``Great Basin Unified Air Pollution Control District 2016 Owens Valley Planning Area PM10 State Implementation Plan'' (``2016 PM10 Plan'' or ``Plan''). The State's obligation to submit the 2016 PM10 Plan was triggered by the EPA's 2007 finding that the Owens Valley PM10 NA had failed to meet its December 31, 2006, deadline to attain the PM10 NAAQS. The CAA requires a Serious PM10 nonattainment area that fails to meet its attainment deadline to submit a plan providing for attainment of the PM10 NAAQS and for an annual reduction in PM10 emissions of not less than five percent until attainment of the PM10 NAAQS. The EPA is approving the 2016 PM10 Plan because it meets all relevant statutory and regulatory requirements.

This action proposes to establish Class E en route airspace extending upward from 1,200 feet above the surface to accommodate Instrument Flight Rules (IFR) aircraft under control of the Oakland Air Route Traffic Control Center (ARTCC), centered near Sacramento, CA. Establishment of this airspace area would ensure controlled airspace exists in those areas where the Federal airway structure is inadequate.

The Environmental Protection Agency (EPA) is determining that the Imperial County, California Moderate nonattainment area (``the Imperial County NA'') has attained the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS or ``standard''). This determination, also known as a clean data determination (CDD), is based upon complete, quality-assured, and certified ambient air monitoring data showing that the area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2013-2015 data available in the EPA's Air Quality System database. As a consequence of this determination of attainment, certain Clean Air Act (CAA) requirements that apply to the Imperial County Air Pollution Control District (ICAPCD or ``District'') shall be suspended for so long as the area continues to meet the 2006 24-hour PM2.5 NAAQS. The area remains nonattainment for the 2012 annual PM2.5 NAAQS. The EPA is also approving a revision to California's state implementation plan (SIP) consisting of the 2008 emissions inventory for the Imperial County NA submitted by the California Air Resources Board (CARB or ``State'') on January 9, 2015. This action is being taken under the CAA. Elsewhere in this issue of the Federal Register, we are proposing approval and soliciting written comment on these actions. If we receive adverse comments on this direct final rule that result in withdrawal of the entire rule or any part(s) of it, we will address those comments when we finalize the proposal. The EPA does not plan to institute a second comment period on this action. Any parties interested in commenting must do so at this time.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318-112 airplanes, A319-111, -112, -115, -132, and -133 airplanes, A320-214, -232, and -233 airplanes, and A321-211, -212, - 213, -231, and -232 airplanes. This AD was prompted by a quality control review on the final assembly line, which determined that aluminum alloy with inadequate heat treatment had been delivered and used on several structural parts. This AD requires a one-time eddy current conductivity measurement of certain cabin, cargo compartment, and frame structural parts to determine if aluminum alloy with inadequate heat treatment was used, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2012-08-11 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2012-08- 11 required repetitive inspections for defects and damage of the retract port flexible hoses on the main landing gear (MLG) retraction actuators, and replacement if necessary. This AD continues to require the actions in AD 2012-08-11, requires reorientation of the retraction actuator of the MLG, and removes airplanes from the applicability. This AD was prompted by test results that showed that failure of a retract port flexible hose of a MLG retraction actuator could cause excessive hydraulic fluid leakage. We are issuing this AD to address the unsafe condition on these products.

On January 6 and January 19, 2017, the Department announced dates by which institutions subject to the Department's gainful employment (GE) regulations must comply with certain provisions of the GE regulations. This document announces that the Department allows additional time, until July 1, 2017, for institutions to submit an alternate earnings appeal and to comply with the disclosure requirements in the GE regulations.

The Environmental Protection Agency (EPA or ``the Agency'') has determined that the Department of Energy's (DOE) Compliance Recertification Application (CRA or ``application'') for the Waste Isolation Pilot Plant (WIPP) is complete. The EPA provided written notice of the completeness decision to the Secretary of Energy on January 13, 2017. The text of the letter is contained in the SUPPLEMENTARY INFORMATION. The Agency has determined that the application is complete, in accordance with EPA regulations. The completeness determination is an administrative step that is required by regulation, and it does not imply in any way that the CRA demonstrates compliance with the Compliance Certification Criteria or the disposal regulations. The EPA is now engaged in the full technical review that will determine if the WIPP remains in compliance with the disposal regulations. As required by the 1992 WIPP Land Withdrawal Act and its implementing regulations, the EPA will make a final recertification decision within six months of issuing the completeness letter to the Secretary of Energy.

This regulation establishes a time-limited tolerance for residues of oxytetracycline in or on fruit, citrus, group 10-10. This action is in response to EPA's granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide in citrus production. This regulation establishes a maximum permissible level for residues of oxytetracycline in or on the commodities in this crop group. The time-limited tolerance expires on December 31, 2019.

EPA is granting the State of Illinois Final Authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on March 18, 2016, and provided for public comment. EPA received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Clark County Department of Air Quality and Washoe County Health District portions of the Nevada State Implementation Plan. These revisions concern emissions of particulate matter from fugitive dust. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Nevada (``State''). On December 15, 2003, the EPA redesignated the Lake Tahoe, Nevada area (area), consisting of the Nevada portion of the Lake Tahoe basin in Nevada's Washoe, Carson City and Douglas counties, from nonattainment to attainment for the carbon monoxide (CO) national ambient air quality standards (NAAQS) and approved the State's plan addressing the area's maintenance of the CO NAAQS for ten years. On April 3, 2012, the State submitted to the EPA a second CO maintenance plan for the area that addressed maintenance of the CO NAAQS through 2024. On August 26, 2016, the State submitted a supplement to their 2012 submittal. The EPA is also proposing to approve an alternative CO monitoring strategy for the area, that the State included in their August 2016 submittal. We are making this proposal under the Clean Air Act.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania seeks to revise its program to further define the implementation process for the reclamation of alternative bonding system (ABS) ``Legacy Sites'', and to clearly identify the current list of Legacy Sites, as well as sites that may qualify in the future as Legacy Sites. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The North Pacific Fishery Management Council submitted Amendment 114 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 104 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively referred to as the FMPs) to the Secretary of Commerce (Secretary) for review. If approved, Amendments 114/104 would integrate electronic monitoring into the North Pacific Observer Program. This action is necessary to improve the collection of data necessary for the conservation, management, and scientific understanding of managed fisheries. Amendments 114/104 are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 11, 2017, and will close 1200 hours, A.l.t., November 7, 2017. This period is the same as the 2017 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Minnesota sulfur dioxide (SO2) and particulate matter of less than 10 microns (PM10) State Implementation Plans (SIPs) as submitted on December 11, 2015. The revision will update the Rochester SO2 and Olmsted County PM10 maintenance plans to reflect changes in available controls, operating practices, and cleaner fuel options that have resulted in significant reductions of SO2 and PM10 emissions in the maintenance areas. EPA is also proposing to approve the removal of existing title I SO2 SIP conditions for six facilities from the SO2 SIP, and the state's evaluation that such changes ensure continued attainment of the SO2 National Ambient Air Quality Standards (NAAQS).

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD or District) portion of the California State Implementation Plan (SIP). The State of California (State) is required under the Clean Air Act (CAA or Act) to adopt and implement a SIP- approved Prevention of Significant Deterioration (PSD) permit program. We are approving SIP revisions that would incorporate a PSD rule for the VCAPCD into the SIP to establish a PSD permit program for pre- construction review of certain new and modified major stationary sources in attainment and unclassifiable areas within the District.

This final rule adopts without change an interim final rule with request for comments published in the Federal Register on May 12, 2016. The Drug Enforcement Administration is placing the substance brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (also referred to as BRV; UCB-34714; Briviact) (including its salts) into schedule V of the Controlled Substances Act. This scheduling action is pursuant to the Controlled Substances Act, as revised by the Improving Regulatory Transparency for New Medical Therapies Act which was signed into law on November 25, 2015.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona Department of Environmental Quality (ADEQ) and Maricopa County Air Quality District (MCAQD) portions of the Arizona State Implementation Plan (SIP). These revisions were submitted by ADEQ in response to EPA's May 22, 2015, finding of substantial inadequacy and SIP call for certain provisions in the SIP related to affirmative defenses applicable to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is proposing approval of the SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act).

We are adopting a new airworthiness directive (AD) for all Safran Helicopter Engines, S.A. Arriel 2B turboshaft engines. This AD requires removing any pre-modification (mod) TU 158 hydro-mechanical metering unit (HMU) and replacing with a part eligible for installation. This AD was prompted by a report of an uncommanded in- flight shutdown (IFSD) on a single-engine helicopter, caused by a low returning spring rate of the needle of the HMU. We are issuing this AD to correct the unsafe condition on these products.