April 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the Department of Environmental Quality (DEQ), on December 4, 2015, for inclusion into the North Carolina SIP, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' DEQ certified that the North Carolina SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that portions of North Carolina's SIP satisfies certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS.

The U.S. Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on March 25, 1999. The SIP submittal includes a change to the TDEC regulation ``Reasonable Measures Required.'' EPA is proposing to approve this SIP revision because it is consistent with the Clean Air Act (CAA or Act) and federal regulations governing SIPs.

This action amends Class D and Class E airspace at Savannah, GA, by adjusting the geographic coordinates of Hunter Army Airfield (AAF), and updating the name of Savannah/Hilton Head International Airport. The boundaries and operating requirements of these airports remain the same.

This action establishes Class E airspace at Louisville, GA, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Louisville Municipal Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

This action proposes to amend Class E airspace designated as an extension to Class D airspace by removing the Notice to Airmen (NOTAM) part-time status at Lancaster Airport, Lancaster, PA; Reading Regional Airport/Carl A. Spaatz Field, Reading, PA; and Williamsport Regional Airport, Williamsport, PA. This action would also update the geographic coordinates of these airports and the Picture Rocks navigation aid listed in this proposed rule. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

This action proposes to establish Class E airspace at Finleyville, PA, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Finleyville Airpark. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Brenner Field Airport, Falls City, NE, due to the decommissioning of the Brenner non-directional radio beacon (NDB) and cancellation of NDB approach. This action is necessary to enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at the airport.

We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD requires removing from service the tail gearbox center housing (housing) when it has 12,200 or more hours time-in-service (TIS). This AD was prompted by fatigue analysis conducted by Sikorsky that determined the housing required a retirement life. The actions are intended to prevent an unsafe condition on these products.

We are revising an earlier proposed airworthiness directive (AD) for all Airbus Model A319, A320, and A321 series airplanes. This action revises the notice of proposed rulemaking (NPRM) by reducing the compliance time for replacing the main landing gear (MLG) actuator fitting and removing an inspection requirement for certain airplanes. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

The EPA is proposing to fully approve a revision to Montana's State Implementation Plan (SIP). On July 6, 2016, the Governor of Montana submitted to the EPA a revision to the Montana SIP that removed one section of the Administrative Rules of Montana (ARM) pertaining to aluminum plants. In this action, the EPA is proposing to approve the removal of this section from the SIP because the provision is inconsistent with Clean Air Act (CAA) requirements, as explained in the EPA's June 12, 2015 startup, shutdown, and malfunction (SSM) SIP call for Montana. Removal of this provision will correct certain deficiencies related to the treatment of excess emissions from aluminum plants.

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on December 19, 2016, revising its regulations entitled ``Designation of Areas for Air Quality Planning Purposes'' for the 2008 ozone National Ambient Air Quality Standards (NAAQS). An error in the table for the Wisconsin 2008 8-Hour Ozone NAAQS is identified and corrected in this action.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ``Unverified List'' or UVL); revising two addresses and adding an alternate name, or a.k.a., for one (1) person currently listed on the UVL; and revising three addresses, adding three additional addresses, and adding an alternate name, or a.k.a, for one (1) person currently listed on the UVL. The six persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. Two addresses are revised for one person currently listed on the UVL to add the official Hong Kong district name. In addition, this rule adds an alternate name for this person. This rule also revises three addresses for an additional person currently listed on the UVL to add the official Hong Kong district names and correct a previous error. Finally, this rule adds three additional addresses and an alternate name for this person, as BIS has determined this person is receiving U.S. exports at additional addresses and using an additional name.

The Federal Retirement Thrift Investment Board (Board) is proposing to amend its Freedom of Information Act (FOIA) regulations to implement recommendations made by the National Archives and Records Administration's (NARA) Office of Government Information Services (OGIS) and reflect the amendments required by the FOIA Improvement Act of 2016.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Atlantic Beach Bridge across Reynolds Channel, mile 0.4 at Lawrence, New York. This action is necessary to recoat the superstructure and reconstruct the double-leaf bascule spans in three sequential two month stages within six months. The deviation will allow the bridge to open only one bascule span at a time in order to provide passage for vessels that require an opening.

The Coast Guard proposes to amend the regulations established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. This proposed rule would revise the listing of events that informs the public of regularly scheduled marine parades, regattas, other organized water events, and fireworks displays that require additional safety measures provided by regulations. Through this rulemaking, the list of recurring marine events requiring special local regulations or safety zones would be updated with revisions, additional events, and removal of events that no longer take place in the Fifth Coast Guard District. When these regulations are enforced, certain restrictions are placed on marine traffic in specified areas. This rulemaking project promotes efficiency by eliminating the need to produce a separate rule for each individual recurring event, and serves to provide notice of the known recurring events requiring a special local regulation or safety zone throughout the year. This proposed rule would also remove regulations that are no longer effective or required. We invite your comments on this rulemaking.

The Federal Communications Commission finds that a limited extension in this proceeding would be beneficial to the development of a complete record on the issues, and it grants a fourteen-day extension for filing reply comments in response to the Commission's notice of proposed rulemaking (NPRM) concerning non-geostationary, fixed- satellite service systems and related matters.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a mussel species, the yellow lance (Elliptio lanceolata), as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the yellow lance is warranted, and accordingly we propose to list the yellow lance as a threatened species under the Act. The yellow lance is a freshwater mussel native to Maryland, Virginia, and North Carolina. If we finalize this rule as proposed, the final rule would add the yellow lance to the List of Endangered and Threatened Wildlife and extend the Act's protections to this species.

The Coast Guard is issuing this interim rule to update the table of outboard engine weights used in calculating safe loading capacities and required amounts of flotation material. The engine weight table was last updated in 1984, and the Coast Guard Authorization Act of 2015 requires that we update the table to reflect a specific standard.

The Social Security Administration (SSA) is issuing a final rule to amend its Privacy Act regulation exempting portions of a system of records from certain provisions of the Privacy Act of 1974, entitled Anti-Harassment & Hostile Work Environment Case Tracking and Records System. Because this system will contain some investigatory material compiled for law enforcement purposes, this rule will exempt those records within this new system of records from specific provisions of the Privacy Act.

The Coast Guard will enforce a safety zone for the National Cherry Blossom Festival fireworks display taking place over the Washington Channel, Washington, DC, on April 15, 2017. The safety zone will include all waters within a 100 yard radius of the fireworks barge in approximate position latitude 38[deg]52'43.67'' N., longitude 077[deg]01'28.39'' W. This date and location is a change to those listed for the annually scheduled event, as indicated in U.S. Coast Guard regulations, because the event sponsor changed the scheduled date and location of this annual fireworks display. During the enforcement period, vessels may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. This action is necessary to ensure safety of life on navigable waters during the event.

The Coast Guard proposes to modify its calculations for hourly pilotage rates on the Great Lakes by accounting for the ``weighting factor,'' which is a multiplier that can increase the pilotage costs for larger vessels traversing areas in the Great Lakes by a factor of up to 1.45. While the weighting factor has existed for decades, it has never been included in any of the previous ratemaking calculations. We propose to add steps to our rate-setting methodology to adjust hourly rates downwards by an amount equal to the average weighting factor, so that when the weighting factor is applied, the cost to the shippers and the corresponding revenue generated for the pilot associations will adjust to what was originally intended. We note that until a final rule is produced, the 2016 rates will stay in effect, even if a final rule is not published by the start of the 2017 season.

NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear to vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the A season apportionment of the 2017 total allowable catch of Pacific cod to be harvested.

The Office of Natural Resources Revenue (ONRR) requests comments and suggestions from affected parties and the interested public on whether revisions to the regulations governing the valuation, for royalty purposes, of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases, are needed and, if so, what specific revisions should be considered. On July 1, 2016, ONRR published a final rule, Consolidated Federal Oil and Gas and Federal and Indian Coal Valuation Reform (2017 Valuation Rule). ONRR subsequently stayed the effective date of that rule pending resolution of litigation. As a result of the stay, the regulations in effect prior to January 1, 2017 (``pre-existing regulations'') remain in effect. In a separate notice, ONRR is seeking comments on a proposed rule to repeal the 2017 Valuation Rule to maintain the status quo in which the pre-existing regulations remain in effect while ONRR reconsiders whether changes made by the 2017 Valuation Rule are needed or appropriate.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2017 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on March 31, 2017, and expire on August 31, 2017.