May 2017 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone on Lake Erie, Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of the Outer Harbor during the May 28, 2017 fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

The Food and Drug Administration (FDA) is announcing that BASF Corp. has filed a petition proposing that the food additive regulations be amended to provide for the safe use of formic acid as a feed acidifying agent in complete poultry feeds.

This final rule amends the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985 (Act) by adding six Harmonized Tariff Schedule (HTS) codes for imported veal and veal products and updating assessment levels for imported veal and veal products based on revised determinations of live animal equivalencies. In addition to the foregoing, the Agricultural Marketing Service (AMS) is amending the Order's definition of ``Imported beef or beef products'' by deleting its reference to tariff numbers that are no longer in use and obsolete.

The National Capital Planning Commission (NCPC or Commission) proposes to adopt new regulations governing NCPC's implementation of the National Environmental Policy Act (NEPA) and regulations promulgated by the Council on Environmental Quality (CEQ). Federal agencies and NCPC on behalf of non-federal agencies must comply with the requirements of NEPA and CEQ regulations for projects submitted to the Commission for review and approval.

On March 13, 2017, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register determining that the Imperial County, California Moderate nonattainment area (``the Imperial County NA'') attained the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard. In the same action, the EPA approved 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. The EPA's description in regulatory text of the SIP element that was approved inadvertently included information unrelated to the 2008 emissions inventory. This document corrects the regulatory text to clarify the provisions of the SIP that are approved.

On December 20, 2016, Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Knoxville-Sevierville-La Follette, TN fine particulate matter (PM2.5) nonattainment area (hereinafter referred to as the ``Knoxville Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan, a reasonably available control measures (RACM) determination, and source-specific requirements for the Area. EPA is proposing to approve Tennessee's RACM determination for the Knoxville Area and incorporate it into the SIP; to incorporate source-specific requirements for two sources in the Area into the SIP; determine that the Knoxville Area is attaining the 1997 Annual PM2.5 NAAQS based on 2013-2015 data; approve Tennessee's plan for maintaining the 1997 Annual PM2.5 NAAQS for the Knoxville Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the years 2014 and 2028, and incorporate it into the SIP; and to redesignate the Knoxville Area to attainment for the 1997 Annual PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. The revision consists of a Maryland regulation that regulates nitrogen oxides (NOX) emissions from coal-fired electric generating units (EGUs) in the State. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing approval of a revision to the District of Columbia State Implementation Plan (SIP) submitted by the District of Columbia (the District) through the District of Columbia Department of Energy and Environment (DOEE). The District's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze SIP). EPA is proposing approval of the District's SIP revision because EPA has determined that it satisfactorily addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. This action is being taken under the CAA.

The Environmental Protection Agency (EPA) is approving updates to the Energy Facility Site Evaluation Council (EFSEC) air quality regulations in the Washington State Implementation Plan (SIP). The EFSEC regulations primarily adopt by reference the Washington Department of Ecology (Ecology) general air quality regulations, which the EPA approved in the fall of 2014 and spring of 2015. Consistent with our approval of the Ecology general air quality regulations, we are also approving revisions to EFSEC's air quality regulations to implement the preconstruction permitting regulations for large industrial (major source) energy facilities in attainment and unclassifiable areas, called the Prevention of Significant Deterioration (PSD) program. The PSD program for major energy facilities under EFSEC's jurisdiction has historically been operated under a Federal Implementation Plan (FIP), in cooperation with the EPA and Ecology. This final approval of the EFSEC PSD program transfers the authority for issuing PSD permits from EPA to EFSEC for all of the categories of energy facilities for which EFSEC has jurisdiction. This narrows the current FIP to cover only those energy facilities for which EFSEC does not have jurisdiction or authority. The EPA is also approving EFSEC's visibility protection permitting program which overlaps significantly with the PSD program in most cases.

On December 20, 2016, Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Knoxville-Sevierville-La Follette, TN fine particulate matter (PM2.5) nonattainment area (hereinafter referred to as the ``Knoxville Area'' or ``Area'') to attainment for the 2006 24-hour PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan and a reasonably available control measures (RACM) determination for the Area. EPA is proposing to approve Tennessee's RACM determination for the Knoxville Area and incorporate it into the SIP; to approve Tennessee's plan for maintaining the 2006 24-hour PM2.5 NAAQS for the Knoxville Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOx) and PM2.5 for the years 2014 and 2028, and incorporate it into the SIP; and to redesignate the Knoxville Area to attainment for the 2006 24-hour PM2.5 NAAQS.

As part of its implementation of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' issued by the President on January 30, 2017, the Department of Energy (DOE) is seeking comments and information from interested parties to assist DOE in identifying existing regulations, paperwork requirements and other regulatory obligations that can be modified or repealed, consistent with law, to achieve meaningful burden reduction while continuing to achieve the Department's statutory obligations.

We are superseding Airworthiness Directive (AD) 2017-08-07 for certain Learjet, Inc., Model 60 airplanes. AD 2017-08-07 required a one-time inspection of the fuselage skin for corrosion, and related investigative and corrective actions if necessary. This new AD retains the actions of AD 2017-08-07 and removes certain airplanes from the applicability. This AD was prompted by a determination that only certain airplanes are affected by the unsafe condition. We are issuing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model MD-11 and MD-11F airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require a one-time inspection of the wire assemblies of the tail fuel tank transfer pumps to determine if metallic transitions are installed at the wire harness breakouts, and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD was prompted by a report indicating that, under certain operational takeoff conditions, the available thrust in relation with the N1 indication is less than a certified value, which could affect the safety margins with an engine failure during takeoff. This proposed AD would require modifying each engine by updating the electronic engine control (EEC) software and adjusting the engine N1 trim value, and revising the airplane flight manual. We are proposing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2014-07-07 for British Aerospace Regional Aircraft Model HP 137 Jetstream MK1, Jetstream Series 200, and Jetstream Series 3101 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracking of the forward main landing gear yoke pintle resulting from corrosion pits leading to stress corrosion cracking. We are issuing this AD to require actions to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2009-21-01 for certain The Boeing Company Model 737-300 and 737-400 series airplanes. AD 2009-21-01 required repetitive inspections to detect cracking of the aft fuselage skin, and related investigative and corrective actions if necessary. This new AD adds certain inspections, repairs, replacement, related investigative and corrective actions if necessary; and removes certain airplanes from the applicability. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft fuselage skin is subject to widespread fatigue damage (WFD), and by reports of aft fuselage cracking. We are issuing this AD to address the unsafe condition on these products.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the US2 Bridge across Lake Champlain, mile 91.8, between North Hero and South Hero Island, Vermont. This deviation is necessary to extend the operating life of the drawbridge until a replacement bridge is constructed. This deviation allows the bridge to open only on the hour during the day for the 2017 boating season.

On January 6, 2017, the U.S. Department of Energy (``DOE'') published in the Federal Register a direct final rule to establish new energy conservation standards for residential central air conditioners and heat pumps. DOE has determined that the comments received in response to that direct final rule do not provide a reasonable basis for withdrawing it. Therefore, DOE is providing notice confirming the adoption of the energy conservation standards established in that direct final rule and announces the effective dates of those standards.

On October 28, 2016, the U.S. Department of Energy (``DOE'') published in the Federal Register a direct final rule to establish new energy conservation standards for miscellaneous refrigeration products. DOE has determined that the comments received in response to that direct final rule do not provide a reasonable basis for withdrawing it. Therefore, DOE is providing notice confirming the adoption of the energy conservation standards established in that direct final rule and announces the effective date of those standards.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Granite Avenue Bridge across Neponset River, mile 2.5, at Boston, Massachusetts. This deviation is necessary in order to facilitate the McKeon Post Scholarship Road Race and allows the bridge to remain in the closed position for two hours.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Henry Ford Avenue railroad bridge across Cerritos Channel, mile 4.8 at Long Beach, CA. The deviation is necessary to allow the bridge owner to replace the operating machinery of the bridge. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

These special conditions are issued for non-rechargeable lithium battery installations on the Textron Aviation Inc. (Textron) Model 700 airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. 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.

These special conditions are issued for non-rechargeable lithium battery installations on the Embraer S. A. (Embraer) Model EMB- 550 airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. 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.

This rule amends the Export Administration Regulations (EAR) by adding sixteen persons to the Entity List. The sixteen persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These sixteen persons will be listed on the Entity List under the destinations of Pakistan, Turkey and the United Arab Emirates. This final rule is also modifying two existing entries in the Entity List under the destinations of China and Hong Kong.

This rule proposes one amendment to Marketing Order No. 984 (order), which regulates the handling of walnuts grown in California, and provides growers with the opportunity to vote in a referendum to determine if they favor the change. This amendment was proposed by the California Walnut Board (Board), which is responsible for the local administration of the order and is comprised of walnut growers and handlers operating within the production area. The amendment would authorize the Board to borrow from a commercial lending institution to fund operations and marketing/research expenses. This proposed amendment is intended to reflect a customary business practice that will provide greater flexibility to the Board while increasing its effectiveness.