May 2017 – Federal Register Recent Federal Regulation Documents

EPA is proposing to grant a petition submitted by ExxonMobil Oil Corporation Beaumont Refinery (ExxonMobil) to exclude (or delist) the secondary impoundment basin solids in Beaumont, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0.47 in the evaluation of the impact of the petitioned waste on human health and the environment.

The Coast Guard is establishing a temporary regulated navigation area (RNA) for the navigable waters of the Manhattan side of the East River, south of Dupont Street in Greenpoint, Brooklyn, and East 25th Street in Manhattan, and north of a line drawn from the northwest corner of Pier 5 Brooklyn to the northeast corner of the Governors Island Ferry Manhattan Terminal. The RNA is needed to protect personnel, vessels, and the marine environment from potential hazards associated with a dielectric oil spill response. This RNA establishes vessel speed restrictions on vessels transiting near the pollution response area unless specifically authorized by the First District Commander or the Captain of the Port New York to exceed those restrictions.

NMFS announces that the Nantucket Lightship Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2017 fishing year as of the effective date below. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Nantucket Lightship Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Nantucket Lightship Scallop Access Area will be taken.

These special conditions are issued for non-rechargeable lithium battery installations on The Boeing Company (Boeing) Model 777- 300ER series airplanes. 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 ERJ 170-200 LR 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 ERJ 190-300 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.

The Postal Service is considering limiting First-Class Mail International[supreg] service to documents only.

The FAA is correcting the special condition published on November 9, 2016 which became effective on December 9, 2016 for the BHTI Model 525 helicopter. This helicopter has a novel or unusual design feature associated with the electronic CAS. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. The 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.

We propose to adopt a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 2000EX airplanes. This proposed AD was prompted by a quality review of delivered airplanes, which identified a manufacturing deficiency of some engine air inlet anti-ice ``piccolo'' tubes. This proposed AD would require inspecting each anti-ice ``piccolo'' tube assembly of certain engine air inlets for discrepancies, and doing corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

We propose to supersede Airworthiness Directive (AD) 2015-23- 12, for all ATRGIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes. AD 2015-23-12 currently requires identifying the serial number and part number of the main landing gear (MLG) rear hinge pins, and replacing pins or the MLG if necessary. Since we issued AD 2015-23-12, we have received a new report of a certain cracked MLG hinge pin on a Model ATR42 airplane. We have determined that certain additional MLG hinge pins must be replaced, and certain compliance times must be reduced. This proposed AD would require identifying the serial number and part number of the MLG rear hinge pins, and replacing pins if necessary. We are proposing this AD to address the unsafe condition on these products.

On June 29, 2016, the Ohio Environmental Protection Agency (OEPA) submitted a request for the Environmental Protection Agency (EPA) to redesignate the partial Cuyahoga County nonattainment area (known as and referred to as the Cleveland area) to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA finds that the Cleveland area meets the requirements for redesignation and is also approving several additional related actions. EPA is approving, as revisions to the Ohio state implementation plan (SIP), reasonably available control measure/reasonably available control technology (RACM/RACT) requirements, emissions inventory requirements, and the state's plan for maintaining the 2008 lead NAAQS through 2030 for the area. EPA is taking these actions in accordance with the Clean Air Act (CAA) and EPA's implementation regulations regarding the 2008 lead NAAQS.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving severable portions of three revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ). Specifically, we are finalizing approval of provisions contained within the Chapter 5 air construction permit rules as initially submitted on November 15, 1993, November 10, 1994, and November 9, 2007. We are withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 33:III.513.A.1, and LAC 33:III.531.A.1. because the LDEQ withdrew these sections from our consideration on April 19, 2017.

The Environmental Protection Agency (EPA) is approving the State of Michigan's request to revise the designation of (redesignate) the Belding nonattainment area (Belding) to attainment of the 2008 National Ambient Air Quality Standards (NAAQS or standard) for lead. EPA is also approving the maintenance plan and related elements of the redesignation. EPA is approving reasonably available control measure (RACM)/reasonably available control technology (RACT) measures and a comprehensive emissions inventory as meeting the Clean Air Act (CAA) requirements. EPA is taking these actions in accordance with the CAA and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the state of Montana on September 8, 2016. The revisions are to the Administrative Rules of Montana (ARM) and include updates to the citations and references to federal and state laws and regulations, updated links to sources of information, and provides clarity on how copies of federal regulations may be obtained. In the ``Rules and Regulations'' section of this Federal Register, we are approving these SIP revisions as a direct final rule without prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. This action is being taken in accordance with section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of updating the SIP to include administrative and definition amendments made to Allegheny County Health Department's (ACHD) Rules and Regulations Article XXI, Air Pollution Control. The amendments update the name of the Bureau of Environmental Quality to the Bureau of Environmental Health and revise the definition of ``County Executive'' to agree with the definition contained in the Allegheny County Home Rule Charter. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the South Carolina State Implementation Plan (SIP) to address requirements for the reporting of emissions of criteria air pollutants (CAPs) and their precursors. EPA is approving a SIP revision submitted on June 14, 2010, by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), and portions of subsequent SIP revisions submitted on August 8, 2014 and November 4, 2016, which further revise the regulations concerning the reporting of emissions. This action is being taken pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve changes to the South Carolina State Implementation Plan to address requirements for the reporting of air emissions of criteria air pollutants and their precursors. EPA is proposing to approve a SIP revision submitted on June 14, 2010, by the State of South Carolina, through the South Carolina Department of Health and Environmental Control, and portions of subsequent SIP revisions submitted on August 8, 2014 and November 4, 2016, which further revise the regulations concerning the reporting of emissions. This proposed action is being taken pursuant to the Clean Air Act.

We propose to adopt a new airworthiness directive (AD) for all Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440), CL-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD was prompted by development of a modification to prevent uncommanded rudder movement during flight. This proposed AD would require modifying the wiring harness of the yaw damper control system. We are proposing this AD to address the unsafe condition on these products.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period for our August 10, 2016, proposed rule to list the Texas hornshell (Popenaias popeii) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We also are notifying the public that we have scheduled informational meetings followed by public hearings on the proposed rule. Comments previously submitted on the proposal need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determination.

These special conditions are issued for the Bell Model 412EP (412EPI configuration) helicopter. This helicopter as modified by Bell will have a novel or unusual design feature associated with a SAR AFCS. The applicable airworthiness standards do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action closes the American Plaice Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear for the remainder of Trimester 1, through August 31, 2017. The closure is required by regulation because the common pool fishery has caught 90 percent of its Trimester 1 quota for American plaice. This closure is intended to prevent an overage of the common pool's quota for this stock.

This rule makes final the interim final rule, published on June 15, 2016, to amend HUD's civil monetary penalty (CMP) regulations. The interim final rule applied a new methodology to calculate civil money penalties as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, starting with a ``catch up'' adjustment to correct previous inaccuracies; removed three obsolete civil monetary penalty provisions; and made a technical change to the existing codified regulation implementing the Program Fraud Civil Remedies Act. The changes from the interim final rule made final by this final rule continue to be effective as of August 16, 2016. In addition, this rule provides for 2017 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and makes three technical amendments and a conforming statutory change.

In accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' GSA is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs, that may be appropriate for repeal, replacement, or modification.

The U.S. Fish and Wildlife Service (Service or we) prescribes final frameworks from which States may select season dates, limits, and other options for the 2017-18 migratory bird hunting seasons. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the migratory bird hunting regulations. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in hunting seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

NMFS proposes to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e., annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast for the fishing season of July 1, 2017, through June 30, 2018. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed action would prohibit directed non- tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California, which is required because the estimated 2017 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under the proposed action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery, or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2017-2018 Pacific sardine fishing year is 8,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.