September 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving a request from the New Jersey Department of Environmental Protection (NJDEP) for delegation of authority to implement and enforce the Federal plan for Sewage Sludge Incineration (SSI) units. On April 29, 2016, the EPA promulgated the Federal plan for SSI units to fulfill the requirements of the Clean Air Act. The Federal plan addresses the implementation and enforcement of the emission guidelines applicable to existing SSI units located in areas not covered by an approved and currently effective state plan. The Federal plan imposes emission limits and other control requirements for existing affected SSI facilities which will reduce designated pollutants. On January 24, 2017, the NJDEP signed a Memorandum of Agreement which is intended to be the mechanism for the transfer of authority between the EPA and the NJDEP and defines the policies, responsibilities and procedures pursuant to the Federal plan for existing SSI units.

NMFS is prohibiting retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2017 total allowable catch of longnose skate in the Western Regulatory Area of the GOA will be reached.

The ASC is adopting a final rule to implement collection and transmission of appraisal management company (AMC) annual registry fees in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd- Frank Act) to be applied by State appraiser certifying and licensing agencies that elect to register and supervise AMCs, pursuant to 12 U.S.C. 3353 and the regulations promulgated thereunder.

The Acting Secretary of Homeland Security, pursuant to the Homeland Security Act of 2002, has temporarily extended the applicability of certain regulations governing conduct on federal property to certain areas within the United States Border Patrol's San Diego Sector allowing for their enforcement. This temporary administrative extension enables the Department of Homeland Security (DHS) to protect and secure Federal property at or near the project areas for border wall prototypes and fence replacement near the city of San Diego, including but not limited to, project sites, staging areas, access roads, and buildings temporarily erected to support construction activities and to carry out its statutory obligations to protect and secure the nation's borders. The project areas for border wall prototype and fence replacement are situated within a geographic area that starts at the Pacific Ocean and extends to approximately one mile east of Border Monument 251.

The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Nutting Truck & Caster Co. Superfund Site (Site), located in Faribault, Rice County, Minnesota from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Minnesota, through the Minnesota Pollution Control Agency (MPCA), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is taking direct final action to approve two state implementation plan (SIP) revisions submitted by the State of West Virginia. These revisions pertain to two West Virginia regulations that established trading programs under the Clean Air Interstate Rule (CAIR). The EPA-administered trading programs under CAIR were discontinued on December 31, 2014 upon the implementation of the Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to replace CAIR. CSAPR established federal implementation plans (FIPs) for 23 states, including West Virginia. The submitted SIP revisions request removal of regulations that implemented the CAIR annual nitrogen oxide (NOX) and annual sulfur dioxide (SO2) trading programs from the West Virginia SIP (as CSAPR has supplanted CAIR). West Virginia's SIP revision submittal requesting removal of a regulation that implemented the CAIR ozone season trading program will be addressed in a separate action. EPA is approving these SIP revisions in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia State Implementation Plan (SIP) to update the emission reduction credits regulation. EPA is proposing to approve portions of the SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division on September 15, 2008. This action is being taken pursuant to the Clean Air Act.

This action modifies Class E airspace extending up to 700 feet above the surface at Brainerd Lakes Regional Airport (formerly Brainerd-Crow Wing County Regional Airport), Brainerd, MN. Airspace reconfiguration is necessary due to the decommissioning of the Brainerd (BRD) VHF omnidirectional radio range tactical air navigation aid (VORTAC), and cancellation of the VOR approach. This action also updates the geographic coordinates of the airport and the airport name in the Class E airspace. Additionally, an editorial change is made to the Class E surface area airspace legal description replacing Airport/ Facility Directory with the term Chart Supplement.

The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City marginal nonattainment area for the 2008 8-hour ozone national ambient air quality standard (NAAQS). The State of Maryland submitted the emission inventory, which included the ozone precursors, nitrogen oxides (NOX) and volatile organic compounds (VOC), as well as several other pollutants, through the Maryland Department of the Environment (MDE) to meet the nonattainment requirements for marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS as a revision to the Maryland State Implementation Plan (SIP) as the inventory for NOX and VOC is in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is reopening the comment period for a proposed rulemaking to authorize a revision to the State of Washington's federally authorized hazardous waste management program pursuant to the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed Washington's application, and we have determined that these changes satisfy all requirements needed to qualify for final authorization and are proposing to authorize the State's changes. EPA is reopening the public comment period until October 25, 2017.

We are superseding Airworthiness Directive (AD) 2008-12-04, which applied to certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes. AD 2008-12-04 required various repetitive inspections to detect cracks along the chem-milled steps of the fuselage skin, and to detect missing or loose fasteners in the area of a certain preventive modification or repairs; replacement of the time-limited repair with a permanent repair, if applicable; and applicable corrective actions which would end certain repetitive inspections. This AD reduces the post-modification inspection compliance times, limits installation of the preventive modification to airplanes with fewer than 30,000 total flight cycles, and adds repetitive inspections for modified airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) that indicated that the upper skin panel at the chem-milled step above the lap joint is subject to widespread fatigue damage (WFD) if the modification was installed after 30,000 total flight cycles. We are issuing this AD to address the unsafe condition on these products.

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

The Environmental Protection Agency (EPA) is proposing to approve a temporary modification of the currently-designated Massachusetts Bay Dredged Material Disposal Site (MBDS) pursuant to the Marine Protection, Research, and Sanctuaries Act, as amended (MPRSA). The purpose of this temporary site modification is to allow for the environmental restoration of a particular area adjacent to the currently-designated MBDS (Potential Restoration Area) by temporarily expanding the boundaries of the existing MBDS. The temporary expansion is a circular area that contains the Potential Restoration Area, which includes most of the historic Industrial Waste Site (IWS). Decades ago, the IWS was used for the disposal of barrels containing industrial, chemical and radioactive waste, as well as for the disposal of munitions, ordnance, construction equipment, and contaminated dredged material. The proposed modification of the disposal site boundary will enable the U.S. Army Corps of Engineers (USACE) to place suitable dredged material from Boston Harbor generated during the Deep Draft Navigation Project at the Potential Restoration Area in order to cover the barrels and other wastes disposed there in the past. The Deep Draft Navigation Project includes maintenance dredging in the inner harbor, which includes the expansion of a confined aquatic disposal (CAD) cell and will generate approximately 1 million cubic yards (cy) of dredged material, as well as improvement dredging of the main ship channel, which will generate approximately 11 million cy of dredged material. The existing MBDS will continue to be used for disposal of other dredging projects as usual. The expansion area would be permanently closed upon completion of the Boston Harbor maintenance and improvement projects, while the existing MBDS will remain open for the disposal of suitable dredged material. Like the MBDS, however, the expansion would be subject to ongoing monitoring and management to ensure continued protection of the marine environment.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Indiana Abandoned Mine Land Reclamation (AML) Plan (Indiana Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Updates to the Indiana Plan were proposed to be consistent with changes required by the 2006 amendment to SMCRA.

The U.S. Department of Energy (``DOE'') is initiating a data collection process through this RFI to consider whether to amend DOE's test procedure for distribution transformers. To inform interested parties and to facilitate this process, DOE has gathered data, identifying several issues associated with the currently applicable test procedure on which DOE is interested in receiving comment. The issues outlined in this document mainly concern the degree to which the per-unit load (``PUL'') testing measurement accurately represents in- service distribution transformer performance, and provides test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle of an in-service transformer; sampling; representations; alternative energy determination methods (``AEDMs''); and any additional topics that may inform DOE's decisions in a future test procedure rulemaking, including methods to reduce regulatory burden while ensuring the procedure's accuracy. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI).

The Copyright Royalty Judges solicit reply comments on the legal issue of the purported reach of the proposed rules relating to a cable system license royalty surcharge for retransmission of broadcasts of certain professional sports events.

The Environmental Protection Agency (EPA) is conditionally approving revisions to the Texas State Implementation Plan (SIP) addressing Oxides of Nitrogen (NOX) Reasonably Available Control Technology (RACT) for the Martin Marietta (formerly, Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis County. We are fully approving revisions to the Texas SIP addressing NOX RACT for all other affected sources in the ten county Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are also approving NOX RACT negative declarations (a finding that there are no major sources of NOX emissions in certain categories) for the DFW 2008 8-Hour ozone nonattainment area. The DFW 2008 8-Hour ozone nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise counties. The RACT requirements apply to major sources of NOX in these ten counties.

We propose to adopt a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation Models GIII (G-1159A), G-IV, and GIV-X airplanes. This proposed AD was prompted by a report that certain flap tracks were manufactured with the upper flange thickness less than design minimum. This proposed AD would require replacing any defective flap track. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain GE Aviation Czech s.r.o. M601D-11, M601E-11, M601E-11A, M601E- 11AS, M601E-11S, and M601F turboprop engines. This proposed AD was prompted by a review that determined that certain power turbine (PT) rotors have less overspeed margin than originally declared during product certification. This proposed AD would require removal of the affected PT disks. We are proposing this AD to correct the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain General Electric Company (GE) CT7-8A and CT7-9B model turboshaft engines. This AD was prompted by reports from the manufacturer that the high-pressure compressor (HPC) impeller installed on these engines may have suffered from material degradation during the manufacturing process. This AD requires removal of the affected HPC impellers. We are issuing this AD to address the unsafe condition on these products.

We propose to supersede airworthiness directive (AD) 2017-07- 02 for Sikorsky Aircraft Corporation (Sikorsky) Model 269D and Model 269D Configuration A helicopters. AD 2017-07-02 currently requires reducing the life limit of and inspecting certain drive shafts. This proposed AD would retain the requirements of AD 2017-07-02 and propose repeating the inspections. The actions of this proposed AD are intended to detect and prevent an unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200PF, and -200CB series airplanes. This AD was prompted by an analysis of the cam support assemblies of the main cargo door (MCD) that indicated that the existing maintenance program for the cam support assemblies is not adequate to reliably detect cracks before two adjacent cam support assemblies could fail. This AD requires an inspection to determine part numbers, repetitive inspections to detect cracking of affected cam support assemblies of the MCD, and replacement 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 Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This AD was prompted by a new life limitation that has been introduced for the side brace fitting shaft and side brace-to-airplane fitting pin of the main landing gear (MLG). This AD requires revising the maintenance or inspection program. This AD also requires an inspection to identify the serial number, to serialize, and to record the accumulated life of the side brace fitting shaft of the MLG. We are issuing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2017-13-12, which applied to all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321- 111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2017- 13-12 required modification or replacement of certain side stay assemblies of the main landing gear (MLG). This new AD clarifies the formatting of a figure in the published version of AD 2017-13-12. This new AD was prompted by reports indicating that affected parties misinterpreted the applicability of the affected part numbers due to the formatting of a figure in the published version of AD 2017-13-12, which could result in a negative effect on compliance. 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 SR 401 Drawbridge, mile 5.5 at Port Canaveral, Florida. The deviation is necessary to allow fuel trucks a less restrictive access to and from Port Canaveral to pick up and deliver fuel due to the critical fuel supply in the region. With the passage of Hurricane Irma, delivery of fuel from the port is critical to the local community and beyond. This deviation allows the bridge to remain closed to navigation the majority of the day to facilitate the safe passage of vehicles picking up and delivering fuel.