July 21, 2020 – Federal Register Recent Federal Regulation Documents

NMFS announces that the Mid-Atlantic Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2020 fishing year. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic 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 Mid- Atlantic Scallop Access Area will be taken.

The Environmental Protection Agency (EPA) Region 2 is publishing a direct final Notice of Deletion of the FMC Dublin Road Superfund Site (Site), located in the Towns of Shelby and Ridgeway, Orleans County, NY, 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). The EPA and the State of New York, through the New York Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is proposing to approve a portion of State Implementation Plan (SIP) revisions for South Carolina submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) through letters dated August 8, 2014, and August 12, 2015, and a portion of a SIP revision for Tennessee submitted by the Tennessee Department of Environment and Conservation (TDEC) through a letter dated February 17, 2014. The South Carolina SIP revisions modify a provision that requires fossil fuel-fired steam generators having a heat input capacity of more than 250 million British thermal units (Btu) per hour (Btu/hr) to submit continuous opacity monitoring reports required by the SIP on a quarterly basis. This provision is being modified to allow such reporting on a semiannual basis instead. The South Carolina SIP does not contain any other continuous opacity monitoring report requirements for the subject sources, and this rule revision has no impact on any federal reporting requirements. Specifically, the South Carolina SIP revisions do not override any other reporting requirements that might continue to require more frequent reporting. The Tennessee SIP revision would add a new provision that requires any source subject to the State's title V operating permit program to submit emission monitoring reports required by the SIP on a semiannual basis rather than on a quarterly basis. Much like the South Carolina SIP revisions, the Tennessee SIP revision has no impact on any federal reporting requirements and does not override any other reporting requirements that might continue to require more frequent reporting. EPA is proposing to approve these changes to the South Carolina and Tennessee SIPs because they are consistent with recent proposed changes to federal regulations and because EPA has preliminarily determined that the South Carolina and Tennessee SIP revisions are consistent with the Clean Air Act (CAA or Act).

The FAA is adopting a new airworthiness directive (AD) for all Austro Engine GmbH model E4 and E4P diesel piston engines. This AD was prompted by reports of considerable wear of the timing chain and failure of fuel injectors on these engines. This AD requires replacement of the timing chain and fuel injectors on the affected Austro Engine GmbH model E4 and E4P diesel piston engines. The FAA is issuing this AD to address the unsafe condition on these products.

NMFS implements management measures described in the Gulf For- hire Reporting Amendment, as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) and the South Atlantic Fishery Management Council (South Atlantic Council). The Gulf For-hire Reporting Amendment includes amendments to the Fishery Management Plans (FMPs) for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP). This final rule revises reporting requirements for an owner or operator of a charter vessel or headboat (for-hire vessel) with a Federal charter vessel/ headboat permit for Gulf Reef Fish or Gulf CMP species. The purpose of this final rule is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Gulf. The information is expected to improve recreational management of the for- hire component of the reef fish and CMP fisheries in the Gulf.

The U.S. Department of Energy (``DOE'') is reopening the public comment period for its Request for Information (``RFI'') regarding test procedures for commercial prerinse spray valves. DOE published the RFI in the Federal Register on June 5, 2020, establishing a 30-day public comment period that ended on July 6, 2020. On June 25, 2020, DOE received a comment requesting extension of the comment period by 30 days. DOE is reopening the public comment period for submitting comments for an additional 30 days.

The Environmental Protection Agency (EPA) is announcing its withdrawal of the 2011 determination to regulate perchlorate in accordance with the Safe Drinking Water Act, (SDWA). On February 11, 2011, the EPA published a Federal Register document in which the Agency determined that perchlorate met the SDWA's criteria for regulating a contaminant. On June 26, 2019, the EPA published a proposed national primary drinking water regulation (NPDWR) for perchlorate and requested public comments on multiple alternative actions, including the alternative of withdrawing the 2011 regulatory determination for perchlorate. The EPA received approximately 1,500 comments on the proposed rulemaking. The EPA has considered these public comments and based on the best available information the Agency is withdrawing the 2011 regulatory determination and is making a final determination not to regulate perchlorate. The EPA has determined that perchlorate does not occur ``with a frequency and at levels of public health concern'' within the meaning of the SDWA. In addition, in the judgment of the EPA Administrator, regulation of perchlorate does not present a ``meaningful opportunity for health risk reduction for persons served by public water systems.'' Accordingly, the EPA is withdrawing its 2011 determination and is making a final determination not to regulate perchlorate, and therefore will not issue a NPDWR for perchlorate at this time.