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Federal Register Highlights – 12/3/15

December 3, 2015

Unpublished, time-sensitive and proposed rules for December 3, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metropolitan Avenue Bridge across the English Kills, mile 3.4, at New York City, New York. This deviation is necessary to perform operating machinery installation. This deviation allows the bridge to remain in the closed position for approximately 3 days. This deviation is effective from 6 a.m. on December 7, 2015 to 5 p.m. on December 10, 2015.

PROPOSED RULE: The primary purpose of this proposal is to address interstate air quality impacts with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The EPA promulgated the Cross-State Air Pollution Rule (CSAPR) on July 6, 2011, to address interstate transport of ozone pollution under the 1997 ozone NAAQS and fine particulate matter (PM2.5) under the 1997 and 2006 PM2.5 NAAQS. The EPA is proposing to update CSAPR to address interstate emission transport with respect to the 2008 ozone NAAQS. This proposal also responds to the July 28, 2015 remand by the Court of Appeals for the District of Columbia Circuit of certain states’ ozone-season nitrogen oxides (NOX) emissions budgets established by CSAPR. This proposal also updates the status of certain states’ outstanding interstate ozone transport obligations with respect to the 1997 ozone NAAQS, for which CSAPR provided a partial remedy. This proposal finds that ozone season emissions of NOX in 23 eastern states affect the ability of downwind states to attain and maintain the 2008 ozone NAAQS. These emissions can be transported downwind as NOX or, after transformation in the atmosphere, as ozone. For these 23 eastern states, the EPA proposes to issue Federal Implementation Plans (FIPs) that generally update the existing CSAPR NOX ozone-season emissions budgets for electricity generating units (EGUs) and implement these budgets via the CSAPR NOX ozone-season allowance trading program. The EPA would finalize a FIP for any state that does not have an approved SIP addressing its contribution by the date this rule is finalized. The EPA is proposing implementation starting with the 2017 ozone season. In conjunction with other federal and state actions, these requirements would assist downwind states in the eastern United States in attaining and maintaining the 2008 ozone standard. Comments must be received on or before January 19, 2016. (To submit comments, visit, reference Docket Number EPA–HQ–OAR–2015–0500.)

PROPOSED RULE: The Federal Transit Administration (FTA) seeks public comment on a notice of proposed rulemaking (NPRM) for safety certification training. FTA proposes to adopt the current interim safety certification training provisions as the initial regulatory training requirements for public transportation industry personnel responsible for safety oversight of public transportation systems. The NPRM defines to whom the training requirements apply, describes recordkeeping requirements, provides administrative provisions, and compliance requirements. Comments must be received by February 1, 2016. (To submit comments, visit, reference Docket Number FTA–2015–0014.)


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