73842 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 

authorization of the agency, shall be 

liable to the Federal Government for the 

amount of the transaction, plus interest. 

The Service may collect such funds 

using procedures established in the 

applicable ACH Rules or by instructing 

a Federal Reserve Bank to debit the 

ODFI’s account at the Federal Reserve 

Bank of the account of its designated 

correspondent. The interest charge shall 

be at a rate equal to the Federal funds 

rate plus two percent, and shall be 

assessed for each calendar day, from the 

day the Treasury General Account 

(TGA) was debited to the day the TGA 

is recredited with the full amount due. 

(2) An RDFI that accepts an 

authorization in violation of § 210.4(a) 

shall be liable to the Federal 

Government for all credits or debits 

made in reliance on the authorization. 

An RDFI that transmits to an agency an 

authorization containing an incorrect 

account number shall be liable to the 

Federal Government for any resulting 

loss, up to the amount of the payment(s) 

made on the basis of the incorrect 

number. If an agency determines, after 

appropriate investigation, that a loss has 

occurred because an RDFI transmitted 

an authorization or notification of 

change containing an incorrect account 

number, the agency may instruct the 

Service to direct a Federal Reserve Bank 

to debit the RDFI’s account for the 

amount of the payment(s) made on the 

basis of the incorrect number. The 

agency shall notify the RDFI of the 

results of its investigation and provide 

the RDFI with a reasonable opportunity 

to respond before initiating such a debit. 

* * * * * 

Dated: December 9, 2014. 

Margaret Marquette, 

Chief Counsel, Bureau of the Fiscal Service. 

[FR Doc. 2014–29198 Filed 12–11–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0875] 

Drawbridge Operation Regulation; 

Mississippi River, Clinton, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Clinton 

Railroad Drawbridge, across the Upper 

Mississippi River, mile 518.0, at 

Clinton, Iowa. The deviation is 

necessary to allow the bridge owner 

time to perform preventive maintenance 

that is essential to the continued safe 

operation of the drawbridge. 

Maintenance is scheduled in the winter 

when there is less impact on navigation; 

instead of scheduling work in the 

summer, when river traffic increases. 

This deviation allows the bridge to open 

on signal if at least 24-hours advance 

notice is given. It further allows the 

bridge to open on signal if at least 72- 

hours advance notice is given from 

January 5, 2015 to February 13, 2015. 

DATES: This deviation is effective from 

5 p.m., December 15, 2014 until 9 a.m., 

March 1, 2015. 

ADDRESSES: The docket for this 

deviation, (USCG–2014–0875) is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation, West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email Eric.Washburn@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Union 

Pacific Railroad requested a temporary 

deviation for the Clinton Railroad 

Drawbridge, across the Upper 

Mississippi River, mile 518.0, at 

Clinton, Iowa to open on signal if at 

least 24-hours advance notice is given 

for 76 days from 5 p.m., December 15, 

2014 to 9 a.m., March 1, 2015 for 

scheduled maintenance on the bridge. 

The deviation further allows the bridge 

to open on signal if at least 72-hours 

advance notice from 8 a.m. January 5, 

2015 until 5 p.m. February 13, 2015. 

The Clinton Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridge shall open 

on signal. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

Winter conditions on the Upper 

Mississippi River coupled with the 

closure of Army Corps of Engineer’s 

Lock No. 17 (Mile 437.1 UMR) and Lock 

No. 20 (Mile 343.2 UMR) from 7 a.m. 

January 5, 2015 until 12 p.m., March 6, 

2015 will preclude any significant 

navigation demands for the drawspan 

opening. In addition, Army Corps Lock 

No. 12 (Mile 556.7 UMR) and Lock No. 

13 (Mile 522.5 UMR) will be closed 

from 7:30 a.m., December 15, 2014 until 

11 a.m. March 4, 2015. 

The Clinton Railroad Drawbridge, in 

the closed-to-navigation position, 

provides a vertical clearance of 18.7 feet 

above normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft and will not be significantly 

impacted. This temporary deviation has 

been coordinated with waterway users 

and will not be significantly impacted. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 25, 2014. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2014–29212 Filed 12–11–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0002; FRL–9920– 

34–Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Repeal of Lead Emission Rules for 

Stationary Sources in El Paso and 

Dallas County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) for Texas 

which repeals lead emission rules 

which cover stationary sources in El 

Paso and Dallas county that are no 

longer in existence. This action is being 

taken under section 110(k) and part D of 

the Clean Air Act (CAA). 

DATES: This rule is effective on February 

10, 2015 without further notice, unless 

EPA receives relevant adverse comment 

by January 12, 2015. If EPA receives 

such comment, EPA will publish a 


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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 73843 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R06– 

OAR–2005–TX–0002, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. Kenneth W. Boyce at 

boyce.kenneth@epa.gov. 

• Mail or Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2005– 

TX–0002. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index and in hard copy at EPA Region 

6, 1445 Ross Avenue, Suite 700, Dallas, 

Texas. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth W. Boyce (6PD–L), Air 

Planning Section, telephone (214) 665– 

7259, fax (214) 665–6762, email: 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

II. EPA Review 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The lead rules contained at 30 Texas 

Administrative Code Chapter 113 were 

adopted in 1984 as a result of emissions 

from a primary lead smelter (ASARCO) 

located in El Paso County, and two 

secondary lead smelters (battery 

recycling facilities) located in Dallas 

County (RSR and Dixie Metals). 

Subsequently, the lead processes in all 

three facilities were shut down and the 

equipment dismantled. Under its 

Regulation Reform initiative, the Texas 

Natural Resource Conservation 

Commission repealed these lead rules 

which were adopted to control site 

specific sources of lead in Dallas and El 

Paso Counties which are no longer in 

existence. 

II. EPA review 

Texas’ SIP revision to eliminate the 

lead rules was deemed complete by 

operation of law on August 5, 1999. 

These lead rules were adopted to 

control emissions from specific sources 

that are no longer in existence. A review 

of the emissions inventory for lead 

sources in Dallas and El Paso Counties 

confirms that there are no other 

operational primary or secondary lead 

smelters located within El Paso or 

Dallas counties. Therefore, it is no 

longer necessary for these rules to be 

included in the Texas SIP. Any new 

sources of lead in the future will have 

to demonstrate their operation will not 

cause violations of the more recent 2008 

National Ambient Air Quality standard 

for lead before receiving a permit to 

construct. This Standard is much more 

stringent than the Standard that was in 

place in 1999. Therefore, as required by 

section 110(l) of the CAA, these 

revisions will not interfere with 

attainment or contribute to 

nonattainment of any national ambient 

air quality standard and do not interfere 

with any other requirement of the CAA. 

Therefore, EPA is approving these 

revisions to the Texas SIP. 

III. Final Action 

In accordance with Section 110(a) and 

(l) and 40 CFR part 51, EPA is taking 

direct final action to approve the State 

of Texas’ January 13, 1999 SIP revision 

submittal which repealed its lead 

emission rules which applied to 

operating stationary sources in both El 

Paso County and Dallas County that are 

no longer in existence. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on February 10, 2015 

without further notice unless we receive 

relevant adverse comment by January 

12, 2015. If we receive relevant adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

relevant adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 


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73844 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 10, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Lead. 

Dated: November 19, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

§ 52.2270 [Amended] 

■ 2. In § 52.2270(c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by removing the 

centered headings and entries for 

‘‘Chapter 113 (Reg 3)—Control of Air 

Pollution From Toxic Materials’’. 

[FR Doc. 2014–29146 Filed 12–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[GC Docket No. 10–44; FCC 14–179] 

The Commission’s Rules of Practice 

and Procedure Relating to the Filing of 

Formal Complaints and Pole 

Attachment Complaints 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rules. 

SUMMARY: This document amends 

procedural rules implemented by the 

Commission’s 2011 determination that 

docketing and electronic filing be 

utilized in proceedings involving 

‘‘[n]ewly filed formal common carrier 

complaints and newly filed pole 

attachment complaints before the 

Enforcement Bureau.’’ The rule changes 

also apply to future filings made in 

existing Section 208 formal complaints 

and pole attachment complaints. In 

addition, the amendments make a few 

procedural changes to existing Section 

208 formal complaint and pole 

attachment complaint filing rules to 

create uniformity among them and ease 

of administration for parties and staff 

when initiating service of pleadings or 

filing confidential matters with the 

Commission. The rules further establish 

a single electronic inbox within 

Electronic Comment Filing System 

(ECFS) to handle the initial filing of the 

above-identified new complaints. 

Accepted complaints will receive a 

distinct ECFS docket number; rejected 

complaints will remain on ECFS but 

will be stored within the Inbox. 

DATES: Effective January 12, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Bridgham, Enforcement Bureau, 

Federal Communications Commission, 

Tracy.Bridgham@fcc.gov, (202) 418– 

0967. 

SUPPLEMENTARY INFORMATION: This 

document, adopted on November 5, 

2014 and released on November 12, 

2014, GC Docket No. 10–44, FCC 14– 

179, revises several sections of 47 CFR 

part 1. The rule changes will facilitate 

and enhance public participation in 

Commission section 208 formal 

complaint and section 224 pole 

attachment complaint proceedings, 

thereby making the Commission’s 

decision-making process more efficient, 

modern, and transparent. 

Regulatory Flexibility Act. The actions 

taken in this Order do not require notice 

and comment, and therefore fall outside 

the Regulatory Flexibility Act of 1980, 5 

U.S.C. 601(2); 603(a), as amended. We 

nonetheless anticipate that the rules we 

adopt today will not have a significant 

economic impact on a substantial 

number of small entities. As described 

above, the rules relate to our internal 

procedures and do not impose new 

substantive responsibilities on regulated 

entities. There is no reason to believe 

that operation of the revised rules will 

impose significant costs on parties to 

Commission proceedings. To the 

contrary, we take today’s actions with 

the expectation that, overall, they will 

make dealings with the Commission 

quicker, easier, and less costly for 

entities of all sizes. 

Paperwork Reduction Act. Although 

the rule sections affected by this 

proceeding have information collections 

associated with them, the Office of 

Management and Budget has 


rljohnson on DSK3VPTVN1PROD with RULES