Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Proposed Rules 76893 

tactics would be dangerous or 

ineffective. 

(g) Notwithstanding § 632.7(b), an 

LESD will not be used: 

(1) When it is known that the subject 

has come into contact with flammable 

liquids or is in a flammable 

environment; or 

(2) When the subject is in a position 

where falling may cause significant 

injury or death; or 

(3) As a punitive measure to coerce an 

uncooperative subject; or 

(4) To awaken an unconscious subject 

(e.g., due to intoxication). 

(h) Notwithstanding § 632.7(b), an 

LESD should not be used in the 

following circumstances unless 

absolutely necessary: 

(1) On a subject operating a motor 

vehicle; or 

(2) On a subject gripping a firearm; or 

(3) On women known or suspected to 

be pregnant; or 

(4) On persons perceived to be 60 

years of age or older, or disabled; or 

(5) On persons perceived to be 

children 14 years of age or younger. 

(i) Post-employment responsibilities. 

(1) Law enforcement, correctional or 

security personnel must seek medical 

treatment or clearance from medical 

personnel prior to further law 

enforcement processing after employing 

an LESD on a non-compliant subject. 

(2) If requested by the subject, law 

enforcement, correctional or security 

personnel must ensure that medical 

treatment is provided after an LESD has 

been employed, regardless of the 

subject’s apparent medical condition. 

(3) If an LESD probes are lodged in 

the soft tissue areas near the eye, throat, 

ear, groin, or genitals, law enforcement, 

correctional or security personnel will 

summon medical personnel to the 

scene, or will transport the subject to 

the nearest medical facility to have the 

probes removed by medical personnel. 

(4) During processing, the 

apprehending law enforcement 

personnel will inform the detention 

personnel that they employed an LESD 

against the subject. Law enforcement 

personnel will not transfer a subject to 

a detention center after employment of 

an LESD if the probes have not been 

removed, or if the subject has not 

received, requested or required medical 

care. 

§ 632.8 Oleoresin capsicum (OC) spray. 

(a) The Army M39 Individual Riot 

Control Agent Dispenser (IRCAD) 

contains OC and is intended for law 

enforcement use in self-defense and for 

controlling rioters, prisoners, and/or 

non-compliant subjects. It is designed to 

provide a safe and effective way to 

subdue a subject without causing 

permanent injury. The M39 IRCAD 

contains enough OC or ‘‘pepper spray’’ 

for 15 one-second bursts. It has an 

operational range of 10 to 30 feet. ST 

19–LESM, task 191–376–5108 and task 

191–389–0037, outlines performance 

measures to subdue a subject with OC 

spray while in performance of law 

enforcement duties. Soldier Training 

Publication (STP) 19–31E1–SM, task 

191–31E–0042 and 191–31E–1369, 

outline performance measures for use of 

OC spray while in a correctional facility. 

(b) Medical considerations. (1) Once 

the subject has been taken into custody, 

begin the decontamination process. 

(2) During transport, reassure the 

subject and monitor them for medical 

distress, coherence, and respiration. 

(3) Seek immediate medical assistance 

upon any sign of medical distress. 

(4) Seek medical assistance if the 

direct effects of the OC spray does not 

dissipate within an hour. 

§ 632.9 Expandable or straight baton. 

(a) The baton is used for law 

enforcement self-defense and for 

keeping rioters and/or non-compliant 

subjects out of arms reach. The baton 

may be employed in situations where 

the use of a firearm is not authorized or 

necessary, and when law enforcement, 

correctional or security personnel 

reasonably believe that a lower level of 

force will be ineffective or jeopardize 

the safety of the law enforcement 

personnel. 

(b) Authorized use. The baton may be 

used as a defensive impact instrument 

to block or strike an assailant. The 

subjects’ actions and levels of resistance 

will determine how the baton is 

employed. STP 19–LESM, task 191– 

376–5210, outlines performance 

measures (e.g. appropriate and 

inappropriate strike areas) to subdue a 

subject with a straight baton while in 

performance of law enforcement duties. 

STP 19–31E–SM, task 191–376–4140, 

outlines performance measures when 

using a riot baton as a member of a riot 

control formation. 

(c) Location of use. Consideration 

must be used when employing the baton 

on vital areas of the body such as the 

head, neck or spine. Baton blows to the 

head can cripple or kill. Batons will not 

be used to apply pressure to the head, 

neck or throat. 

§ 632.10 Jurisdiction and authority. 

(a) The DES, Correctional Facility 

Commander or PM for each installation, 

in coordination with the senior/garrison 

commander and the staff judge advocate 

(SJA), may place further limitations on 

the use of an LESD, OC, and/or baton 

beyond what is provided in this part. 

The servicing SJA is critical in 

analyzing the particular installation’s 

jurisdictional arrangement, and 

determining whether state law (for U.S. 

installations) or host nation law (for 

non-U.S. installations) impacts the use 

of LESD, OC and/or baton on the 

installation. 

(b) After consultation with the 

servicing judge advocate or legal 

advisor, conduct the appropriate level of 

inquiry in accordance with AR 15–6 for 

all incidents involving law enforcement 

personnel’s application of physical force 

in the line of duty. The completed 

inquiry will be filed as an enclosure 

within the Law Enforcement Report. 

[FR Doc. 2015–31194 Filed 12–10–15; 8:45 am] 

BILLING CODE 3710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0563; FRL–9939–79– 

Region 5] 

Air Plan Approval; Minnesota; 

Transportation Conformity Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision submitted by the State of 

Minnesota on July 16, 2015. The 

purpose of this revision is to establish 

transportation conformity criteria and 

procedures related to interagency 

consultation, and enforceability of 

certain transportation related control 

and mitigation measures. 

DATES: Comments must be received on 

or before January 11, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0563, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
76894 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Proposed Rules 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules section of this Federal Register, 

EPA is approving Minnesota’s state 

implementation plan 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 rule, 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. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: November 23, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–31063 Filed 12–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2015–0755, FRL–9940–00– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; 

Commonwealth of Puerto Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State plan submitted by the 

Commonwealth of Puerto Rico to 

implement and enforce the Emission 

Guidelines (EG) for existing sewage 

sludge incineration (SSI) units. Puerto 

Rico’s plan is consistent with the EG 

promulgated by the EPA on March 21, 

2011. Puerto Rico’s plan establishes 

emission limits and other requirements 

for the purpose of reducing toxic air 

emissions and other air pollutants from 

existing SSI units throughout the 

Commonwealth. At the request of 

Puerto Rico, the EPA is proposing not to 

take action on a provision of its SSI plan 

allowing for affirmative defenses of 

Clean Air Act violations in the case of 

malfunctions. Puerto Rico submitted its 

plan to fulfill the requirements of 

sections 111(d) and 129 of the Clean Air 

Act. 

DATES: Written comments must be 

received on or before January 11, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2015–0755 by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: Ruvo.Richard@epa.gov. 

• Mail: EPA–R02–OAR–2015–0755, 

Richard Ruvo, Chief, Air Programs 

Branch, Environmental Protection 

Agency, Region 2 Office, 290 Broadway, 

25th Floor, New York, New York 

10007–1866. 

• Hand Delivery: Richard Ruvo, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:00 p.m. excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2015– 

0755. The 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 the EPA’s public docket visit the 

EPA Docket Center homepage at http:// 

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

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available at 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. The EPA 

requests, if at all possible, that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:00 p.m., excluding federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

(Gardella.anthony@epa.gov), 

Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 


jstallworth on DSK7TPTVN1PROD with PROPOSALS