June 15, 2012 – Federal Register Recent Federal Regulation Documents

TransCanada Keystone Pipeline, L.P. (TransCanada) has applied to the United States Department of State for a Presidential Permit authorizing the construction, operation, and maintenance of facilities at the border of the United States for the importation of crude oil from a foreign country (Canada). Authorization is being requested in connection with TransCanada's proposed international pipeline project (the revised Keystone XL Project), which is designed to transport crude oil from the Western Canadian Sedimentary Basin and the Williston Basin to existing pipeline facilities near Steele City, Nebraska for onward transport to markets in the Texas Gulf Coast area. The Department of State receives and considers applications for Presidential Permits for such energy-related pipelines pursuant to authority delegated to it by the President under Executive Order 13337 of April 30, 2004 (69 FR 25299), as amended. To issue a Permit, the Department of State must find that issuance would serve the national interest. In the course of processing such applications, the Department consults extensively with concerned Federal and State agencies, and invites public comment in arriving at its determination. The Department of State previously evaluated potential impacts resulting from construction, operation, and maintenance of a longer pipeline that would have terminated in the Port Arthur and east Houston areas of Texas. The Final Environmental Impact Statement for that proposed project was issued on August 26, 2011. On January 18, 2012, the Department announced its determination that the projectas presented and analyzed at that timedid not serve the national interest. Archived documents can be found at www.keystonepipeline- xl.state.gov/archive/index.htm. TransCanada has submitted a new Presidential Permit application with a revised proposed route that extends from the Canadian border in Phillips County, Montana to Steele City, Nebraska and avoids the Sand Hills region of Nebraska. The Nebraska Department of Environmental Quality has identified the Sand Hills region and is currently evaluating the potential impacts associated with the proposed new route(s). The Department of State has entered into a Memorandum of Understanding with the Nebraska Department of Environmental Quality to facilitate coordination and cooperation between the State and the Federal government. TransCanada has indicated to the Department of State that it has decided to proceed with construction of a pipeline from Cushing, Oklahoma to the Gulf Coast of Texas, which had been included as part of the Keystone XL project in the previous application, as an independent project. Thus, TransCanada did not include the proposed pipeline from Cushing to the Gulf Coast as part of the project in the revised Presidential Permit application. With respect to the application submitted by TransCanada, the Department of State has concluded, consistent with the National Environmental Policy Act (NEPA) of 1969, that the issuance of the new Presidential Permit would constitute a major Federal action that may have a significant impact upon the environment. For this reason, Department of State intends to prepare a Supplement to the Final Environmental Impact Statement dated August 26, 2011, to address reasonably foreseeable impacts from the proposed action and alternatives. Additionally the Department of State has determined that it will undertake a review of the potential issuance of the Presidential Permit consistent with Section 106 of the National Historic Preservation Act and is consequently initiating the appropriate consultation. Consultation will be conducted with State Historic Preservation Officers, Indian tribes, and the Advisory Council on Historic Preservation, and other consulting parties, as appropriate, to determine the locations (if any) of potential sites for inclusion on the National Register of Historic Places as well as the potential eligibility and findings of effect for cultural resources identified within the Keystone XL Area of Potential Effect. The purpose of this Notice of Intent (NOI) is to inform the public about the proposed action, announce plans for scoping opportunities, invite public participation in the scoping process, and solicit public comments for consideration in establishing the scope and content of the SEIS.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is seeking public comment for the supplemental scoping process for the Bell Bend combined license (COL) application review.

The Coast Guard is establishing a 420-foot radius safety zone on the navigable waters of the Pagan River in Smithfield, VA in support of the Fourth of July Fireworks event. This action is intended to restrict vessel traffic movement to protect mariners and spectators from the hazards associated with aerial fireworks displays.

The Federal Housing Finance Agency (``FHFA'') hereby issues this Notice of Proposed Rulemaking (NPR) concerning underwriting standards for the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac), (together, the Enterprises) relating to mortgage assets affected by Property Assessed Clean Energy (``PACE'') programs. The NPR reviews FHFA's statutory authority as the federal supervisory regulator of the Enterprises, reviews FHFA's statutory role and authority as the Conservator of each Enterprise, summarizes issues relating to PACE that are relevant to FHFA's supervision and direction of the Enterprises, summarizes comments received on subjects relating to PACE on which FHFA has considered alternative proposed rules, sets forth FHFA's responses to issues raised in the comments, presents the proposed rule and alternatives FHFA is considering, and invites comments from the public.

This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in July 2012 and interest assumptions under the asset allocation regulation for valuation dates in the third quarter of 2012. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at various times from July 19, 2012 until July 27, 2012. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the Army Corps of Engineers' safety testing of the demonstration barrier and barriers IIA and IIB.

The draft Rural Water Assessment Report reviews the status of the Bureau of Reclamation's rural potable water projects and its plan for completing projects authorized before enactment of the Rural Water Supply Act and including a description of the proposed prioritization criteria as an appendix. It also describes Federal Programs supporting development and management of water supplies in rural communities in the 17 western states and describes Reclamation's plans to coordinate the Rural Water Supply Program with similar programs managed by other agencies.

The U.S. Army Corps of Engineers, Los Angeles District Regulatory Division (Corps), in coordination with the Los Angeles Harbor Department/Port of Los Angeles, has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 302-306 American Presidents Line (APL) Container Terminal Project. This Notice serves as the 30-day Notice of Availability for the Final EIS/EIR for the project, which will conclude on July 16, 2012. Berths 302-305 are currently operational and encompass approximately 291 acres of land and water including 12 container cranes, a 4,000-foot-long wharf, utility infrastructure, truck gates, intermodal rail, and terminal buildings to support operations. The Project would result in an additional 12 container cranes distributed among Berths 302-306 with eight new cranes proposed at Berth 306, a new 1,250-foot-long wharf at Berth 306, and development of 41 acres of backlands for container storage and distribution, including installation of utility infrastructure to support future automation at Berth 306 and the 41 acre backland. The Project would result in an approximately 347-acre marine container terminal, and would include the following construction and operational elements: Dredging, wharf construction, additional container cranes; expanded container yard and associated structures and utilities; modification of truck gates, associated structures, and roadwork. The Port of Los Angeles (Port) requires authorization pursuant to Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act, to implement regulated activities in and over waters of the U.S. associated with expanding the existing APL container terminal. The Corps and the Port as the state lead agency prepared an EIS/EIR in order to optimize efficiency and avoid duplication. The EIS/EIR is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals. The following proposed activities require authorization from the Corps: (1) Construction of a new 1,250-foot-long concrete pile-supported wharf at Berth 306 which is immediately adjacent to the existing 4,000-foot-long wharf at Berths 302-305, (2) installation of 12 new gantry cranes between Berths 302-306 with at least eight (8) new cranes at Berth 306 associated with development and operation of the 41-acre backlands at Berth 306, (3) dredging of approximately 20,000 cubic yards (cy) of sediment from Berth 306 to increase the depth to -55 feet mean lower low water (MLLW) plus an additional two feet of overdepth dredging to - 57 feet MLLW, and (4) disposal of dredged material in Berth 243-245 confined disposal facility (CDF), the Cabrillo Shallow Water Habitat Area, or at LA-2 (unconfined ocean disposal).

The Commodity Futures Trading Commission has determined to renew the charter of its Global Markets Advisory Committee.

We propose to adopt a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as excessive voids in the adhesive joint between the center wing spars and the upper center wing skins. This condition could cause the wing to fail, which could result in loss of control of the airplane. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management (BLM) will issue an appealable decision to Chugach Alaska Corporation. The decision will approve conveyance of the surface and subsurface estates in certain lands pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq). The lands are located southeast of Whittier, Alaska, and contain 33.87 acres. Notice of the decision will also be published four times in the Anchorage Daily News.

As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management (BLM) will issue an appealable decision to Nunapiglluraq Corporation (Native Village of Hamilton). The decision approves the surface estate in the lands described below for conveyance pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq). The subsurface estate in these lands will be conveyed to Calista Corporation when the surface estate is conveyed to Nunapiglluraq Corporation. The lands are in the vicinity of Hamilton, Alaska, and are located in:

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Cargo Container and Road Vehicle for Transport under Customs Seal. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (77 FR 21577) on April 10, 2012, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

NMFS issues a proposed rule that would modify equipment and operational requirements for freezer longliners (catcher/processors) named on License Limitation Program (LLP) licenses endorsed to catch and process Pacific cod at sea with hook-and-line gear in the Bering Sea and Aleutian Islands Management Area (BSAI). If approved, the proposed regulations would require vessel owners to select between two monitoring options: carry two observers so that all catch can be sampled, or carry one observer and use a motion-compensated scale to weigh Pacific cod before it is processed. The selected monitoring option would be required to be used when the vessel is operating in either the BSAI or Gulf of Alaska groundfish fisheries when directed fishing for Pacific cod is open in the BSAI, or while the vessel is fishing for groundfish under the Western Alaska Community Development Quota (CDQ) Program. A vessel owner who notifies NMFS that the vessel will not be used to conduct directed fishing for Pacific cod in the BSAI or to conduct groundfish CDQ fishing at any time during a particular year would not be required to select one of the monitoring options and would continue to follow observer coverage and catch reporting requirements that apply to catcher/processors not subject to this proposed action. These regulatory amendments address the need for enhanced catch accounting, monitoring, and enforcement created by the formation of a voluntary cooperative by the BSAI longline catcher/ processor subsector in 2010, and are necessary to improve the precision of the accounting for allocated quota species. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.