2011 – Federal Register Recent Federal Regulation Documents

In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding continuing efforts to increase flexibility in the use of microwave services licensed under our rules.

In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding concerning a rule that requires facilities-based providers of commercial mobile data services to offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations, thereby advancing the Commission's goal of ensuring that all Americans have access to competitive broadband mobile data services.

We are superseding an existing airworthiness directive (AD) for certain Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. This new AD adds inspections for cracking in additional fuselage crown skin locations, and repair if necessary. This new AD also reduces the inspection thresholds for certain airplanes, extends certain repetitive inspection intervals, and adds airplanes to the applicability of the existing AD. This AD was prompted by reports of additional crack findings of the fuselage crown skin at the chem- milled steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

We are adopting a new airworthiness directive (AD) for Bombardier, Inc. Model DHC-8-201 and -202 airplanes with FAA Supplemental Type Certificate (STC) ST00753NY (Transport Canada Civil Aviation (TCCA) STC SA97-106) installed. This 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:

The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Refining and Supply CompanyBeaumont Refinery (Beaumont Refinery) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by Beaumont Refinery to delist to have centrifuge solids generated from treatment of Tank Bottoms from its Lower Park Tank Farm excluded, or delisted, from the definition of a hazardous waste. The centrifuge solids are derived from the management and treatment of several F- and K-waste codes. These waste codes are F037, F038, K048, K049, K051, K052, K169, and K170. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the centrifuge solids generated at Beaumont Refinery's Beaumont, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.

The Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) are extending the comment period to January 27, 2012, for the notice entitled ``Approaches to Reducing Sodium Consumption; Establishment of Dockets; Request for Comments, Data, and Information,'' that appeared in the Federal Register of September 15, 2011 (76 FR 57050). In that notice, FDA and FSIS requested comments on research, data, and other information that will better inform both Agencies about current and emerging practices by the private sector regarding sodium reduction in foods; current consumer understanding of the role of sodium in hypertension and other chronic illnesses; sodium consumption practices; motivation and barriers in reducing sodium in consumers' food intakes; and issues associated with the development of targets for sodium reduction in foods to promote reduction in excess sodium intake. FDA and FSIS are extending the comment period in response to a request from an industry association for additional time to allow interested persons to submit comments.

The U.S. Nuclear Regulatory Commission (NRC) will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on December 15, 2011, to discuss the ACMUI's recommendations on proposed revisions to the Abnormal Occurrence medical event criteria. A copy of the agenda for the meeting will be available at https://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by contacting Ms. Ashley Cockerham using the information below.

The Federal Medical Assistance Percentages (FMAP), Enhanced Federal Medical Assistance Percentages (eFMAP), and disaster-recovery FMAP adjustments for Fiscal Year 2013 have been calculated pursuant to the Social Security Act (the Act). These percentages will be effective from October 1, 2012 through September 30, 2013. This notice announces the calculated FMAP and eFMAP rates that the U.S. Department of Health and Human Services (HHS) will use in determining the amount of federal matching for state medical assistance (Medicaid) and Children's Health Insurance Program (CHIP) expenditures, Temporary Assistance for Needy Families (TANF) Contingency Funds, Child Support Enforcement collections, Child Care Mandatory and Matching Funds of the Child Care and Development Fund, Foster Care Title IV-E Maintenance payments, and Adoption Assistance payments. Table 1 gives figures for each of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. This notice also announces the disaster-recovery FMAP adjustments for qualifying states for FY 2013 that the U.S. Department of Health and Human Services (HHS) will use in determining the amount of federal matching for state medical assistance (Medicaid) and title IV-E Foster Care, Adoption Assistance and Guardianship Assistance programs. Programs under title XIX of the Act exist in each jurisdiction. Programs under titles I, X, and XIV operate only in Guam and the Virgin Islands, while a program under title XVI (Aid to the Aged, Blind, or Disabled) operates only in Puerto Rico. The percentages in this notice apply to state expenditures for most medical assistance and child health assistance, and assistance payments for certain social services. The Act provides separately for federal matching of administrative costs. Sections 1905(b) and 1101(a)(8)(B) of the Social Security Act (the Act) require the Secretary of HHS to publish the FMAP rates each year. The Secretary calculates the percentages, using formulas in sections 1905(b) and 1101(a)(8), and calculations by the Department of Commerce of average income per person in each state and for the Nation as a whole. The percentages must fall within the upper and lower limits given in section 1905(b) of the Act. The percentages for the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands are specified in statute, and thus are not based on the statutory formula that determines the percentages for the 50 States. Section 1905(b) of the Act specifies the formula for calculating FMAPs as follows:

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, 1432.29, is scheduled to expire on April 30, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The South Atlantic Fishery Management Council (Council) previously published a NOI for Amendment 18 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18), on January 28, 2009, which has subsequently been divided into five separate amendments to the FMP for the Snapper- Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). The new amendments to the Snapper-Grouper FMP are: Amendment 18A, which is supported by an Environmental Impact Statement (EIS); Amendment 18B, which is supported by an Environmental Assessment (EA); Amendment 18C, for which the specific National Environmental Policy Act (NEPA) document type (EIS or EA) has not yet been determined; Amendment 20A, which is supported by an EA; and Amendment 20B, for which the specific NEPA document has also not yet been determined. If Amendments 18C and 20B to the Snapper-Grouper FMP subsequently require the development of DEISs, NOIs for those amendments will be published in the Federal Register at a later date. This supplemental NOI is intended to inform the public of the Council's decision to divide the actions in Amendment 18 into five separate amendments and subsequently prepare separate supporting NEPA documents for the new amendments. Comments are being solicited on each of the Amendments, regardless of the specific NEPA document being prepared.

NMFS issues this notice to decrease the fee rate for the non- pollock groundfish fishery to repay the $35,000,000 reduction loan to finance the non-pollock groundfish fishing capacity reduction program.

This notice announces the availability of EPA's action identifying water quality limited segments and associated pollutants in Louisiana to be listed pursuant to Clean Water Act Section 303(d), and request for public comment. Section 303(d) requires that States submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain State water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On November 17, 2011, EPA partially approved and proposed to partially disapprove Louisiana's 2010 Section 303(d) submittal. Specifically, EPA approved Louisiana's listing of 410 waterbody pollutant combinations, and associated priority rankings. EPA proposed to disapprove Louisiana's decisions not to list three waterbodies. These three waterbodies were added by EPA because the applicable numeric water quality standards marine criterion for dissolved oxygen was not attained in these segments. EPA is providing the public the opportunity to review its proposed decisions to add the three waters to Louisiana's 2010 Section 303(d) List. EPA will consider public comments and if necessary amend its proposed action on the additional waterbodies identified for inclusion on Louisiana's Final 2010 Section 303(d) List.

The current version of the Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines), effective on October 1, 2010, addresses the role and qualifications of Medical Review Officers (MROs) and HHS approval of entities that certify MROs. Subpart MMedical Review Officer (MRO), Section 13.1(b), ``Who may serve as an MRO?'' states as follows: ``Nationally recognized entities that certify MROs or subspecialty boards for physicians performing a review of Federal employee drug testing results that seek approval by the Secretary must submit their qualifications and a sample examination. Based on an annual objective review of the qualifications and content of the examination, the Secretary shall publish a list in the Federal Register of those entities and boards that have been approved.'' HHS has completed its review of entities that train and certify MROs, in accordance with requests submitted by such entities to HHS. (1) The HHS Secretary approves the following MRO certifying entities that offer both MRO training and certification through examination:

On July 29, 2010, September 16, 2011, and September 29, 2011, the Illinois Environmental Protection Agency (IEPA) submitted several volatile organic compound (VOC) rules for approval into its State Implementation Plan (SIP). The purpose of these rules is to satisfy the Clean Air Act's (the Act) requirement that States revise their SIPs to include reasonably available control technology (RACT) for sources of VOC emissions in moderate ozone nonattainment areas. Illinois' VOC rules provide RACT requirements for the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. These rules are approvable because they are consistent with the Control Technique Guideline (CTG) documents issued by EPA in 2006, 2007, and 2008 and satisfy the RACT requirements of the Act.

Pursuant to section 14(a)(2)(A) of the Federal Advisory Committee Act (Pub. L. 92-463) and in accordance with Title 41 of the Code of Federal Regulations, Section 102-3.65(a), and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the National Coal Council will be renewed for a two-year period beginning November 23, 2011. The Council will provide advice and recommendations to the Secretary of Energy on general policy matters relating to coal issues. Additionally, the renewal of the Council has been determined to be essential to the conduct of the Department's business and to be in the public interest in connection with the performance of duties imposed upon the Department of Energy by law and agreement. The Council will continue to operate in accordance with the provisions of the Federal Advisory Committee Act and the rules and regulations in implementation of that Act.

The Commission is noticing a recently-filed Postal Service application for an exemption from the annual revenue limitation that applies to market tests of experimental market dominant products. It seeks the exemption for Every Door Direct Mail Retail, a Standard Flats experiment now underway. This document describes the Postal Service's reasons for seeking the exemption, addresses procedural aspects of the filing, and invites public comment.

The Final Environmental Impact Statement (EIS) for the Windy Gap Firming Project is available for public review. The Bureau of Reclamation (Reclamation) has evaluated comments and has identified Alternative 2 as the Preferred Alternative. The Preferred Alternative includes construction of Chimney Hollow Reservoir, pre-positioning of Colorado-Big Thompson (C-BT) water in the new reservoir, and a new pipeline to convey water to the reservoir from existing C-BT facilities.