August 7, 2012 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on petitions to list the Spring Mountains dark blue butterflies (Euphilotes ancilla purpura and Euphilotes ancilla cryptica) and Morand's checkerspot butterfly (Euphydryas anicia morandi) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition requesting listing of the Morand's checkerspot butterfly does not present substantial information indicating that listing that species may be warranted. In addition, based on our review, we find that the petition requesting listing of the two Spring Mountains dark blue butterflies presents substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, with the publication of this notice, we will initiate status reviews of the two Spring Mountains dark blue butterflies to determine whether listing is warranted. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these two subspecies. Based on these status reviews, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

On February 16, 2011, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Bolivar County, Mississippi, and Incorporated Areas. Specifically, it addresses the following flooding sources: Jones Bayou, Mississippi River, and Porter Bayou.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This document contains proposed regulations that amend the utility allowance regulations concerning the low-income housing tax credit. The proposed regulations update the utility allowance regulations to clarify that utility costs paid by a tenant based on actual consumption in a submetered rent-restricted unit are treated as paid by the tenant directly to the utility company. The proposed regulations affect owners of low-income housing projects that claim the credit, the tenants in those low-income housing projects, and the State and local housing credit agencies that administer the credit. This document also contains a notice of a public hearing on these proposed regulations.

The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Oklahoma's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA).

EPA is approving procedures for permitting certain sources in relation to the Forest County Potawatomi Community (FCP Community) Class I Area into the Wisconsin State Implementation Plan (SIP). These provisions were submitted by the Wisconsin Department of Natural Resources (WDNR) on May 12, 2011. The provisions include the regulation of certain sources constructing near the FCP Community Class I Area, as well as procedures for the FCP Community's demonstration regarding a source that may have an adverse impact on the Class I Area. The provisions implement portions of a Memorandum of Agreement (MOA) entered into by Wisconsin and the FCP Community as part of a dispute resolution related to the Class I Area redesignation.

EPA is approving, under the Clean Air Act (the Act), revisions to the Wisconsin State Implementation Plan (SIP) submitted on September 1, 2009, November 16, 2011, and January 26, 2012. The purpose of these revisions is to satisfy the Act's requirement that states revise their SIPs to include Reasonably Available Control Technology (RACT) for sources of Volatile Organic Compound (VOC) emissions in moderate ozone nonattainment areas. Wisconsin's VOC rules provide RACT requirements for the Milwaukee-Racine and Sheboygan 1997 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 and 2007 and satisfy the RACT requirements of the Act. EPA proposed this rule for approval on February 22, 2012, and received no comments.

In accordance with section 304 of the National Marine Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) has initiated a review of the Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) boundaries, to evaluate the opportunity and effects of expanding the sanctuary's boundary. The process required by NMSA will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). This notice also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470) with its ongoing NEPA process, pursuant to 36 CFR 800.8(a), including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of section 106. NOAA anticipates completion of the final environmental impact statement and concomitant documents will require approximately twelve months from the date of publication of this Notice of Intent.

OSHA is correcting the medical evaluation questionnaire in Appendix C of its Respiratory Protection standard by removing the term ``fits'' in a question. OSHA also is correcting its Mechanical Power Presses standard for general industry by restoring requirements that were removed inadvertently from the regulatory text. Finally, the Agency is correcting a cross reference made in two paragraphs in Appendix A to subpart L of its scaffold standards for construction.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the straight-horned markhor (Capra falconeri jerdoni) from endangered to threatened under the Endangered Species Act of 1973, as amended. This proposed action is based on a review of the best available scientific and commercial data which indicates that the endangered designation no longer correctly reflects the status of the straight-horned markhor. This proposal constitutes our 12-month finding on the petition to reclassify this subspecies, serves as our 5-year review, and fulfills our obligations under a settlement agreement. We are also proposing a special rule concurrently. The effects of these regulations are to correctly reflect the status of the subspecies and encourage conservation of additional populations of the straight-horned markhor.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-103, B4-203, and B4-2C airplanes, and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called A300-600 series airplanes). This AD was prompted by reports of cracking in the forward lug of the main landing gear (MLG) rib 5 aft bearing attachment. This AD requires repetitive inspections for cracking of the left-hand (LH) and right- hand (RH) wing MLG rib 5 aft bearing forward lugs, and repair if necessary. We are issuing this AD to detect and correct cracking of the LH and RH wing MLG rib 5 aft bearing forward lugs, which could affect the structural integrity of the MLG attachment, resulting in MLG collapse during landing or rollout with consequent damage to the airplane and injury to occupants.

We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a report that a passenger oxygen pipe at frame 10 was chafing against the forward lavatory rear structure, raising the risk of the oxygen pipe developing a crack. This AD requires modifying the routing of and, if necessary, replacing, the oxygen pipe. We are issuing this AD to prevent rupture of the oxygen pipe which, in case of a cabin depressurization, would impair operation of the passenger oxygen distribution system.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 767 airplanes. This AD was prompted by reports of cracks of the underwing longeron fittings in the wing center section. This AD requires repetitive inspections of the underwing longeron fitting for cracking, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct such cracking, which could result in loss of the primary load path between the fuselage and the wing box, and consequent catastrophic damage to the wing box and failure of the wing.