September 18, 2012 – Federal Register Recent Federal Regulation Documents
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Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition for Rulemaking To Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services
In this Report and Order, the Commission suspends, on an interim basis, the Commission's rules allowing for automatic pricing flexibility grants for special access services, pending adoption of new rules. The Commission suspends its pricing flexibility rules in light of evidence that the proxies for measuring actual and potential special access market competition, which are based on collocation by competitive carriers within a Metropolitan Statistical Area (MSA), do not accurately predict whether competition is sufficient to constrain special access prices and deter anticompetitive practices by price cap local exchange carriers. In the Report and Order, the Commission also initiates a process to obtain data needed to conduct a special access market analysis. Based on this forthcoming data collection, the Commission will undertake a robust special access market analysis to determine the extent to which the special access market is competitive and develop special access pricing flexibility rules to replace the collocation-based competitive showings.
Long Term 2 Enhanced Surface Water Treatment Rule: Public Meeting on Monitoring Data Analysis, Occurrence Forecasts, Binning, and the Microbial Toolbox
The U.S. Environmental Protection Agency (EPA) is hosting a public meeting on November 15, 2012, concerning monitoring, binning and microbial toolbox information as part of the regulatory review of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2 rule). At this meeting, EPA plans to discuss and solicit public input on data and information related to several topics. The first topic is the results of the first round of LT2 Cryptosporidium monitoring that are used to determine which one of the four categories (i.e., bins) a public drinking water system (PWS) should be placed. The second topic is the implications of predicted occurrence and bin category placement that may result from a second round of Cryptosporidium monitoring using the existing or enhanced analytical methods. The third topic is the effectiveness of Escherichia coli as a screen to identify small filtered PWSs that need to perform Cryptosporidium monitoring for bin placement. The fourth topic is the determination of the potential credits assigned to different risk mitigation tools. EPA will also provide background information on the LT2 rule's monitoring and binning requirements, microbial toolbox options for risk management, and the agency's Six Year Review process. EPA will consider the data and/or information discussed at this meeting during the agency's review of the LT2 rule, which the agency has announced as part of both the Retrospective Review Plan under Executive Order (E.O.) 13563 and the third Six-Year Review under the Safe Drinking Water Act.
Endangered and Threatened Species; Reopening of Public Comment Period on Proposed Endangered Status for the Hawaiian Insular False Killer Whale Distinct Population Segment
We, NMFS, announce the availability of new information that may identify a previously unrecognized population of false killer whales in the Northwestern Hawaiian Islands (NWHI). This new information may be relevant to the final determination of whether the Hawaiian insular false killer whale (Pseudorca crassidens) is a distinct population segment (DPS) that qualifies for listing under the Endangered Species Act of 1973, as amended (ESA). We intend to take this new information into consideration as we make our final listing determination on the Hawaiian insular false killer whale. We are reopening the public comment period on the November 17, 2010, proposed rule to list the Hawaiian insular false killer whale DPS as endangered throughout its range under the ESA. We are reopening the comment period for an additional 15 days for the limited purpose of allowing interested parties to comment on the new information listed below and whether it affects the determination that the insular false killer whale is a DPS that is eligible for ESA listing. Please note that comments previously submitted should not be resubmitted.
Native American Housing Assistance and Self-Determination Reauthorization Act of 1996: Request for Nominations for Negotiated Rulemaking Committee Membership
On July 3, 2012, HUD published a Federal Register notice announcing its intent to initiate negotiated rulemaking for the purpose of developing regulatory changes to the funding formula for the Indian Housing Block Grant program authorized by the Native American Housing Assistance and Self-Determination Act of 1996. This document explains how persons may be nominated to serve as members on the negotiated rulemaking committee.
Airworthiness Directives; Airbus Airplanes
We are superseding an existing airworthiness directive (AD) for all Airbus Model A330-243, -341, -342 and -343 airplanes. That AD currently requires modifying certain cowl assemblies of the left- and right-hand thrust reversers. This new AD requires removing certain C- duct assemblies of the left- and right-hand thrust reversers from service at certain designated life limits, and also adds airplanes to the applicability. This AD was prompted by new life limits on certain thrust reverser C-duct assemblies. We are issuing this AD to prevent fatigue cracking of the hinges integrated into the 12 o'clock beam of the thrust reversers, which could result in separation of a thrust reverser from the airplane, and consequent reduced controllability of the airplane.
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
We propose to supersede an existing airworthiness directive (AD) that applies to all Piper Aircraft, Inc. Models PA-31, PA-31-325, and PA-31-350 airplanes. The existing AD currently requires a detailed repetitive inspection of the exhaust system downstream of the turbochargers and repair or replacement of parts as necessary. Since we issued that AD, forced landings of aircraft have occurred due to exhaust system failures upstream of aircraft turbochargers and between recurring detailed inspections. This proposed AD would require both visual and detailed repetitive inspections, expanding the inspection scope to include the entirety of each airplane exhaust system. We are proposing this AD to prevent the possibility of an inflight powerplant fire due to an exhaust system failure.
Federal Voting Assistance Program
This rule concerns the Federal Voting Assistance Program (FVAP). It provides direction and guidance to the Department of Defense and other Federal departments and agencies in establishing voting assistance programs for citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as modified by the Military and Overseas Voter Empowerment Act. The 2012 election cycle starts with the January 10, 2012 New Hampshire Presidential Preference Primary and continues through the November 6, 2012 General Election. This 2012 election schedule requires that the policies and procedures set forth in the rule must be in place to ensure that citizens voting under UOCAVA are fully guided and supported through established voting assistance programs within the Federal departments and agencies. Therefore, this rule is being established as an interim final rule to allow promulgation of appropriate direction and guidance prior to completion of a public comment period.
Airworthiness Directives; Stemme GmbH & Co. KG Powered Sailplanes
We propose to adopt a new airworthiness directive (AD) for all Stemme GmbH & Co. KG Models S10, S10-V, and S10-VT powered sailplanes. 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 unapproved rubber hoses installed in the engine fuel, oil, and cooling systems, which could lead to a system leak and result in an engine fire. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Safety Zone; Fleet Week Fireworks, San Francisco Bay, San Francisco, CA
The Coast Guard will enforce the safety zone for the Fleet Week Fireworks in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).
Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville Parish, LA
The Coast Guard is removing the existing drawbridge operation regulation for the Union Pacific railroad swing bridge over Grosse Tete Bayou, mile 14.7, Iberville Parish, Louisiana. This bridge has been modified from a swing bridge to a fixed bridge and the current special operating regulation is no longer applicable or necessary.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-700 and -700C series airplanes. This proposed AD was prompted by reports of early fatigue cracks at chem-mill areas on the crown skin panels. This proposed AD would require repetitive inspections for cracking of the fuselage skin at certain locations at chem-mill areas, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the skin panel at the specified chem-mill step locations, which could result in rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-800 series airplanes. This proposed AD was prompted by reports of early fatigue cracks at chem- mill areas on the crown skin panels. This proposed AD would require repetitive inspections for cracking of the fuselage skin along chem- mill steps at certain crown skin and shear wrinkle areas, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the skin panel at the specified chem-mill step locations, which could result in rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600 series airplanes. This proposed AD was prompted by reports of early fatigue cracks at chem- mill areas on the crown skin panels. This proposed AD would require repetitive inspections for cracking of the fuselage skin at certain locations at chem-mill areas, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the skin panel at the specified chem- mill step locations, which could result in rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-900 and -900ER series airplanes. This proposed AD was prompted by reports of early fatigue cracks at chem-mill areas on the crown skin panels. This proposed AD would require repetitive inspections for cracking of the fuselage skin along chem-mill steps at certain crown skin and shear wrinkle areas, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the skin panel at the specified chem-mill step locations, which could result in rapid decompression of the airplane.
National Priorities List, Final Rule No. 55
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds 12 sites to the General Superfund Section of the NPL.
National Priorities List, Proposed Rule No. 57
The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to: (1) Add seven sites to the General Superfund section of the NPL; (2) add one site to the Federal Facilities section of the NPL; (3) correct an error in the Appendix B footnote description; and (4) correct an error in the state location for Five Points PCE Plume site. This rule also withdraws one site from proposal to the NPL.
Special Conditions: Embraer S.A., Models EMB-135 and EMB-145 Series; Airplane Seats with Non-Traditional, Large, Non-Metallic Panels
These special conditions are issued for the Embraer S.A. Models EMB-135 and EMB-145 series airplanes. These airplanes will have a novel or unusual design feature associated with the airplane seats that have non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List 14 Aquatic Mollusks as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the basalt juga (Juga new species (n. sp.) 2), canary duskysnail (Colligyrus convexus), cinnamon juga (Juga n. sp. 3), Columbia duskysnail (Colligyrus n. sp. 1), Fredenburg pebblesnail (Fluminicola n. sp. 11), Goose Valley pebblesnail (Fluminicola anserinus), Hat Creek pebblesnail (Fluminicola umbilicatus), Klamath Rim pebblesnail (Fluminicola n. sp. 3), knobby rams-horn (Vorticifex n. sp. 1), masked duskysnail (Colligyrus n. sp. 2), nugget pebblesnail (Fluminicola seminalis), Potem Creek pebblesnail (Fluminicola potemicus), Shasta pebblesnail (Fluminicola multifarius), and tall pebblesnail (Fluminicola n. sp. 2) as endangered or threatened, and to designate critical habitat, under the Endangered Species Act of 1973, as amended (Act). The Fredenburg pebblesnail and the Klamath Rim pebblesnail were referred to in the petition and in our 90-day finding (76 FR 61826) as the nerite pebblesnail and the diminutive pebblesnail, respectively (see Clarification Regarding Common Names for Two Petitioned Aquatic Mollusks, below). After review of the best available scientific and commercial information, we find that listing the basalt juga, cinnamon juga, Columbia duskysnail, Fredenburg pebblesnail, Klamath Rim pebblesnail, knobby rams-horn, masked duskysnail, and tall pebblesnail is not warranted at this time because these snails do not constitute listable entities under the Act (see Listable Entity Evaluation, below). We ask the public to submit to us new information that becomes available concerning the taxonomic status of these mollusks. We find that listing the canary duskysnail, Goose Valley pebblesnail, Hat Creek pebblesnail, nugget pebblesnail, Potem Creek pebblesnail, and Shasta pebblesnail is not warranted at this time. We ask the public to submit to us new information that becomes available concerning threats to these mollusks.
Stage 3 Helicopter Noise Certification Standards
This rulemaking proposes to adopt more stringent noise certification standards for helicopters that are certificated in the United States (U.S.). This rule would apply to applications for a new helicopter type design and for a supplemental type certificate for those new type designs. A helicopter type certificated under this standard would be designated as a Stage 3 helicopter. This rule proposes to adopt the same noise certification standards for helicopters that exist in the standards of the International Civil Aviation Organization (ICAO). The proposal of these more stringent noise certification standards into U.S. regulations is consistent with the FAA's goal of harmonizing U.S. regulations with international standards.
Federal Acquisition Regulation; Positive Law Codification of Title 41
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to conform references throughout the FAR to the new Positive Law Codification of Title 41, United States Code, ``Public Contracts.''
Approval and Promulgation of Implementation Plans; State of Montana; State Implementation Plan and Regional Haze Federal Implementation Plan
The Environmental Protection Agency (EPA) is promulgating a Federal Implementation Plan (FIP) to address regional haze in the State of Montana. EPA developed this FIP in response to the State's decision in 2006 to not submit a regional haze State Implementation Plan (SIP) revision. The FIP satisfies requirements of the Clean Air Act (CAA or ``the Act'') that require states, or EPA in promulgating a FIP, to assure reasonable progress towards the national goal of preventing any future and remedying any existing man-made impairment of visibility in mandatory Class I areas. In addition, EPA is approving one of the revisions to the Montana SIP submitted by the State of Montana through the Montana Department of Environmental Quality on February 17, 2012, specifically, the revision to the Montana Visibility Plan that includes amendments to the ``Smoke Management'' section, which adds a reference to Best Available Control Technology (BACT) as the visibility control measure for open burning as currently administered through the State's air quality permit program. This change was made to meet the requirements of the Regional Haze Rule. EPA will act on the remaining February 17, 2012 revisions in the State's submittal in a future action.
Endangered and Threatened Wildlife and Plants; Endangered Status for 23 Species on Oahu and Designation of Critical Habitat for 124 Species
We, the U.S. Fish and Wildlife Service (Service), list 23 species on the island of Oahu in the Hawaiian Islands as endangered under the Endangered Species Act of 1973, as amended (Act). We also designate 42,804 acres (17,322 hectares) as critical habitat. This designation includes critical habitat for these 23 species, 2 plant species that are already listed as endangered, and revised critical habitat for 99 plant species that are already listed as endangered or threatened. In this final rule we are also recognizing taxonomic revision of the scientific names of nine plant species and revising the List of Endangered and Threatened Plants accordingly. This final rule will implement the Federal protections provided by the Act.
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