2012 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was prompted by reports of failures of a hydraulic accumulator's screw-cap/end cap while on the ground that resulted in loss of use of that hydraulic system, and in high-energy impact damage to adjacent systems and structures. This AD requires an inspection for part numbers; repetitive inspections for any cracking of certain hydraulic system accumulators, and replacement, if necessary; and revising the maintenance program to include a life limit for certain hydraulic system accumulators. We are issuing this AD to prevent loss of use of a hydraulic system, which could result in reduced controllability of the airplane.

This action finalizes the residual risk and technology review conducted for the following source categories regulated under two national emission standards for hazardous air pollutants (NESHAP): hard and decorative chromium electroplating and chromium anodizing tanks, and steel picklingHCl process facilities and hydrochloric acid regeneration plants. On October 21, 2010, EPA proposed amendments to these NESHAP under section 112(d)(6) and (f)(2) of the Clean Air Act. On February 8, 2012, EPA published a supplemental proposal with new analyses and results. For hard and decorative chromium electroplating and chromium anodizing tanks these final amendments addressing Clean Air Act (CAA) sections 112(d)(6) and (f)(2) include revisions to the emissions limits for total chromium; addition of housekeeping requirements to minimize fugitive emissions; and a requirement to phase-out the use of perfluorooctane sulfonic acid (PFOS) based fume suppressants. These requirements will provide greater protection for public health and the environment by reducing emissions of hexavalent chromium (a known human carcinogen). In addition, as part of the October 2010 proposal, we proposed certain actions pursuant to CAA section 112(d)(2) and (3) for hard and decorative chromium electroplating and chromium anodizing tanks. For these sources, we are modifying and adding testing and monitoring, recordkeeping, and reporting requirements; and revisions to the regulatory provisions related to emissions during periods of malfunction. For steel pickling hydrochloric acid regeneration plants, we are finalizing our proposal to remove the alternative compliance method because we believe it is inconsistent with the requirements of CAA section 112(d)(2) and (3). This amendment will achieve reductions in chlorine emissions. Additionally, we are adding provisions to the Steel Pickling Facilities NESHAP requiring that the emission limits of the rule apply at all times, including during periods of startup, shutdown and malfunction.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.''

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.

On May 21, 2010, 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 at 75 FR 28511. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Muhlenberg County, Kentucky and Incorporated Areas. Specifically, it addresses the following flooding sources: Brier Creek (backwater effects from Green River), Caney Creek, Caney Creek Tributary 27.1 (backwater effects from Caney Creek), Caney Creek Tributary 31 (backwater effects from Caney Creek), Canfield Branch (backwater effects from Green River), Cypress Creek (backwater effects from Green River), Cypress Creek Tributary 1 (backwater effects from Green River), Green River, Irwin Creek (backwater effects from Green River), Isaacs Creek (backwater effects from Green River), Jacobs Creek (backwater effects from Green River), Jacobs Creek Tributary 7 (backwater effects from Green River), Little Cypress Creek, Little Cypress Creek Tributary 16 (backwater effects from Little Cypress Creek), Little Cypress Creek Tributary 8 (backwater effects from Little Cypress Creek), Log Creek (backwater effects from Green River), Mud River (backwater effects from Green River), Muddy Fork (backwater effects from Green River), Nelson Creek (backwater effects from Green River), Opossum Run (backwater effects from Sandlick Creek), Plum Creek (backwater effects from Green River), Plum Creek Tributary 5 (backwater effects from Green River), Pond Creek (backwater effects from Green River), Pond Creek (backwater effects from Sandlick Creek), Pond Creek Tributary 29 (backwater effects from Green River), Pond Creek Tributary 30 (backwater effects from Green River), Pond River (backwater effects from Green River) and Sandlick Creek Tributary 2 (backwater effects from Sandlick Creek).

This rulemaking addresses public comments regarding an Interim Final Rule that makes changes to the Schedule of Fees for Consular Services (Schedule) for a number of different visa fees. The Department of State adopts the rule as final, without change.

This document proposes modifications of the regulations governing practice before the Internal Revenue Service (IRS). These proposed regulations affect individuals who practice before the IRS. These proposed regulations modify the standards governing written advice and update certain provisions as appropriate. This document also provides notice of a public hearing on the proposed regulations and withdraws the notice of proposed rulemaking published on December 20, 2004, setting forth standards for State or local bond opinions.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

This action modifies area navigation (RNAV) route Q-62 by extending it further west and incorporating two additional navigation fixes. The route extension links two RNAV Standard Terminal Arrival Routes (STARs) serving the Chicago O'Hare International Airport, IL, terminal area with the high altitude route. The FAA is taking this action to increase National Airspace System (NAS) efficiency and enhance flight safety as aircraft transition from the en route airway structure to the terminal area airspace phase of flight.

The Coast Guard is adding a special operating regulation governing the Alabama Gulf Coast Railroad (AGR) vertical lift span (Yo- Yo) bridge across the Black Warrior River, mile 219.0, at Demopolis, AL. The bridge is operated automatically and currently remains in the open-to-navigation position and only lowers for the passage of trains. This rule proposes to codify the current operating schedule of the bridge as a special operating regulation.

The Food and Drug Administration (FDA) is correcting a document that appeared in the Federal Register of August 14, 2012 (77 FR 48491). The document announced a meeting entitled ``Regulatory New Drug Review: Solutions for Study Data Exchange Standards.'' The document was published with an incorrect email address. This document corrects that error.

This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s) associated with the control surface awareness and mode annunciation of the electronic flight control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

The Coast Guard is adding a regulation to govern the Meridian and Bigbee Railroad (MNBR) vertical lift span bridge across the Tombigbee River at Naheola, Marengo and Choctaw Counties, Alabama. The bridge currently remains in the open-to-navigation position and only lowers for the passage of trains. This rule codifies the current schedule as a special operating regulation.

EPA is in part approving and in part conditionally approving two State Implementation Plan (SIP) submissions made by the State of North Dakota. The SIP submissions demonstrate that North Dakota's SIP meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ``infrastructure elements'' of section 110(a)(2). The State of North Dakota submitted revisions to their Infrastructure SIP for the 1997 ozone NAAQS, dated April 6, 2009, as well as a certification of the adequacy of their infrastructure SIP for the 1997 ozone NAAQS, dated November 23, 2009. This action is being taken under section 110 of the Clean Air Act.

In this document, the Commission, via the Consumer and Governmental Affairs Bureau (CGB) provides notice of the implementation of a revised procedure for it to provide service of copies of orders, pleadings, and other documents to parties to a docketed proceeding when required by statute or regulation. Henceforth, that service will be made in an electronic format, rather than by mail.

Defense Intelligence Agency (DIA) is proposing to update the DIA Privacy Act Program by adding the (k)(2) exemption to accurately describe the basis for exempting the records in the system of records notice LDIA 10-0001, Equal Opportunity, Diversity and Alternate Dispute Resolution Records. This direct final rule makes nonsubstantive changes to the Defense Intelligence Agency Program rules. This will improve the efficiency and effectiveness of DoD's program by ensuring the integrity of the equal opportunity program, alternate dispute records and reasonable accommodation cases conducted by the Defense Intelligence Agency and the Department of Defense. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.