August 5, 2005 – Federal Register Recent Federal Regulation Documents

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to implement changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by revising the Commerce Control List (CCL) entry that controls certain pumps that can be used to make chemical weapons or AG-controlled precursor chemicals. This rule also amends the EAR to implement changes to the AG ``Control List of Dual-Use Biological Equipment'' by revising the CCL entry that controls equipment capable of use in handling biological materials to add certain spraying or fogging systems, spray booms or arrays of aerosol generating units, and components therefor. In addition, this rule amends the CCL entry that controls certain genetic elements and genetically modified organisms by revising the Technical Note in the entry to clarify the scope of the controls on genetic elements and genetically modified organisms that contain nucleic acid sequences associated with the pathogenicity of any AG- controlled microorganisms, consistent with the AG ``Control List of Biological Agents,'' the AG ``Control List of Animal Pathogens,'' and the AG ``Control List of Plant Pathogens.'' This rule also amends the EAR to reflect the addition of Ukraine to the Australia Group and updates the definition of ``Australia Group'' in the EAR to include a current listing of all participating countries. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding ``Niue,'' which recently became a State Party. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to Niue now conform with those applicable to other CWC States Parties. This rule also clarifies the entry for the ``Netherlands'' on the list of CWC States Parties by adding a footnote to this entry to indicate that, for CWC purposes only, the Netherlands includes ``Aruba and the Netherlands Antilles.'' This rule further updates the list by removing ``Yugoslavia (Federal Republic of)'' and replacing it with ``Serbia and Montenegro.''

We are notifying the public that the Animal and Plant Health Inspection Service has received a petition requesting that specific standards be promulgated for the humane handling, care, treatment, and transportation of domestic ferrets. We are soliciting comments from the public regarding the petition, and whether we should continue to regulate the handling, care, treatment, and transportation of ferrets covered by the Animal Welfare Act under the general standards in the regulations, or promulgate specific standards for ferrets. We are also requesting comments regarding what should be included in any such standards.

This proposed rule would amend HUD's Home Equity Conversion Mortgage (HECM) Insurance program regulations to accommodate any state law that may prohibit the line-of-credit payment option currently available to HECM mortgagors. The amendments made by this rule would accommodate any such state law by making HECMs available within the parameters of the state law.

The OCC, Board, FDIC and OTS (the Agencies) propose to adopt rules to implement section 6303(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Intelligence Reform Act), which added a new section 10(k) to the Federal Deposit Insurance Act (FDI Act). Section 10(k) imposes post-employment restrictions on senior examiners of depository institutions and depository institution holding companies. Under section 10(k), a senior examiner employed or commissioned by an Agency may not knowingly accept compensation as an employee, officer, director, or consultant from certain depository institutions or depository institution holding companies he or she examined, or from certain related entities, for one year after the examiner leaves the employment or service of the Agency. If an examiner violates the one-year restriction, the statute requires the appropriate Federal banking agency to seek penalties. Accordingly, the examiner may be subject to an order of removal and prohibition or a civil money penalty of up to $250,000. The Agencies have the discretion to seek both types of remedy. Section 10(k) will become effective on December 17, 2005.

The FAA published a document on June 30, 2005 (70 FR 37656) concerning final special conditions for Diamond Aircraft Industries on the Diamond DA-42. There was an error in the preamble of the special conditions in the reference to the docket number. This document contains a correction to the docket number.

Today's final rule adds mercury-containing equipment to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Handlers of universal wastes are subject to less stringent standards for storing, transporting, and collecting these wastes. EPA has concluded that regulating spent mercury-containing equipment as a universal waste will lead to better management of this equipment and will facilitate compliance with hazardous waste requirements.

The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, proposes amending certain regulations on telecommunications policies to include requirements presently contained in RUS Bulletin 345-3, ``Acceptance of Standards, Specifications, Equipment, Contract Forms, Manual Sections, Drawing, Materials and Equipment for the Telephone Program.'' This proposed rule would establish and codify provisions for RUS acceptance and Technical acceptance of materials used in telecommunications systems. This rule also proposes to integrate the existing regulatory sections on field trials into the procedure for product acceptance and inclusion in this codification, as well as to clarify and reorganize the field trial section. This rule would affect borrowers that are parties to planning and construction of telecommunication facilities with RUS funds and manufacturers and contractors providing products to RUS borrowers.