January 10, 2006 – Federal Register Recent Federal Regulation Documents

Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2006
Document Number: E6-125
Type: Rule
Date: 2006-01-10
Agency: Federal Railroad Administration, Department of Transportation
Using data from Management Information System annual reports, FRA has determined that the 2004 rail industry random testing positive rate was 0.94 percent for drugs and 0.18 percent for alcohol. Since the industry-wide random drug testing positive rate has remained below 1.0 percent for the last two years, the Federal Railroad Administrator (Administrator) has determined that the minimum annual random drug testing rate for the period January 1, 2006, through December 31, 2006, will remain at 25 percent of covered railroad employees. Since the random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2006, through December 31, 2006.
Electronic Fund Transfers
Document Number: E5-8317
Type: Rule
Date: 2006-01-10
Agency: Federal Reserve System, Agencies and Commissions
The Board is amending Regulation E, which implements the Electronic Fund Transfer Act, and the official staff commentary to the regulation. The commentary interprets the requirements of Regulation E to facilitate compliance primarily by financial institutions that offer electronic fund transfer services to consumers. The interim final rule provides that payroll card accounts established directly or indirectly by an employer on behalf of a consumer to which electronic fund transfers of the consumer's salary, wages, or other employee compensation are made on a recurring basis are accounts covered by Regulation E.
Lead; Renovation, Repair, and Painting Program
Document Number: 06-71
Type: Proposed Rule
Date: 2006-01-10
Agency: Environmental Protection Agency
EPA is proposing new requirements to reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint. This action supports the attainment of the Federal government's goal of eliminating childhood lead poisoning by 2010. The proposal would establish requirements for training renovators and dust sampling technicians; certifying renovators, dust sampling technicians, and renovation firms; accrediting providers of renovation and dust sampling technician training; and for renovation work practices. These requirements would apply in ``target housing,'' defined in section 401 of the Toxic Substances Control Act (TSCA) as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-bedroom dwelling. Initially the rule would apply to all renovations for compensation performed in target housing where a child with an increased blood lead level resides, rental target housing built before 1960 and owner- occupied target housing built before 1960, unless, with respect to owner-occupied target housing, the person performing the renovation obtains a statement signed by the owner-occupant that the renovation will occur in the owner's residence and that no child under age 6 resides there. EPA is proposing to phase in the applicability of this proposal to all rental target housing and owner-occupied target housing built in the years 1960 through 1977 where a child under age 6 resides. This proposal is issued under the authority of TSCA section 402(c)(3). EPA is also proposing to allow interested States, Territories, and Indian Tribes the opportunity to apply for and receive authorization to administer and enforce all of the elements of the new renovation provisions.
Pipeline Safety: Gas Gathering Line, Definition; Meeting of the Technical Pipeline Safety Standards Advisory Committee
Document Number: 06-224
Type: Proposed Rule
Date: 2006-01-10
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This notice announces a public meeting of the Pipeline and Hazardous Materials Safety Administration's (PHMSA) Technical Pipeline Safety Standards Committee (TPSSC) to vote on a proposed rule to use consensus standards to distinguish onshore gathering lines, to establish safety standards for certain higher-risk onshore gathering lines, and to change current standards on low-risk onshore gathering lines.
Proposed Establishment of the Saddle Rock-Malibu Viticultural Area (2003R-110P)
Document Number: 06-207
Type: Proposed Rule
Date: 2006-01-10
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the ``Saddle Rock-Malibu'' viticultural area in Los Angeles County, California. The proposed area consists of approximately 2,090 acres, approximately 5 miles inland from the Pacific Ocean and 32 miles west of downtown Los Angeles. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities
Document Number: 06-205
Type: Rule
Date: 2006-01-10
Agency: Federal Aviation Administration, Department of Transportation
This final rule amends the FAA regulations governing drug and alcohol testing to clarify that each person who performs a safety- sensitive function for a regulated employer by contract, including by subcontract at any tier, is subject to testing. These amendments are necessary because in the 1990s, the FAA issued conflicting guidance about which contractors were subject to drug and alcohol testing. This action also rescinds all prior guidance on the subject of testing contractors.
Drawbridge Operation Regulations: Housatonic River, CT
Document Number: 06-204
Type: Rule
Date: 2006-01-10
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has temporarily changed the drawbridge operation regulations that govern the U.S. 1 Bridge, mile 3.5, across the Housatonic River, at Stratford, Connecticut. This temporary final rule allows the bridge owner to open only one of the two moveable spans for bridge openings at various times from January 9, 2006 through September 1, 2006, to facilitate bridge rehabilitation construction. Full bridge openings will be available at various times during the above time period after a seven-day notice is given by calling the number posted at the bridge.
Federal Register Dispositions of Petitions for Exemption
Document Number: 06-203
Type: Rule
Date: 2006-01-10
Agency: Federal Aviation Administration, Department of Transportation
This final rule amends FAA regulations dealing with how the FAA notifies petitioners of its decisions on petitions for exemption. This rule change eliminates the requirement for the FAA to publish dispositions of petitions for exemption in the Federal Register. This change is intended to streamline our process and will save the agency the cost of publication. Publishing dispositions in the Federal Register is unnecessary because petitioners are notified in writing of FAA's decision and the decision is placed in the public docket, which is internet accessible and searchable.
Special Conditions: Boeing Model 747-400 Airplane; Large Non-Structural Glass in the Passenger Compartment
Document Number: 06-200
Type: Rule
Date: 2006-01-10
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for a Boeing Model 747-400 airplane modified by Lufthansa Technik AG. This airplane will have a novel or unusual design feature associated with the installation of large non-structural glass items in the cabin area of an executive interior occupied by passengers and crew. The installation of these items in a passenger compartment, which can be occupied during taxi, takeoff, and landing, is a novel or unusual design feature with respect to the material used. 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. Effective Date: January 3, 2006.
Virginia Regulatory Program
Document Number: 06-192
Type: Rule
Date: 2006-01-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are approving an amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment revises the Virginia Coal Surface Mining Reclamation Regulations. The amendment reflects changes in the renumbering of Virginia Code section references to the Virginia Administrative Process Act; clarification regarding the filing of requests for formal hearing and judicial review; revisions of the Virginia rules to be consistent with amendments to the Federal rules; regulation changes to implement requirements of Virginia House Bill (HB) 2573 (enacted as emergency legislation); and corrections of typographical errors.
Reservists' Education: Revision of Eligibility Requirements for the Montgomery GI Bill-Selected Reserve
Document Number: 06-175
Type: Rule
Date: 2006-01-10
Agency: Coast Guard, Department of Homeland Security, Department of Defense, Department of Veterans Affairs
This document amends the regulations governing the administration of the Montgomery GI BillSelected Reserve (MGIB-SR) program. The amendments implement provisions in the Veterans Benefits and Health Care Improvement Act of 2000 and the Bob Stump National Defense Authorization Act for Fiscal Year 2003. The Veterans Benefits and Health Care Improvement Act of 2000 contained a provision that changed an eligibility criterion concerning the time for obtaining a high school diploma. The Bob Stump National Defense Authorization Act for Fiscal Year 2003 expanded the MGIB-SR eligibility period from 10 years to 14 years for reservists who first become eligible after September 30, 1992.
Medical Device Reporting
Document Number: 06-172
Type: Rule
Date: 2006-01-10
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its medical device reporting regulations to reflect a change in address for agency contacts for reporting a public health emergency. This action is editorial in nature and is intended to improve the accuracy of the agency's regulations.
Electronic Fund Transfers
Document Number: 06-145
Type: Rule
Date: 2006-01-10
Agency: Federal Reserve System, Agencies and Commissions
The Board is amending Regulation E, which implements the Electronic Fund Transfer Act, and the official staff commentary to the regulation codified in Supplement I to Part 205. The commentary interprets the requirements of Regulation E to facilitate compliance primarily by financial institutions that offer electronic fund transfer services to consumers. The revisions address the regulation's coverage of electronic check conversion services. Under the final rule, merchants and other payees that initiate electronic check conversion transactions must obtain a consumer's authorization for each transaction. In addition, commentary revisions address preauthorized transfers, error resolution, and other matters.
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