March 16, 2006 – Federal Register Recent Federal Regulation Documents

Lead Paint Test Kit Development; Request for Comments
Document Number: E6-3824
Type: Proposed Rule
Date: 2006-03-16
Agency: Environmental Protection Agency
EPA is requesting information concerning the development of test kits or similar technologies for testing lead in paint that could be used by renovators, repair persons, and painters complying with a future EPA regulation for renovation, repair, and painting activities. This information will be considered in formulating EPA's policy and research decisions regarding the development of lead paint test kits. The lead paint test kits will allow renovators, repair persons, and painters to focus resources and identify locations where lead-based paint is present and reliably determine situations where appropriate preventive actions should be undertaken.
Rulemaking Petition: Exception for Certain “Grassroots Lobbying” Communications From the Definition of “Electioneering Communication”
Document Number: E6-3810
Type: Proposed Rule
Date: 2006-03-16
Agency: Federal Election Commission, Agencies and Commissions
On February 16, 2006, the Commission received a Petition for Rulemaking (``Petition'') from the AFL-CIO, the Alliance for Justice, the Chamber of Commerce of the United States, the National Education Association, and OMB Watch. The Petition asks the Commission to revise its regulations by exempting certain communications consisting of ``grassroots lobbying'' that otherwise meet the definition of an ``electioneering communication'' under the Federal Election Campaign Act of 1971, as amended. The Petition is available for inspection in the Commission's Public Records Office and on its website, https:// www.fec.gov. Further information is provided in the supplementary information that follows.
National Environmental Policy Act Implementing Procedures
Document Number: E6-3801
Type: Proposed Rule
Date: 2006-03-16
Agency: Denali Commission, Agencies and Commissions
The Denali Commission withdraws a Proposed Rule to add regulations for implementing the National Environmental Policy Act of 1969 (NEPA). The Proposed Rule was published in the Federal Register on August 10, 2004.
Airworthiness Directives; Twin Commander Aircraft Corporation Models 690, 690A, and 690B Airplanes
Document Number: E6-3798
Type: Proposed Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Twin Commander Aircraft Corporation (Twin Commander) Models 690, 690A, and 690B airplanes. This proposed AD would require you to inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks and replace any cracked support structure. This proposed AD would require you to reinforce the support structures for the inboard and center aileron hinge fittings on both wings. This proposed AD results from reports that cracks were found in the support structures for the inboard and center aileron hinge fittings on both wings. We are issuing this proposed AD to detect and correct cracks in the support structures for the inboard and center aileron hinge fittings on both wings, which could result in aileron failure. This failure could lead to reduced controllability or loss of control of the airplane.
Modification of the Norton Sound Low, Woody Island Low and 1234L Offshore Airspace Areas; AK
Document Number: C6-2112
Type: Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
New Animal Drugs; Change of Sponsor's Drug Labeler Code
Document Number: 06-2554
Type: Rule
Date: 2006-03-16
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of drug labeler code for Med- Pharmex, Inc.
Emerald Ash Borer; Quarantined Areas
Document Number: 06-2549
Type: Rule
Date: 2006-03-16
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Airworthiness Directives; The Cessna Aircraft Company Models 208 and 208B Airplanes
Document Number: 06-2546
Type: Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
This document clarifies the intent of AD 2006-01-11, which was published in the Federal Register on January 12, 2006 (71 FR 1941). AD 2006-01-11 applies to Cessna Models 208 and 208B airplanes and requires the installation of a pilot assist handle and deicing boots on the cargo pod and landing gear fairings; and the incorporation of changes to the Pilot's Operating Handbook (POH) and FAA-Approved Airplane Flight Manual (AFM). The compliance time for the AFM/POH change currently reads ``prior to further flight'' after the installation of the pilot assist handle, which is required within 125 days after the effective date. The AFM/POH change is related to operation in ground icing conditions and should not be attributed to the pilot assist handle installation. Therefore, the compliance time should also be within 125 days after the effective date. Additionally, the requirement of installing the accessory kit or installing a placard should only apply to those airplanes equipped with a cargo pod and pneumatic deicing boots. The way it currently is written makes it apply to all airplanes equipped with pneumatic deicing boots. This AD action rewords the compliance time and the wording for the installation or placard requirement to reflect the above concerns.
Airworthiness Directives; The Cessna Aircraft Company Models 208 and 208B Airplanes
Document Number: 06-2544
Type: Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) to supersede AD 2005-07-01, which applies to all The Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. AD 2005-07-01 currently requires you to incorporate information into the applicable section of the Airplane Flight Manual (AFM). This AD is the result of several accidents/incidents with the affected airplanes during operations in icing conditions, FAA evaluation of Cessna flight test data, Cessna issuing AFM revisions, and FAA determining these revisions are necessary for safe operation. Consequently, this AD updates the actions of AD 2005-07-01 that require incorporation of text in the AFM and requires the insertion of new text in the AFM, and the fabrication and installation of placards. We are issuing this AD to assure that the pilot has enough information to prevent loss of control of the airplane while in-flight during icing conditions.
Notification of Post-Employment Restrictions
Document Number: 06-2540
Type: Rule
Date: 2006-03-16
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management is issuing final regulations requiring agencies to notify members of the Senior Executive Service (SES) and other employees in senior positions of certain post-employment conflict-of-interest restrictions. Agencies must provide written notification to affected employees of the new salary-based threshold for determining the applicability of the post- employment conflict-of-interest restrictions.
Guidance on Passive Foreign Investment Company (PFIC) Purging Elections; Hearing Cancellation
Document Number: 06-2533
Type: Proposed Rule
Date: 2006-03-16
Agency: Environmental Protection Agency, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of cancellation of a public hearing on a notice of proposed rulemaking by cross-reference to temporary regulations, notice of proposed rulemaking, and notice of public hearing providing certain elections for taxpayers, who in limited circumstances, continue to be subject to the excess distribution regime of section 1291 even though the foreign corporation in which they own stock is no longer treated as a PFIC under section1297(e).
Testing of Certain High Production Volume Chemicals
Document Number: 06-2483
Type: Rule
Date: 2006-03-16
Agency: Environmental Protection Agency
EPA is promulgating a final rule under the Toxic Substances Control Act (TSCA) that requires manufacturers (including importers) and processors of 17 high production volume (HPV) chemicals to conduct acute toxicity, repeat dose toxicity, developmental and reproductive toxicity, genetic toxicity (gene mutations and chromosomal aberrations), ecotoxicity (in fish, Daphnia, and algae), and environmental fate (including 5 tests for physical chemical properties and biodegradation) testing. EPA has determined that each of the 17 chemicals included in this final rule is produced in substantial quantities and that there is or may be substantial human exposure to each of them. Moreover, EPA has determined that there are insufficient data to reasonably determine or predict the effects on health or the environment of the manufacture, distribution in commerce, processing, use, or disposal of the chemicals, or any combination of these activities. EPA has concluded that this testing program is necessary and appropriate for developing such data. Data developed under this final rule will provide critical information about the environmental fate and potential hazards of these chemicals which, when combined with information about exposure and uses, will allow the Agency and others to evaluate potential health and environmental risks and take appropriate actions. Persons who export or intend to export any chemical included in this final rule, regardless of the form in which it is exported, are subject to the export notification requirements of TSCA section 12(b).
Approval and Promulgation of Air Quality Implementation Plans; Arkansas Update to Materials Incorporated by Reference
Document Number: 06-2481
Type: Rule
Date: 2006-03-16
Agency: Environmental Protection Agency
EPA is updating the materials submitted by the State of Arkansas that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Arkansas and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.
Approval and Promulgation of Implementation Plans; Georgia: Approval of Revisions to the State Implementation Plan
Document Number: 06-2479
Type: Rule
Date: 2006-03-16
Agency: Environmental Protection Agency
EPA is correcting the State Implementation Plan (SIP) for the State of Georgia to remove a provision relating to a Georgia general ``nuisance'' rule. EPA has determined that this provision relating to Georgia Rule 391-3-1.02(2)(a)1, was erroneously incorporated into the SIP. EPA is removing this rule from the approved Georgia SIP because the Georgia rule is not related to the attainment and maintenance of the national ambient air quality standards (NAAQS). This final rule addresses comments made on the proposed rulemaking EPA previously published for this action.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Permits by Rule
Document Number: 06-2478
Type: Rule
Date: 2006-03-16
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision for the State of Texas. This action removes a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit by rule (PBR). On September 1, 2000, Texas replaced the PBR for concrete batch plants with a standard permit for concrete batch plants. The standard permit for concrete batch plants also requires public notice for concrete batch plant subject to the standard permit. Texas maintained the public notice requirements of its PBR to assure that proper procedures were followed for concrete batch plants that were permitted under the PBR prior to the effective date of the standard permit. All authorization requests for concrete batch plants which were constructed under the PBR have now been resolved and the public notice and comment provisions under the PBR are no longer needed.
Public Participation in Class Exemption Proceedings
Document Number: 06-2472
Type: Proposed Rule
Date: 2006-03-16
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board, having assessed its procedures for transactions qualifying for the 7- and 21-day class exemptions proposes to modify the timeframes in its rules to provide greater public notice in advance of an exempt transaction. The proposed changes are intended to ensure that the public is given notice of a proposed transaction before the exemption becomes effective; and that the Board may process such notices of exemption, and related petitions for stay, if any, in an orderly and timely fashion.
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -30, -40 and -50 Series Airplanes, and Model DC-9-81 (MD-81), and DC-9-82 (MD-82) Airplanes
Document Number: 06-2409
Type: Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas Model DC-9-10, -20, - 30, -40 and -50 series airplanes, and Model DC-9-81 (MD-81), and DC-9- 82 (MD-82) airplanes. That AD currently requires installing a water drain system for the slant pressure panels in the left and right wheel wells of the main landing gear (MLG). This new AD also requires inspecting the seal assemblies of the overwing emergency exit doors for defects and constant gap; replacing defective door seals; performing repetitive operational checks of the water drain system auto drain valve and corrective actions if necessary; and, for certain airplanes, modifying the insulation blankets on the slant pressure panels in the left and right MLG wheel wells. This AD results from reports of water runoff from the slant pressure panels in the left and right MLG wheel wells, which subsequently froze on the lateral control mixer and control cable assemblies. We are issuing this AD to prevent ice from forming on the lateral control mixer and control cable assemblies, which could reduce controllability of the airplane.
Airworthiness Directives; Cessna Model 500, 501, 550, S550, 551, and 560 Airplanes
Document Number: 06-2408
Type: Rule
Date: 2006-03-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Cessna Model 500, 501, 550, S550, 551, and 560 airplanes. This AD requires revising the airplane flight manual (AFM) to prohibit use of the wing fuel boost pumps for defueling under certain conditions; installing a placard; doing other specified investigative and corrective actions as necessary; and modifying the boost pumps. This AD also requires the subsequent removal of the AFM revision and placard. This AD results from a report of a chafed electrical wiring harness, which was arcing inside the fuel tank. We are issuing this AD to prevent potential fuel vapor ignition in a fuel tank, which could result in explosion and loss of the airplane.
Designation of Biobased Items for Federal Procurement
Document Number: 06-2323
Type: Rule
Date: 2006-03-16
Agency: Department of Agriculture, Office of Energy Policy and New Uses, Energy Policy and New Uses Office, Agriculture Department
The U.S. Department of Agriculture (USDA) is amending 7 CFR part 2902, Guidelines for Designating Biobased Products for Federal Procurement, to add six sections to designate the following six items within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002: Mobile equipment hydraulic fluids; roof coatings; water tank coatings; diesel fuel additives; penetrating lubricants; and bedding, bed linens, and towels. USDA also is establishing minimum biobased content for each of these items. Once USDA designates an item, procuring agencies are required generally to purchase biobased products within these designated items where the purchase price of the procurement item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased over the preceding fiscal year equaled $10,000 or more. However, USDA is deferring the effective date for two items (water tank coatings and bedding, bed linens, and towels) until such time that more than one manufacturer of products in these two items is identified. USDA additionally is revising section 2902.2 to add definitions for ``biodegradability,'' ``EPA-designated recovered content product,'' and ``functional unit'' and section 2902.8 to adopt applicable ASTM International performance tests to verify biodegradability.
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