June 2, 2006 – Federal Register Recent Federal Regulation Documents

The Department of Labor (Department) proposed to revise the regulations applicable to Federal sector labor organizations subject to the Civil Service Reform Act of 1978 (CSRA), the Foreign Service Act of 1980 (FSA), and the Congressional Accountability Act of 1995 (CAA) (referred to collectively as ``these Acts''). This document sets forth the Department's review of comments submitted by the public on the proposal, the Department's response to those comments, and the changes from the proposal that are embodied in a final rule. The Department will require each labor organization subject to these Acts to periodically inform their members of their rights as union members as set forth in the standards of conduct provisions of these Acts and their implementing regulations.\1\ Labor organizations subject to this rule must provide written notice to existing members within 90 days after the effective date of the regulation and to new members within 90 days of their joining the organization. Such notification must also be given to each member at three-year intervals. Notification may be made by hand delivery, regular mail, electronic mail (e-mail), or a combination of these methods as long as the method selected is reasonably calculated to reach all members. A labor organization is permitted, but not required, to include such notice with the organization's notice of election of officers if such notice is mailed to members at least every three years. If a labor organization has a Web site, the site must contain a link to the CSRA Union Member Rights, or, alternatively, provide the organization's own notice as long as the notice accurately states all of the CSRA standards of conduct provisions. OLMS will use the existing administrative mechanism in the standards of conduct regulations for resolving complaints related to this rule. Where OLMS determines after investigation that a violation has occurred and has not been remedied, OLMS will institute enforcement proceedings against the labor organization before the Department's Office of Administrative Law Judges.

The purpose of this action is to request comments on a proposed interpretation of certain existing Federal air program operating permits regulations. This proposed interpretation is that certain sections of the operating permits regulations do not require or authorize permitting authorities to assess or enhance existing monitoring requirements in implementing the operating permits independent of such monitoring required or authorized in other rules. Such other rules include the monitoring requirements in existing Federal air pollution control standards and regulations implementing State requirements. We propose to interpret these sections to require that title V permits contain the monitoring provisions specified or developed under these separate sources of monitoring requirements. We also formally withdraw a September 17, 2002 Federal Register proposal to revise the Federal operating permits program and with this action provide an interpretation of those rules different from that set forth in the 2002 proposal. This proposed interpretation will clarify the permit content requirements and facilitate permit issuance ensuring that air pollution sources can operate and comply with requirements.

We propose to adopt a new airworthiness directive (AD) for certain Stemme GmbH & Co. KG Models S10, S10-V, and S10-VT sailplanes. This proposed AD would require you to inspect the connection between the aileron push-rod and the connecting shaft to determine if a safety washer is installed. If there is no safety washer installed, this proposed AD would require you to modify the aileron control assembly. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are proposing this AD to prevent a loose bearing in the aileron control lever, which could result in separation of the aileron control system. Separation of the aileron control system could lead to loss of aileron control.

The Food and Drug Administration (FDA) is amending the color additive regulations to provide for the safe use of titanium dioxide coated mica-based pearlescent pigments as color additives in food. This action is in partial response to a petition filed by EM Industries, Inc.

The Coast Guard is proposing the establishment of a 500-foot safety zone on the Chesapeake Bay in support of the Fireworks on the Bay Celebration. This event is will be held at First Landing State Park, Virginia Beach, VA on July 04, 2006, and if warranted due to inclement weather, July 5, 2006. This action is intended to restrict vessel traffic on Chesapeake Bay as necessary to protect mariners from the hazards associated with fireworks displays.

The Coast Guard is establishing a safety zone in the vicinity of Norfolk Harbor Entrance Reach in support of diving operations being conducted to upgrade the Magnetic Silencing Facility at the U.S. Navy Degaussing Range. This action is intended to restrict vessel traffic from transiting within 200 yards of position 36-58-55 N/076-19-17 W in Norfolk Harbor Entrance Reach. The safety zone is necessary to protect divers from the hazards associated with the upgrade operations.

This final rule amends the Conservation Reserve Program (CRP) regulations to implement provisions of Public Law 109-148 (2006 Act) that provide for enrollment in the CRP of private non-industrial forest land that experienced a loss of 35 percent or more of merchantable timber in the States suffering forestry damage directly related to hurricanes Katrina, Ophelia, Rita, Dennis, and Wilma.

This direct final rule amends the reformulated gasoline (RFG) regulations to allow refiners and importers of reformulated gasoline blendstock for oxygenate blending, or RBOB, the option to use an alternative method of fulfilling a regulatory requirement to conduct quality assurance sampling and testing at downstream oxygenate blending facilities. This alternative method consists of a comprehensive program of quality assurance sampling and testing that would cover all terminals that blend oxygenate with RBOB in a specified reformulated gasoline covered area. The program would be carried out by an independent surveyor funded by industry. The program would be conducted pursuant to a survey plan, approved by EPA, that is calculated to achieve the same objectives as the current regulatory quality assurance requirement. This direct final rule also largely codifies existing guidance for compliance by parties that handle pipeline interface with requirements for gasoline content standards, recordkeeping, sampling and testing. The rule also contains new provisions which provide additional flexibility for these regulated parties. It also establishes gasoline sulfur standards for transmix processors and blenders that are consistent with the sulfur standards for other entities, such as pipelines and terminals, that are downstream of refineries in the gasoline distribution system, and clarifies the requirements for transmix processors under the Mobile Source Air Toxics program.

The Department is publishing this final rule to implement sections 711 and 715 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA for FY05), Public Law 108- 375. Specifically, that legislation makes young dependents of deceased Service members eligible for enrollment in the TRICARE Dental program when the child was not previously enrolled because of age, and authorizes post-graduate dental residents in a dental treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association to provide dental treatment to dependents who are 12 years of age or younger and who are covered by a dental plan established under 10 U.S.C. 1076a. This adopts the interim rule published on September 21, 2005 (70 FR 55251).

This action modifies Very High Frequency Omnidirectional Range (VOR) Federal Airways V-56 and V-290, NC; and Colored Federal Airway G- 13, NC; to remove unusable airway segments. In addition, this action establishes a new low altitude area navigation (RNAV) route, designated T-243, to enhance instrument flight rules (IFR) access to the Outer Banks area of North Carolina.

On January 10, 2006, the FAA published a regulation titled ``Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities; Final Rule.'' This final rule contains information collection activities subject to the Paperwork Reduction Act (44 U.S.C. 3507(d)). No agency may conduct or sponsor and no person is required to respond to a collection of information unless it displays a currently valid OMB control number. In accordance with the Paperwork Reduction Act, documentation describing the information collection activities was submitted to OMB for review and approval. OMB approved this control number, 2120-0689, on March 7, 2006 and it is being published in the Federal Register. This OMB control number will expire on March 31, 2007. The January 10, 2006, rule imposes additional reporting and recordkeeping requirements on regulated employers (part 121 and 135 certificate holders and operators as defined in Sec. 135.1(c)).

This amendment adopts a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B, BA, B1, B2, B3, C, D, and D1 helicopters that have a Geneva Aviation, Inc. (Geneva) P132 console (console) installed. This AD requires installing right and left side Geneva cyclic control sticks and modifying the cyclic grips and the co- pilot cyclic stand (receptacle). This amendment is prompted by reports that pilots had restricted cyclic stick travel when using Eurocopter factory-installed cyclic sticks in a helicopter modified under a certain Supplemental Type Certificate (STC) for the installation of a Geneva P132 console. The actions specified by this AD are intended to prevent restricting full lateral movement of the cyclic control during high lateral center of gravity (CG) load operations in high cross winds and during slope takeoffs or landings and subsequent loss of control of the helicopter.

We, the National Marine Fisheries Service, are correcting a previously published Federal Register rule that contained inadequate data. The citations were inadvertently omitted from the table in this rule that published in the Federal Register on May 9, 2006.