2006 – Federal Register Recent Federal Regulation Documents

Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. 2064(b), requires manufacturers, distributors, and retailers of consumer products to report potential product hazards to the Consumer Product Safety Commission. On May 26, 2006, the Commission solicited comments on proposed revisions to its interpretative rule advising manufacturers, distributors, and retailers how to comply with the requirements of section 15(b). The proposed revisions identified additional factors the Commission and staff consider when assessing whether a product is defective or not. The proposed revisions also clarified that compliance with voluntary or mandatory product safety standards may be considered by the Commission in making certain determinations under section 15. After considering public comments, the Commission issues the accompanying final rule.\1\

The FAA is proposing new and revised airworthiness standards for normal and transport category rotorcraft due to technological advances in design and operational trends in normal and transport rotorcraft performance and handling qualities. The changes would enhance the safety standards for performance and handling qualities to reflect the evolution of rotorcraft capabilities.

The FAA is adopting a new airworthiness directive (AD) for certain CASA Model C-212-CC airplanes. This AD restricts the operation of the airplane to carrying either passengers or cargo (but not both) in the same compartment, unless the airplane is modified to include an approved protective liner between the passengers and the cargo. This AD results from our determination that affected airplanes, when carrying both cargo and passengers in the same compartment, cannot achieve the required level of performance. We are issuing this AD to prevent a hazardous quantity of smoke, flames, and/or fire extinguishing agent from the cargo compartment from entering a compartment occupied by passengers or crew.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes); and Model A310-200 and -300 series airplanes. This AD requires a one-time inspection of the trimmable horizontal stabilizer actuator (THSA), corrective actions if necessary, and follow-on repetitive tasks. This AD results from reports of THSAs that have reached their design operational life. We are issuing this AD to extend the operational life of the THSA to prevent a possible failure of high- time THSAs, which could result in reduced controllability of the airplane.

NMFS is prohibiting directed fishing for pelagic shelf rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of pelagic shelf rockfish in the Central Regulatory Area of the GOA.

The Energy Policy Act of 2005 (EPACT 2005) includes amendments to the Energy Policy and Conservation Act (EPCA) to provide for new Federal energy efficiency and water conservation test procedures, and related definitions, for certain consumer products and certain commercial and industrial equipment. The amendments direct the Department of Energy (DOE or the Department) to establish new test procedures for many of these products and certain equipment, in most cases based on applicable testing practices generally accepted by industry and other government agencies. Today, DOE proposes test procedures for eleven types of products for which EPACT 2005 identified specific test procedures. In addition, DOE proposes test procedures for three other products for which EPACT 2005 did not specify specific test procedures. Furthermore, the Department is proposing to adopt a new version of the current test procedure for small commercial package air- conditioning and heating equipment, which will not change the existing requirements. The Department is also proposing regulations for sampling during compliance testing, compliance certification, and enforcement to ensure compliance with EPACT's energy conservation standards. Today's proposed rule also includes compliance certification, and enforcement provisions that would also apply to commercial heating, ventilating, and air conditioning products, as well as commercial water heating products. The Department is also announcing a public meeting to discuss all of the above referenced proposals. Furthermore, the Department is announcing proposed technical corrections to the October 18, 2005 Final Rule, 70 FR 60407, which the Department has described in detail in today's proposed rule and will add to the rule language.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 915 (order), which regulates the handling of avocados grown in south Florida. The amendments are proposed by the Florida Avocado Administrative Committee (Committee), which is responsible for local administration of the order. The proposed amendments would: Provide the Committee authority to borrow funds, revise the voting requirements for changing the assessment rate, allow District I nominations to be conducted by mail, and provide the Committee authority to accept voluntary contributions. The proposed amendments are intended to improve the operation and functioning of marketing order program.

This proposed rule would adjust the number of members for certain States on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was reapportioned in 2003, which became effective with 2004 nominations. These adjustments are required by the Soybean Promotion and Research Order (Order) and would result in an increase in Board membership from 64 to 68 effective with the Secretary's 2007 nominations and appointments.

Section 1301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59; 119 Stat. 1144) established a program to provide grants to States for Projects of National and Regional Significance (PNRS) to improve the safe, secure, and efficient movement of people and goods throughout the United States and to improve the health and welfare of the national economy. Section 1301 requires the Secretary of Transportation (Secretary) to establish regulations on the manner in which the proposed projects will be evaluated and rated, in order to determine which projects shall receive grant funding. This proposed rule would establish the required evaluation and rating guidelines for proposed projects. If this rule were adopted, a proposed project would become eligible to be funded under this program only if the Secretary finds that the project meets the requirements of the rule. In making such findings, the Secretary will evaluate and rate each project as ``highly recommended,'' ``recommended,'' or ``not recommended'' based on the results of preliminary engineering, the project justification criteria, and the degree of non-Federal financial commitment.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the AMTRAK Pelham Bay Bridge, across the Hutchinson River, mile 0.5, at New York City, New York. This deviation allows the bridge to remain in the closed position from 5 a.m. to 9 p.m. on July 23, 30, August 13, 20, and 27, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A310 airplanes. This proposed AD would require revising the Limitations section of the airplane flight manual by incorporating restrictions for high altitude operations. This proposed AD results from several incidents of pitch oscillations with high vertical loads that occurred during turbulence at high altitudes. We are proposing this AD to prevent pitch oscillations during turbulence, which could result in reduced controllability of the airplane.

On Wednesday, June 7, 2006, the Environmental Protection Agency published a proposed rule entitled ``National Pollutant Discharge Elimination System (NPDES) Water Transfers Proposed Rule.'' As initially published in the Federal Register on June 7, 2006, written comments on the proposed rulemaking were to be submitted to EPA on or before July 24, 2006 (a 45-day public comment period). Since publication, EPA has received several requests for additional time to submit comments. Therefore, the public comment period is being extended for 14 days and will now end on August 7, 2006.

This final rule will revise the Class E airspace at Pinedale, WY. Additional controlled airspace is necessary to accommodate aircraft executing a new Area Navigation (RNAV) Global Positioning System (GPS) approach procedure at Pinedale/Ralph Wenz Field. This action will improve the safety of Instrument Flight Rules (IFR) aircraft executing this new procedure at Pinedale/Ralph Wenz Field, Pinedale, WY.

This action amends the Norton Sound Low Offshore Airspace Area in Alaska. Specifically, this action modifies the Norton Sound Low Offshore Airspace Area in the vicinity of the Shishmaref Airport, AK, by lowering the offshore airspace floor to 1,200 feet mean sea level (MSL) within a 30-mile radius of the airport. Additionally, this action modifies the airspace in the vicinity of Nome Airport, AK, by lowering the airspace floor to 700 feet MSL within a 25-mile radius of the airport, and 1,200 feet MSL within a 77.4-mile radius of the Nome VORTAC. The FAA is taking this action to provide additional controlled airspace for aircraft instrument flight rules (IFR) operations at the Nome and Shishmaref Airports.

The Securities and Exchange Commission is publishing this interpretive release with respect to the scope of ``brokerage and research services'' and client commission arrangements under Section 28(e) of the Securities Exchange Act of 1934 (``Exchange Act''). The Commission is soliciting further comment on client commission arrangements under Section 28(e).

The Federal Deposit Insurance Reform Act of 2005 requires that the Federal Deposit Insurance Corporation (the FDIC) prescribe final regulations, after notice and opportunity for comment, to provide for deposit insurance assessments under section 7(b) of the Federal Deposit Insurance Act (the FDI Act). The FDIC is proposing to amend its regulations to create different risk differentiation frameworks for smaller and larger institutions that are well capitalized and well managed; establish a common risk differentiation framework for all other insured institutions; and establish a base assessment rate schedule.

Under the Federal Deposit Insurance Reform Act of 2005, the FDIC must by regulation set the Designated Reserve Ratio (DRR) for the Deposit Insurance Fund (DIF) within a range of 1.15 percent to 1.50 percent of estimated insured deposits. In this rulemaking, the FDIC seeks comment on the proposal to establish the DRR for the DIF at 1.25 percent of estimated insured deposits.

The Coast Guard proposes to establish temporary special local regulations for the ``Clarksville Hydroplane Challenge'', a power boat race to be held on the waters of the John H. Kerr Reservoir adjacent to Clarksville, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the John H. Kerr Reservoir adjacent to Clarksville, Virginia during the power boat race.

The Office of Personnel Management (OPM) is issuing proposed regulations to amend the criteria under which OPM may grant dual compensation (salary off-set) waivers on a case-by-case basis, or delegate waiver authority to agencies. This amendment clarifies that OPM may grant or delegate to agencies the authority to grant such waivers in situations resulting from emergencies posing an immediate and direct threat to life or property or situations resulting from unusual circumstances that do not involve an emergency. The proposed changes will make it easier for agencies to reemploy needed individuals when faced with unusual circumstances. In addition, we are proposing to amend the section headings to avoid redundancy. This amendment is also removing information concerning military employees.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for Astragalus brauntonii (Braunton's milk-vetch) and Pentachaeta lyonii (Lyon's pentachaeta) and the availability of the draft economic analyses of the proposed designation of critical habitat. The draft economic analysis for Astragalus brauntonii identifies a total surplus (sum of producer and consumer surplus) of approximately $91.87 million over a 20-year period (approximately $8.11 million annually at a 7 percent discount rate, or approximately $5.99 million annually at a 3 percent discount rate) from housing development forecasted to be built within the area of Astragalus brauntonii proposed critical habitat. The draft economic analysis for Pentachaeta lyonii identifies a total surplus (sum of producer and consumer surplus) of approximately $121.21 million over a 20-year period (approximately $10.69 million annually at a 7 percent discount rate, or $7.91 million annually at a 3 percent discount rate) from housing development forecasted to be built within the area of Pentachaeta lyonii proposed critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analyses. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final rule.

The Occupational Safety and Health Review Commission (OSHRC) is proposing to revise its regulations implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. The proposed regulations contain new provisions to comply with Executive Order 13392. In addition, the proposed regulations have been updated to reflect changes in OSHRC's policies and procedures. As a result of these proposed amendments, the public will have a clearer understanding of OSHRC's policies and procedures implementing the FOIA.

This document contains proposed amendments to the regulations relating to third-party and John Doe summonses. These proposed regulations reflect amendments to sections 7603 and 7609 of the Internal Revenue Code of 1986 made by the Internal Revenue Service Restructuring and Reform Act of 1998, the Omnibus Budget Reconciliation Act of 1990, the Technical and Miscellaneous Revenue Act of 1988, and the Tax Reform Act of 1986, which were enacted subsequent to adoption of the current regulations. These proposed regulations provide guidance relating to the manner in which summonses may be served on third-party recordkeepers, the expanded class of third-party summonses subject to notice requirements and other procedures, and the suspension of periods of limitations if a court proceeding is brought involving a challenge to a third-party summons, or if a third party's response to a summons is not finally resolved within six months after service. These proposed regulations affect third parties who are served with a summons, taxpayers identified in a third-party summons, and other persons entitled to notice of a third-party summons.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We are establishing a herd certification program to eliminate chronic wasting disease (CWD) from farmed or captive cervids in the United States. Participating deer, elk, and moose herds will have to follow program requirements for animal identification, testing, herd management, and movement of animals into and from herds. After 5 years of enrollment with no evidence of chronic wasting disease, a herd may be granted ``Certified'' status. Owners of herds may enroll in a State program that we have determined has requirements equivalent to the Federal program, or may enroll directly in the Federal program if no State program exists. We are also establishing interstate movement requirements to prevent the interstate movement of deer, elk, and moose that pose a risk of spreading CWD. These actions will help to eliminate CWD from the farmed or captive deer, elk, and moose herds in the United States.

This document contains proposed amendments to Department of Labor (Department) regulations relating to annual reporting and disclosure requirements under Part 1 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA or Act). The proposed amendments contained in this document are necessary to conform the annual reporting and disclosure regulations to proposed revisions to the Form 5500 Annual Return/Report of Employee Benefit Plan forms and instructions. The proposed changes to the Form 5500 and implementing regulatory amendments are intended to facilitate the transition to an electronic filing system, separately proposed at 70 FR 51542 (August 30, 2005), reduce and streamline annual reporting burdens, especially for small businesses, and update the annual reporting forms to reflect current issues and agency priorities. The regulatory amendments thus would, upon adoption, apply for the reporting year for which the electronic filing requirement is implemented. The proposed regulatory amendments will affect the financial and other information required to be reported and disclosed by employee benefit plans filing the Form 5500 Annual Return/Report of Employee Benefit Plan under Part 1 of Subtitle B of Title I of ERISA.