### 43107 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4145; fax: (816) 329–4090; e-mail: sarjapur.nagarajan@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved.Corrective actions are considered FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2010–0126, dated June 23, 2010; and Piaggio Aero Industries S.p.A. Service Bulletin (Mandatory) N.: 80–0268, REV. 0, dated December 18, 2008, for related information.

Issued in Kansas City, Missouri, on July 15,
2010. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–18019 Filed 7–22–10; 8:45 am]

**BILLING CODE 4910–13–P**

**CONSUMER PRODUCT SAFETY COMMISSION** 

**16 CFR Parts 1508 and 1509**

**Full-Size and Non-Full Size Baby Cribs: Withdrawal of Advance Notice of**  **Proposed Rulemaking**

**AGENCY :**  Consumer Product Safety Commission.

**ACTION :**  Withdrawal of advance notice of proposed rulemaking.

**SUMMARY :**  The Consumer Product Safety Commission ( ‘‘ Commission’’ ) is terminating a proceeding for the possible amendment of the Commission’s standards for full-size cribs, codified at 16 CFR part 1508, and for non-full-size cribs, codified at 16 CFR part 1509 which the Commission began with publication of an advance notice of proposed rulemaking on December 16, 1996, 61 FR 65997. On August 14, 2008, the Consumer Product Safety Improvement Act of 2008 ( ‘‘ CPSIA’’ ) was enacted. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant or toddler products, which are to be ‘‘ substantially the same as ’’ applicable voluntary standards (or more stringent requirements if they would further reduce the risk of injury associated with the product). Elsewhere in this issue of the Federal Register , the Commission is proposing safety standards for full-size and non-full-size baby cribs in response to section 104(b) of the CPSIA. The crib standards the Commission is proposing include provisions that address the risks of injury identified in the 1996 ANPR.

**FOR FURTHER INFORMATION CONTACT :**  Patricia Edwards, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7577; pedwards@cpsc.gov.

**SUPPLEMENTARY INFORMATION :**  A. Background

In 1973, the Commission issued mandatory regulations for full-size cribs, which were amended in 1982 and are codified at 16 CFR part 1508. In 1976, the Commission issued nearly identical regulations for non-full-size cribs, which were also amended in 1982, and are codified at 16 CFR part 1509. In 1996, the Commission published an advance notice of proposed rulemaking ( ‘‘ANPR’’ ) which initiated a rulemaking proceeding for the possible amendment of the Commission’s crib regulations to address the risk of slats disengaging from cribs sides. 61 FR 65997 (Dec. 16, 1996). After publication of the ANPR, the Commission staff worked with the voluntary standards group, ASTM International (formerly known as the American Society for Testing and Materials), which added provisions in its standard for full-size baby cribs, ASTM F 1169, to address this hazard.

The Consumer Product Safety Improvement Act of 2008 ( ‘‘CPSIA’’

, Pub. L. 110–314) was enacted on August 14, 2008. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘ substantially the same as ’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. Elsewhere in this issue of the Federal Register , the Commission is issuing a proposed rule that would establish safety standards for full-size and non-full-size cribs that are substantially the same as voluntary standards ASTM F 1169–10, StandardConsumer Safety Specification for FullSize Baby Cribs, and ASTM F 406–10, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs. The Commission proposes to incorporate these ASTM standards by reference with certain modifications to strengthen them. The proposed standards, as modified, would includeprovisions in both the full-size and nonfull-size crib standards that address the risk of crib slat disengagement the Commission identified in the ANPR.

B. Withdrawal of the ANPR

The rulemaking that the Commission is now initiating under section 104(b) of the CPSIA proposes to establish new requirements for full-size and non-full size cribs that will include the requirements of the Commission’s existing regulations codified at 16 CFR parts 1508 and 1509 and additional requirements in the ASTM voluntary standards. Because these new crib standards will include performance tests to address the risk of crib slat disengagement, the Commission is withdrawing the ANPR published December 16, 1996, 61 FR 65997, and terminating that rulemaking.

Dated: July 14, 2010. Todd Stevenson, Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010–17590 Filed 7–22–10; 8:45 am]

**BILLING CODE 6355–01–P**

**CONSUMER PRODUCT SAFETY COMMISSION** 

**16 CFR Parts 1508 and 1509**

**[CPSC Docket No. CPSC–2010–0075]**

**Revocation of Requirements for Full Size Baby Cribs and Non-Full-Size**  **Baby Cribs**

**AGENCY :**  Consumer Product Safety Commission.

**ACTION :**  Proposed rule.

**SUMMARY :**  Section 104(b) of the Consumer Product Safety Improvement Act of 2008 ( ‘‘CPSIA’’ ) requires the United States Consumer Product Safety Commission ( ‘‘CPSC ’’ or ‘‘ Commission’’ ) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be

‘‘ substantially the same as ’’ applicable


### 43108 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules

voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing to revoke its existing regulations pertaining to full-size and non-full-size cribs because, elsewhere in this issue of the Federal Register , the Commission is proposing consumer product safety standards for cribs that will further reduce the risk of injury associated with these products under section 104 of the CPSIA. The consumer product safety standard for cribs would include the requirements that are currently found at 16 CFR parts 1508 and 1509 for full-size and non-full-size cribs. To eliminate duplication, the Commission is proposing to remove 16 CFR parts 1508 and 1509 entirely.

**DATES :**  Written comments must be received by October 6, 2010.

**ADDRESSES :**  Comments, identified by Docket No. CPSC–2010–0075, may be submitted by any of the following methods:

Electronic Submissions

Submit electronic comments in the following way:

Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (e-mail) except through http://www.regulations.gov.

Written Submissions

Submit written submissions in the following way:

Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504–7923.

Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing.

Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. **FOR FURTHER INFORMATION CONTACT :**  Patricia Edwards, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504–7577; pedwards@cpsc.gov.

**SUPPLEMENTARY INFORMATION :**  A. What regulations is the CPSC proposing to revoke?

CPSC first published the full-size crib regulation, 16 CFR part 1508, in 1973 (38 FR 32129 (Nov. 21, 1973)) and amended it in 1982. CPSC published the regulation for non-full-size cribs, 16 CFR part 1509, in 1976 (41 FR 6240 (Feb. 12, 1976)) and amended it in 1982. Both standards currently contain requirements pertaining to dimensions, spacing of components, hardware, construction and finishing, assembly instructions, cutouts, identifying marks, warning statements, and compliance declarations. In addition, 16 CFR part 1509 contains a requirement regarding
mattresses. B. Why is CPSC proposing to revoke the regulations pertaining to cribs?

The Consumer Product Safety Improvement Act of 2008, Public Law 110–314 ( ‘‘CPSIA’’ ) was enacted on August 14, 2008. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be

‘‘ substantially the same as ’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. Elsewhere in this issue of the Federal Register , the Commission is proposing safety standards for full-size and non-full-size cribs under the authority of section 104 of the CPSIA. These new proposed standards, if finalized, will adopt the voluntary standards developed by ASTM International (formerly known as the American Society for Testing and Materials), which are more stringent in some respects than the current applicable standards, and include ASTM F 1169–10, ‘‘ Standard Consumer Safety Specification for Full-Size Baby Cribs, ’’ and ASTM F 406–10, ‘‘ StandardConsumer Safety Specification for NonFull-Size Baby Cribs/Play Yards. ’’

The proposed standards which the CPSC is publishing elsewhere in this issue of the Federal Register incorporate all of the requirements currently found in 16 CFR parts 1508 and 1509. Consequently, if the Commission issues a final rule to adopt the consumer product safety standards for full-size and non-full-size cribs pursuant to section 104(b) of the CPSIA, the requirements found at 16 CFR parts 1508 and 1509 would become redundant. The Commission, therefore, intends to revoke 16 CFR parts 1508 and 1509 in their entirety.

The Commission emphasizes that the proposed revocation of 16 CFR parts 1508 and 1509 would have no substantive effect on crib safety. The requirements currently found at 16 CFR parts 1508 and 1509 would still apply to full-size and non-full-size cribs, but would be part of new consumer product safety standards to be codified at 16 CFR parts 1219 and 1220. C. Paperwork Reduction Act

This proposed rule would not impose any information collection requirements. Accordingly, this rule is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501–3520.

D. Environmental Considerations

This proposed rule falls within the scope of the Commission’s environmental review regulation at 16 CFR 1021.5(c)(1), which provides a categorical exclusion from any requirement for the agency to prepare an environmental assessment or environmental impact statement for rules that revoke product safety standards.

E. Effective Date

The Commission proposes that a final rule to revoke 16 CFR parts 1508 and 1509 become effective upon the effective date of the new mandatory standards to be developed for full-size and non-full-size cribs. List of Subjects in 16 CFR Parts 1508 and 1509

Consumer protection, Cribs and bassinets, Infants and children, Reporting and recordkeeping requirements.

For the reasons stated above, and under the authority of section 3 of the CPSIA and 5 U.S.C. 553, the Consumer Product Safety Commission proposes to remove 16 CFR parts 1508 and 1509 entirely.

**PART 1508—[REMOVED]**

1. Under authority of section 3 of the CPSIA, part 1508 is removed entirely.

**PART 1509—[REMOVED]**

2. Under authority of section 3 of the CPSIA, part 1509 is removed entirely.


### 43109 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules

Dated: July 14, 2010. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010–17591 Filed 7–22–10; 8:45 am]

**BILLING CODE 6355–01–P**

**DEPARTMENT OF THE TREASURY**

**Internal Revenue Service**

**26 CFR Part 54**

**[REG–125592–10]**

**RIN 1545–BJ62**

**Requirements for Group Health Plans and Health Insurance Issuers Relating**  **to Internal Claims and Appeals and External Review Processes Under the**  **Patient Protection and Affordable Care Act** 

**AGENCY :**  Internal Revenue Service (IRS), Treasury.

**ACTION :**  Notice of proposed rulemaking by cross-reference to temporary regulations.

**SUMMARY :**  Elsewhere in this issue of the Federal Register , the IRS is issuing temporary regulations under the provisions of the Patient Protection and Affordable Care Act (the Affordable Care Act) regarding internal claims and appeals and external review processes. The IRS is issuing the temporary regulations at the same time that the Employee Benefits Security Administration of the U.S. Department of Labor and the Office of Consumer Information and Insurance Oversight of the U.S. Department of Health and Human Services are issuing substantially similar interim final regulations with respect to group health plans and health insurance coverage offered in connection with a group health plan under the Employee Retirement Income Security Act of 1974 and the Public Health Service Act. The temporary regulations provide guidance to employers, group health plans, and health insurance issuers providing group health insurance coverage. The text of those temporary regulations also serves as the text of these proposed regulations.

**DATES :**  Written or electronic comments and requests for a public hearing must be received by October 21, 2010.

**ADDRESSES :**  Send submissions to: CC:PA:LPD:PR (REG–125592–10), Room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered to: CC:PA:LPD:PR (REG–125592–10), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC 20224. Alternatively, taxpayers may submit comments electronically via the Federal eRulemaking Portal at http:// www.regulations.gov (IRS REG–125592– 10).

**FOR FURTHER INFORMATION CONTACT :**  Concerning the regulations, Karen Levin at 202–622–6080; concerning submissions of comments, Oluwafunmilayo Taylor at 202–622– 7180 (not toll-free numbers).

**SUPPLEMENTARY INFORMATION :**  Background and Explanation of Provisions

The temporary regulations published elsewhere in this issue of the Federal Register add § 54.9815–2719T to the Miscellaneous Excise Tax Regulations. The proposed and temporary regulations are being published as part of a joint rulemaking with the Department of Labor and the Department of Health and Human Services (the joint rulemaking). The text of those temporary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the temporary regulations and these proposed regulations. Special Analyses

It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this proposed regulation. It is hereby certified that the collections of information contained in this notice of proposed rulemaking will not have a significant impact on a substantial number of small entities. Accordingly, a regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Section 54.9815–2719T of the temporary regulations requires both group health insurance issuers and group health plans to establish internal claims and appeals and external review processes for adverse benefit determinations. Those processes require the plan and issuer to disclose evidence relied upon in making an adverse benefit determination, to disclose any new rationale for upholding an adverse benefit determination as part of an internal appeal, to provide notice of an adverse benefit determination and of a final internal adverse benefit determination, and to disclose the right to an external review. Under the temporary regulations, if a health insurance issuer satisfies the obligations to have effective internal claims and appeals and external review processes (including these information collection requirements that are an inherent part of those processes), those obligations are satisfied not just for the issuer but also for the group health plan. For group health plans maintained by small entities, it is anticipated that the health insurance issuer will satisfy those obligations to have effective internal claims and appeals and external review processes (including these information collection requirements that are an inherent part of those processes) for both the plan and the issuer in almost all cases. For this reason, these information collection requirements will not impose a significant impact on a substantial number of small entities. Pursuant to section 7805(f) of the Internal Revenue Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.
Comments and Requests for a Public Hearing

Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. Comments are specifically requested on the clarity of the proposed regulations and how they may be made easier to understand. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested in writing by a person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the Federal Register

. Drafting Information

The principal author of these proposed regulations is Karen Levin, Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), IRS. The proposed regulations, as well as the temporary regulations, have been developed in coordination with personnel from the U.S. Department of Labor and the U.S. Department of Health and Human Services.