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

(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, Standard 

Consumer 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 include 

provisions 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 FullSize 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

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, ‘‘Standard 

Consumer 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. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

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

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. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS