Rules and Regulations. Rulemaking petition: Notice of availability

Agency: Federal Election Commission
Action: Rulemaking petition: Notice of availability
Citation: 71 FR (No. 51) · FR Doc. 06-2533 · Notice 2006-4 · 11 CFR 100

Summary

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, http://www.fec.gov. Further information is provided in the supplementary information that follows.

Dates

Statements in support of, or in opposition to, the Petition must be submitted on or before April 17, 2006.

Supplementary Information

The Bipartisan Campaign Reform Act of 2002 (“BCRA”), Public Law 107-55, 116 Stat. 81 (2002), added “electioneering communications” to the communications already regulated by the Federal Election Campaign Act of 1971, as amended (“FECA”). See 2 U.S.C. 434(f)(3). Electioneering communications are television and radio communications that refer to a clearly identified candidate for Federal office, are publicly distributed within 60 days before a general election or 30 days before a primary election, and are targeted to the relevant electorate. See 2 U.S.C. 434(f)(3)(A)(i); 11 CFR 100.29. BCRA exempts certain communications from the definition of “electioneering communication,” 2 U.S.C. 434(f)(3)(B)(i) through (iii), and specifically authorizes the Commission to promulgate regulations exempting other communications as long as the exempted communications do not promote, support, attack or oppose a Federal candidate. 2 U.S.C. 434(f)(3)(B)(iv), citing 2 U.S.C. 431(20)(A)(iii). Section 100.29(c) of the Commission's regulations contains the regulatory exemptions to the definition of “electioneering communications.” 11 CFR 100.29(c). The Federal Election Commission (“Commission”) has 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 (collectively, “Petitioners”). The Petitioners ask the Commission to revise 11 CFR 100.29(c) to exempt from the definition of “electioneering communication” certain “grassroots lobbying” communications that reflect all of the following principles: 1. The ‘clearly identified federal candidate’ is an incumbent public officeholder; 2. The communication exclusively discusses a particular current legislative or executive branch matter; 3. The communication either (a) calls upon the candidate to take a particular position or action with respect to the matter in his or her incumbent capacity, or (b) calls upon the general public to contact the candidate and urge the candidate to do so; 4. If the communication discusses the candidate's position or record on the matter, it does so only by quoting the candidate's own public statements or reciting the candidate's official action, such as a vote, on the matter; 5. The communication does not refer to an election, the candidate's candidacy, or a political party; and 6. The communication does not refer to the candidate's character, qualifications or fitness for office. The Commission seeks comments on whether the Commission should initiate a rulemaking on this proposed exception to the definition of “electioneering communication.” Copies of the Petition are available for public inspection at the Commission's Public Records Office, 999 E Street, NW., Washington, DC 20463, Monday though Friday between the hours of 9 a.m. and 5 p.m., and on the Commission's website, http://www.fec.gov. Consideration of the merits of the Petition will be deferred until the close of the comment period. If the Commission decides that the Petition has merit, it may begin a rulemaking proceeding. Any subsequent action taken by the Commission will be announced in the Federal Register . Dated: March 9, 2006. Michael E. Toner, Chairman, Federal Election Commission. [FR Doc. E6-3810 Filed 3-15-06; 8:45 am] BILLING CODE 6715-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23785; Directorate Identifier 2006-CE-10-AD] RIN 2120-AA64 Airworthiness Directives; Twin Commander Aircraft Corporation Models 690, 690A, and 690B Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: 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. DATES: We must receive comments on this proposed AD by May 16, 2006. ADDRESSES: Use one of the following addresses to comment on this proposed AD: • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax: 1-202-493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Twin Commander Aircraft LLC, 19010 59th Drive, NE., Arlington, WA 98223, telephone: (360) 435-9797; facsimile: (360) 435-1112, for the service information identified in this proposed AD. You may examine the comments on this proposed AD in the AD docket on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Vince Massey, Aerospace Engineer, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, WA 98055-4056; telephone: (425) 917-6475; facsimile: (425) 917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include the docket number, “FAA-2006-23785; Directorate Identifier 2006-CE-10-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD in light of those comments. We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of the DOT docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov. Examining the Dockets You may examine the docket that contains the proposal, any comments received and any final disposition on the Internet at http://dms.dot.gov, or in person at the DOT Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the Docket Management Facility receives them. Discussion The FAA has received reports that cracks were found in the support structures for the inboard and center aileron hinge fittings on both wings on Twin Commander Models 690, 690A, and 690B airplanes. This condition, if not detected and corrected, could result in failure of the aileron. This failure could lead to reduced controllability or loss of control of the airplane. Relevant Service Information We have reviewed Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004. The service information describes procedures for: • Inspecting, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks; • Replacing cracked support structures; and • Reinforcing the support structures for the inboard and center aileron hinge fittings on both wings. FAA's Determination and Requirements of This Proposed AD We are proposing this AD to address an unsafe condition that we determined is likely to exist or develop on other products of this same type design. 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 would require you to use the service information described previously to perform these actions. Costs of Compliance We estimate that this proposed AD affects 275 airplanes in the U.S. registry. We estimate the following costs to do the proposed inspection of the support structures of the inboard aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 10 work hours × $80 an hour = $800 Not applicable $800 $800 × 275 = $220,000. We estimate the following costs to do the proposed inspection of the support structure of the center aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 12 work hours × $80 an hour = $960 Not applicable $960 $960 × 275 = $264,000. We estimate the following costs to do the proposed reinforcements to the support structures of the inboard aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 25 work hours × $80 an hour = $2,000 $1,526 $2,000 + $1,526 = $3,526 $3,526 × 275 = $969,650. We estimate the following costs to do the proposed reinforcement of the support structure of the center aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 50 work hours × $80 an hour = $4,000 $551 $4,000 + $551 = $4,551 $4,551 × 275 = $1,251,525. We estimate the following costs to do any proposed replacements of the support structures for the inboard aileron hinge fittings on both wings that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that may need this replacement: Labor cost Parts cost Total cost for each airplane 62 work hours × $80 an hour = $4,960 $2,320 $4,960 + $2,320 = $7,280. We estimate the following costs to do any proposed replacements of support structure for the center aileron hinge fittings on both wings that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that may need this replacement: Labor cost Parts cost Total cost for each airplane 176 work hours × $80 an hour = $14,080 $3,330 $14,080 + $3,330 = $17,410. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Twin Commander Aircraft Corporation : Docket No. FAA-2006-23785; Directorate Identifier 2006-CE-10-AD. Comment Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this proposed AD action by May 16, 2006. Affected ADs (b) None. Applicability (c) This AD affects Models 690, 690A, and 690B airplanes, all serial numbers, that are certificated in any category. Unsafe Condition (d) This AD results from reports of cracks found in the support structures for the inboard and center aileron hinge fittings on both wings. The actions specified in this AD are intended 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. Compliance (e) To address this problem, you must do the following: Actions Compliance Procedures (1) Inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks Within the next 150 hours time-in-service (TIS) or 12 months after the effective date of this AD, whichever occurs first Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable. (2) If you do not find cracks during the inspection required in paragraph (e)(1) of this AD, reinforce the support structures for the inboard and center aileron hinge fittings on both wings that are crack free Before further flight after the inspection required in paragraph (e)(1) of this AD. After the reinforcement is done, no further action is required Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable. (3) If you find cracks during the inspection required in paragraph (e)(1) of this AD, replace and reinforce the cracked support structure Before further flight after the inspection required in paragraph (e)(1) of this AD. After doing the replacement and reinforcement, no further action is required Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable. Alternative Methods of Compliance (AMOCs) (f) The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Vince Massey, Aerospace Engineer, Seattle Aircraft Certification Office, 1601 Lind Avenue SW, Renton, WA 98055-4056; telephone: (425) 917-6475; fax: (425) 917-6590, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (g) To get copies of the documents referenced in this AD, contact Twin Commander Aircraft LLC, 19010 59th Drive NE, Arlington, WA 98223, telephone: (360) 435-9797; facsimile: (360) 435-1112. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. The docket number is Docket No. FAA-2006-23785; Directorate Identifier 2006-CE-10-AD. Issued in Kansas City, Missouri, on March 10, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-3798 Filed 3-15-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-133446-03] RIN 1545-BC37 Guidance on Passive Foreign Investment Company (PFIC) Purging Elections; Hearing Cancellation AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Cancellation of notice of public hearing. SUMMARY: 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). DATES: The public hearing originally scheduled for Wednesday, March 22, 2006, at 10 a.m., is cancelled. FOR FURTHER INFORMATION CONTACT: Richard A. Hurst of the Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration) at Richard.A.Hurst@irscounsel.treas.gov or (202) 622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking by cross-reference to temporary regulations, notice of proposed rulemaking, and notice of public hearing that appeared in the Federal Register on Thursday, December 8, 2005, (70 FR 72952), announced that a public hearing was scheduled for March 22, 2006 at 10 a.m., in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC. The subject of the public hearing is proposed regulations under section 1291 of the Internal Revenue Code. The public comment period for these proposed regulations expired on March 8, 2006. A notice of proposed rulemaking by cross-reference to temporary regulations, notice of proposed rulemaking, and notice of public hearing, instructed those interested in testifying at the public hearing to submit a request to speak and an outline of the topics to be addressed. As of March 8, 2006, no one has requested to speak. Therefore, the public hearing scheduled for March 22, 2006, is cancelled. Guy R. Traynor, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 06-2533 Filed 3-15-06; 8:45 am]