March 2005 – Federal Register Recent Federal Regulation Documents

The Securities and Exchange Commission (``Commission'' or ``SEC'') is adopting a new rule that allows registered open-end investment companies (``funds'') to impose a redemption fee, not to exceed two percent of the amount redeemed, to be retained by the fund. The redemption fee is intended to allow funds to recoup some of the direct and indirect costs incurred as a result of short-term trading strategies, such as market timing. The new rule also requires most funds to enter into written agreements with intermediaries (such as broker-dealers and retirement plan administrators) that hold shares on behalf of other investors, under which the intermediaries must agree to provide funds with certain shareholder identity and transaction information at the request of the fund and carry out certain instructions from the fund. The Commission is also requesting additional comment to obtain further views on whether it should establish uniform standards for redemption fees charged under the rule.

The FAA is adopting a new airworthiness directive (AD) for all McDonnell Douglas Model DC-8 airplanes. This AD requires an inspection of the pushrod assemblies for the left and right elevator control tabs to determine if the pushrod assemblies are made of aluminum or steel, replacing any assembly made of aluminum with an assembly made of steel or modifying existing steel assemblies, and other specified actions. This AD also requires an inspection of the crank assemblies for the inboard and outboard geared tabs of the elevator to determine if the crank assemblies are made of aluminum or steel, replacing any assembly made of aluminum with an assembly made of steel, and other specified actions. This AD is prompted by an accident involving a DC-8 airplane. The probable cause of the accident was a loss of pitch control resulting from the disconnection of the pushrod for the right elevator control tab. The pushrod dropped down and jammed in front of the control tab crank, causing a large deflection of the control tab. We are issuing this AD to minimize the possibility of a control tab offset. A control tab offset could cause elevator deflection, an elevator airplane-nose-up condition, and reduced controllability of the airplane. This AD is also prompted by a report that the elevator on a McDonnell Douglas Model DC-8 airplane did not respond to command inputs from the flightcrew. We are also issuing this AD to minimize the possibility of crank assembly failure when the assembly is exposed to abnormal load conditions. Failure of a crank assembly could result in a jammed elevator and consequent reduced controllability of the airplane.

We are adopting as a final rule, with changes, an interim rule that established regulations governing the possession, use, and transfer of biological agents and toxins that have been determined to have the potential to pose a severe threat to public health and safety, to animal health, to plant health, or to animal or plant products. This action is necessary to protect animal and plant health, and animal and plant products.

The EPA is announcing a stay of the immediate final rule published in the Federal Register of January 27, 2005 (70 FR 3894), authorizing revisions to Georgia's hazardous waste management program under the Resource Conservation and Recovery Act (RCRA) and the Hazardous and Solid Waste Amendments of 1984 (HSWA). The effect of the stay is to allow for an extended public comment period. EPA did not publish a public notice in the newspaper concurrent with publication of the Federal Register notice published on January 27, 2005. Therefore, since EPA is committed to its policy of ensuring public involvement in the decision-making process, EPA is reopening the comment period.

This document requests comments on a petition for rulemaking filed by Clear Channel Broadcasting Licenses, Inc., licensee of Station WBIP-FM, Channel 257A, Booneville, Mississippi, proposing to substitute Channel 257C3 for Channel 257A at Booneville, reallot Channel 257C3 to Guntown, Mississippi, and modify Station WBIP-FM's license to reflect those changes. The coordinates for Channel 257C3 at Guntown are 34-21- 42 NL and 88-35-34 WL with a site restriction of 11.1 kilometers (6.9 miles) southeast of the community.

This document proposes three new FM broadcast allotments in Coosada, Alabama; Livingston, Alabama; and Rockford, Alabama. The Audio Division, Media Bureau, requests comment on a petition filed by Tempest Communications, proposing the allotment of Channel 226A at Coosada, Alabama, as the community's first local aural transmission service. Channel 226A can be allotted to Coosada in compliance with the Commission's minimum distance separation requirements with a site restriction of 4.3 kilometers (2.7 miles) east of the central city coordinates for Coosada. The reference coordinates for Channel 226A at Coosada are 32-30-02 North Latitude and 86-17-09 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require the following: Repetitive eddy current inspections for cracks of the countersunk rivet holes in the lower lobe, adjacent to the radio altimeter cutouts; additional inspections, for certain airplanes, for cracks and/or corrosion; and further investigative and corrective action if any crack is found. This proposed AD also would provide an optional terminating action for the repetitive inspections. This proposed AD was prompted by reports of cracks in the fuselage skin of the lower lobe. We are proposing this AD to detect and correct fatigue cracks of the countersunk rivet holes, which could result in cracks of the fuselage skin of the lower lobe, and consequent rapid depressurization of the cabin.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 172R, 172S, 182T, T182T, 206H, and T206H airplanes. This proposed AD would require you to inspect any MC01-3A I.C. 9 or MC01-3A I.C. 10 main electrical power junction box circuit breakers for correct amperage (amp) (a correct 40- amp circuit breaker) and replace any incorrect amp circuit breaker with the correct 40-amp circuit breaker. This proposed AD results from several reports of circuit breakers that are not the correct 40-amp circuit breaker installed in the MC01-3A main electrical power junction box. We are issuing this proposed AD to replace any incorrect circuit breaker installed in the MC01-3A I.C. 9 or MC01-3A I.C. 10 main electrical power junction box, which could result in premature tripping of the power junction box main feeder circuit breakers and could lead to partial or complete loss of all electrical power on the airplane. This failure could lead to the loss of all navigation and communication equipment and lighting in the cockpit.

The Secretary of the Navy's sole delegate for service of process, the Navy General Counsel, is changing the address where the service of process documents shall be delivered. This action is being taken in order to streamline the service process and expedite legal response on behalf of the Department of the Navy.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes will update the following sections of the Regulation and Rules: Condition of Vessels; Preclearance and Security for Tolls; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; Information and Reports; and General. These amendments are necessary to take account of updated procedures and/or technology and will enhance the safety of transits through the Seaway.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires repetitive inspections of the left and right engine throttle control gearboxes for wear, and corrective action if necessary. The existing AD was prompted by numerous failures of the engine throttle control gearbox, some of which resulted in an in-flight engine shutdown. This AD adds airplanes to the applicability of the existing AD. We are issuing this AD to prevent excessive wear of the gearboxes and subsequent movement or jamming of the engine throttle; movement of the throttle towards the idle position brings it close to the fuel shut-off position, which could result in an in-flight engine shutdown.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are proposing minor changes to our regulations that govern topsoil replacement and revegetation success standards. These revisions would: Encourage species diversity on reclaimed lands; provide flexibility to States in using new vegetative success standards and sampling techniques; define success standards for undeveloped land; remove shelter belts from the list of postmining land uses subject to success standards; remove what we believe is an impediment to reforestation of mined lands and provide practical means of measuring woody shrubs commonly planted on arid lands in the West; and make the timing of revegetation success measurements in areas receiving 26 inches of annual precipitation or less consistent with those in areas receiving more than 26 inches of annual precipitation.

NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Part-time permit category for the 2005 fishing year has been harvested. Commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2005 fishing year (through October 31, 2005). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 first seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher vessels using trawl gear in the BSAI.

The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) directs the Commission to prescribe the manner and content of certain disclosures that must be used by depository institutions that do not have federal deposit insurance. The Commission seeks comment on these proposed disclosure rules for non-federally insured depository institutions.

The Office of Personnel Management (OPM) is issuing proposed regulations to allow certain job-related experience acquired in a structured work-study program to be credited under the Student Career Experience Program. The proposed change would permit agencies to credit a student's job-related work-study experience toward the minimum requirement for conversion to a permanent appointment under the Program.

This document seeks comment on a petition for rule making filed by Jeraldine Anderson proposing the allotment of Channel 249A at Roby, Texas as the community's first local service. Channel 249A can be allotted at coordinates located 32-43-00 NL and 100-27-00 WL with a site restriction of 7.5 kilometers (4.7 miles) southwest of the community. To accommodate this proposal, the FM Table of Amendments will be amended to reflect the current licensed authorization of Station KTLT(FM) on Channel 251C2 at Anson, Texas. Station KTLT(FM)'s one-step permit (File No. BPH-1990122IG) to upgrade to Channel 251C1 at Anson, Texas expired on December 13, 2002.

This document requests comments on a petition for rulemaking filed by Charles Crawford, requesting the allotment of Channel 251C3 at Altheimer, Arkansas, as the community's first local aural transmission service. Petitioner's proposal also requires the reclassification of Station KURB(FM), Channel 253C, Little Rock, Arkansas 253C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93 (1998 Biennial Regulatory Review Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules) 65 FR 79773 (2000). An Order to Show Cause was issued to Citadel Broadcasting Company, licensee of Station KURB(FM) (RM-11102). Channel 251C3 can be allotted at Altheimer, Arkansas, at Petitioner's requested site 20.4 kilometers (12.7 miles) southwest of the community at coordinates 34-09-00 NL and 91-56-00 WL

The Audio Division dismisses a Petition for Rule Making filed by Call Communications Group, requesting the reservation of vacant Channel 239A at Big Pine Key, Florida for noncommercial educational use. See 69 FR 43552, July 21, 2004. Call Communications Group, or no other party, filed comments supporting the reservation of vacant Channel 239A at Big Pine Key for noncommercial educational use. It is the Commission's policy to refrain from making a new allotment or reservation to a community absent an expression of interest.

The Federal Election Commission is revising its regulations governing donations made or directed by national, State, district, and local political party committees to certain tax-exempt organizations and political organizations. The final rules allow these political party committees to make or direct donations of Federal funds to certain 501(c) tax-exempt organizations and certain 527 political organizations. These revisions conform the Commission's rules to the decision of the U.S. Supreme Court in McConnell v. Federal Election Commission, which included a narrowing construction of section 101 of the Bipartisan Campaign Reform Act of 2002. Further information is provided in the supplementary information that follows.

We are withdrawing a proposed rule to amend the Virus-Serum- Toxin Act regulations by adding a Standard Requirement for Escherichia coli bacterins. The proposed rule would have provided uniform test methods, procedures, and criteria to be used by manufacturers of E. coli bacterins to ensure that such bacterins were immunogenic and potent. We are withdrawing the proposed rule after considering the comments we received following its publication.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus model airplanes, as specified above. This proposed AD would require modifying the electrical bonding points of additional center tanks. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent electrical arcing inside the fuel tank, due to insufficient bonding, which could result in the ignition of fuel vapors with a potential risk of explosion of the fuel tank.

This document contains final regulations on the ordering rules of section 664(b) of the Internal Revenue Code for characterizing distributions from charitable remainder trusts (CRTs). The final regulations reflect changes made to income tax rates, including the rates applicable to capital gains and certain dividends, by the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998, and the Jobs and Growth Tax Relief Reconciliation Act of 2003. The final regulations provide guidance needed to comply with these changes and affect CRTs and their beneficiaries.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels 60 feet (18.3 meters (m)) length overall (LOA) and longer using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 first seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher vessels using hook-and-line gear in the BSAI.

The FAA is adopting a new airworthiness directive (AD) for all McDonnell Douglas Model MD-90-30 airplanes. This AD requires replacing, with improved parts, certain existing fluorescent light lamp holders located in the ceiling panels and life raft ceiling support housings, and behind the overhead stowage compartments in the main cabin. This AD is prompted by reports of failure of fluorescent light lamp holders in the main cabin. We are issuing this AD to prevent chafing of the lamp holder power wire against the mounting bracket, and moisture intrusion into the lamp holders, which could result in failure of the lamp holders and consequent smoke and fire in the airplane cabin.