June 9, 2005 – Federal Register Recent Federal Regulation Documents

NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the Atlantic mackerel fishery if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to limit the number of participants in this fishery in Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). This announcement alerts interested parties of potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the Mid-Atlantic Fishery Management Council (Council) considers how access to the Atlantic mackerel fishery should be controlled. NMFS also reaffirms, on behalf of the Council, the most recent control date of July 5, 2002, for this fishery, which may be used for establishing eligibility criteria for determining levels of future access to the Atlantic mackerel fishery; informs the public that the Council is developing such a program in Amendment 10 to the FMP as expeditiously as possible; and notifies the public of several measures that are under consideration by the Council for inclusion in Amendment 10.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Cessna Aircraft Company (Cessna) Models 401, 401A, 401B, 402, 402A, 402B, 402C, 404, 411, 411A, 414, 414A, 421, 421A, 421B, 421C, 425, and 441 airplanes equipped with certain avionics bus circuit breaker switches. This proposed AD would require you to inspect the avionics bus circuit breaker switch to determine the date code and replace any without a date code. This proposed AD would also impose a 1,000-hour safe life limit on avionics bus circuit breaker switches with a date code earlier than 0434. This proposed AD results from reports of smoke and a burning smell in the cockpit. We are issuing this proposed AD to prevent failure of the avionics bus circuit breaker switch, which could result in smoke and a burning smell in the cockpit. This failure could lead to reduced ability to control the airplane.

This final rule renumbers certain sections of 25 CFR part 39 in order to conform to the amendments published on April 28 and to rationalize the number system in part 39. It also eliminates two obsolete cross references.

This document makes a correction to Airworthiness Directive (AD) 2005-07-05. That AD applies to General Electric Company (GE) CF6- 45A, CF6-50A, CF6-50C, and CF6-50E series turbofan engines that have not incorporated GE Service Bulletin (SB) No. CF6-50 S/B 72-1239, Revision 1, dated September 24, 2003, or that have not incorporated paragraph 3.B. of GE SB No. CF6-50 S/B 72-1239, original issue, dated May 29, 2003. We published AD 2005-07-05 in the Federal Register on March 30, 2005, (70 FR 16096). A descriptive phrase was inadvertently left out of compliance paragraph (f). This document corrects compliance paragraph (f). In all other respects, the original document remains the same.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad Bridge across the Port Allen Canal, mile 8.7 (Gulf Intracoastal Canal, Morgan City to Port Allen (Alternate Route), mile 56.0), near Morley, West Baton Rouge Parish, Louisiana. This deviation allows the bridge to remain closed to navigation for eight hours on three consecutive days. The deviation is necessary to repair and replace the rail joints of the bridge.

This proposed rule amends the NASA FAR Supplement (NFS) to add an Alternate to the ``Major Breach of Safety or Security Clause.'' This Alternate deletes references to termination for default and makes other changes to be consistent with the FAR termination clauses prescribed for use with educational or nonprofit institutions performing research and development work on a nonprofit or no-fee basis, and in contracts for commercial items.

The Federal Aviation Administration (FAA) announces the reopening of the comment period on a proposed policy on Acceptable Methods of Compliance with Title 14 Code of Federal Regulations (CFR) 25.562(c)(5) for Front Row Passenger Seats. This reopening is necessary to afford all interested parties an opportunity to further present their views on the proposed policy.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the federally threatened Astragalus lentiginosus var. piscinensis (Fish Slough milk-vetch) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,007 acres (ac) (3,240 hectares (ha)) fall within the boundary of the critical habitat designation. The critical habitat is located in Mono and Inyo Counties, California.

The FDIC is revising its insurance regulations for accounts of qualified tuition savings programs under section 529 of the Internal Revenue Code. Qualified tuition programs that are savings plans or prepaid tuition plans may be established by states or state instrumentalities under section 529 of the Internal Revenue Code. Interests in qualified tuition savings programs are ``securities'' under the federal securities laws. Under the FDIC's existing insurance regulations, a state public instrumentality that issues securities is treated as a corporation for deposit insurance purposes. As a result, the deposits of the state public instrumentality are insured up to a total of only $100,000 in the aggregate. The deposits are not insured on a ``pass-through'' basis to the holders of the securities. Under the FDIC's new rule, the deposits of the state public instrumentality may be insured on a ``pass- through'' basis (i.e., up to $100,000 for the beneficial interest of each participant) if the deposits represent interests or accounts in a state public instrumentality that is part of a qualified tuition savings program under section 529 of the Internal Revenue Code.