January 6, 2005 – Federal Register Recent Federal Regulation Documents

The Federal Communications Commission (FCC) is correcting a final rule that appeared in the Federal Register of December 10, 2004 (69 FR 72020). This document renamed the Instructional Television Fixed Service (ITFS) as the Educational Broadband Service (EBS) and renaming the Multichannel Multipoint Distribution Service (MMDS) and the Multipoint Distribution Service (MDS) as the Broadband Radio Service (BRS). The rules restructure the 2500-2690 MHz band, designate the 2495-2500 MHz band for use in connection with the 2500-2690 MHz band, establish a plan to transition licenses to the restructured 2500-2690 MHz band, adopt licensing, service, and technical rules to govern licensees in the EBS and BRS, permit spectrum leasing for BRS and EBS licensees under the Commission's secondary markets leasing policies and procedures, and permit unlicensed operation in the 2655-2690 MHz band.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') granting a joint motion to terminate the above-captioned investigation on the basis of a settlement agreement.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 7, 2004, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BIAX Corporation of Boulder, Colorado. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital processors and digital processing systems, components thereof, and products containing same by reason of infringement of claims 11-13, 26, and 32-33 of U.S. Patent No. 4,487,755, claims 6, 8, 13-14, 28, 33-34, and 36 of U.S. Patent No. 5,021,954, claims 1-3, 9- 21, 23, and 25-30 of U.S. Patent No. 5,517,628, claims 3-9, 11-12, and 16-24 of U.S. Patent No. 6,253,313, and claims 1, 3, 5, 7-8, 10, 13-16, 18, 20-22, and 24-28 of U.S. Patent No. 5,765,037. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. Complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

We, the U.S. Fish and Wildlife Service (Service), reclassify from endangered to threatened status the Mariana fruit bat (Pteropus mariannus mariannus) from Guam, under the authority of the Endangered Species Act of 1973, as amended (Act), and determine the Mariana fruit bat from the Commonwealth of the Northern Mariana Islands (CNMI) to be a threatened species under the authority of the Act. This rule lists the Mariana fruit bat as threatened throughout its range. The Mariana fruit bat was listed previously as endangered on Guam. The bat populations on the southern islands of the CNMI (Aguiguan, Tinian, and Saipan) were candidates for listing. The best available scientific information indicates that Mariana fruit bats on Guam and throughout the CNMI comprise one subspecies. The protections of the Act, therefore, apply to this subspecies throughout its known range in the Mariana archipelago.

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from PFC at Akron-Canton Regional Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158).

These special conditions are issued for the Airbus Model A330, A340-200, and A340-300 series airplanes. These airplanes will have novel or unusual design features associated with a lower deck mobile crew rest (LD-MCR) compartment. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the I Street Drawbridge across the Sacramento River, mile 59.4, at Sacramento, CA. This deviation allows the drawbridge to remain in the closed-to-navigation position during essential operating machinery repair, to prevent unexpected failure of the drawspan.

We, the U.S. Fish and Wildlife Service (Service) establish a rule for the nonessential experimental populations (NEPs) of the Western Distinct Population Segment (DPS) of the gray wolf (Canis lupus), so that in States and on Tribal reservations with Service- approved wolf management plans, we can better address the concerns of affected landowners and the impacts of a biologically recovered wolf population. In addition, States and Tribes with Service accepted wolf management plans can petition the Service for lead management authority for experimental wolves consistent with this rule. Within the Yellowstone and central Idaho experimental population areas, only the States of Idaho and Montana currently have approved management plans for gray wolves. The State of Wyoming has prepared a wolf management plan that was not approved by the Service. No Tribes have approved management plans. Therefore, at this point in time these regulatory changes only affect wolf management within the experimental population areas in Montana and Idaho. As we discussed in our advance notice of proposed rulemaking regarding delisting the Western DPS of the gray wolf (68 FR 15879; April 1, 2003), once Wyoming has an approved wolf management plan, we intend to propose removing the gray wolf in the Western DPS from the List of Endangered and Threatened Wildlife. This rule does not affect gray wolves in the Eastern DPS, the Southwestern DPS, or the non-experimental wolves in the Western DPS.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes equipped with certain forward and aft passenger door emergency escape slides. This AD requires modifying the forward and aft door slides. This AD is prompted by manufacturer testing that has shown contact between the inflation hose and fabric roll, within a short period of time after inflation of the emergency escape slides, can rupture the inflation hose at its end fittings. We are issuing this AD to prevent interference between the inflation hose and slide fabric and rupture of the inflation hose, which could result in incomplete inflation of the emergency escape slides and consequent unavailability of those slides during an emergency evacuation.