February 2, 2005 – Federal Register Recent Federal Regulation Documents

We the U.S. Fish and Wildlife Service (Service) announce a 12- month finding on a petition to delist the Preble's meadow jumping mouse (Preble's) (Zapus hudsonius preblei) under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). After reviewing the best scientific and commercial information available, we find that the petitioned action is warranted and propose to delist or remove Preble's from the List of Endangered and Threatened Wildlife. We propose this action based on a review of all available data, which indicate that Preble's is not a discrete taxonomic entity, does not meet the definition of a subspecies, and was listed in error. Before this proposed action is finalized, the Service will conduct a status review and evaluate threats to the combined Z. h. campestris entity in all or a significant portion of its range. We will also analyze whether the Preble's portion of Z. h. campestris qualifies as a Distinct Population Segment in need of protection. We seek comments from the public regarding this proposal.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Missouri for the purpose of establishing vapor line requirements necessary to achieve Stage I vapor recovery air quality benefits in Clay, Jackson, and Platte counties in Missouri.

The Commission, at the request of Red River Broadcast Company, LLC, substitutes DTV channel 32 for DTV channel 57. See 65 FR 54832, September 11, 2000. DTV channel 32 can be allotted to Thief River Falls, Minnesota, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates 48-01-19 N. and 96-22-12 W. with a power of 1000, HAAT of 183 meters and with a DTV service population of 142 thousand. Since the community Thief River Falls is located within 400 kilometers of the U.S.-Canadian border, concurrence from the Canadian government was obtained for this allotment. With this action, this proceeding is terminated.

This rule adopts as final the Department of State's proposed rule to revise the Schedule of Fees for Consular Services (``Schedule of Fees'' or ``Schedule''), with four changes, one incorporating and finalizing an already effective additional exemption to the MRV fee and the others adding three new fees authorized by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). None of these changes are being made in response to public comments. Only one comment was received during the period for public comment, but the Department has decided that the comment does not warrant any changes in the proposed rule. The additional exemption being added to the Schedule simply incorporates and finalizes an exemption that has been in effect during the comment period on the revised Schedule as a result of an Interim Rule issued pursuant to a separate but related rulemaking. No comments on the additional exemption were received during the comment period for that rulemaking. The three new fees are being added because they were established by legislation enacted after the comment period for this rulemaking closed. The addition of these fees does not require public comment. The proposed rule, modified only to incorporate the new exemption and the new legislatively established fees, is therefore adopted as final.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace areas at Rolla/Vichy, MO. A review of the Class E airspace surface area and the Class E airspace area extending upward from 700 feet above ground level (AGL) at Rolla/ Vichy, MO reveals neither area complies with criteria for extensions nor reflects the current Rolla National Airport airport reference point (APR). Also, the legal descriptions of both area are not in proper format. These airspace areas and their legal descriptions are modified to conform to the criteria in FAA Orders.

The Federal Election Commission requests comments on the proposed revision of the definition of ``agent'' for its regulations on coordinated and independent expenditures, and non-Federal funds, which are commonly referred to as ``soft money.'' Current Commission regulations define agent as ``any person who has actual authority, either express or implied'' to perform certain actions. This definition does not include persons acting only with apparent authority. The Commission's regulations defining agent were challenged in Shays v. FEC. The District Court held that the Commission's definitions of agent did not necessarily run contrary to Congress's intent and were based on a permissible construction of the statute. However, the court also held that the Commission had not provided adequate explanation of its decision to exclude from the definition of agent persons acting only with apparent authority and therefore had not satisfied the reasoned analysis requirement of the Administrative Procedures Act. The court remanded the regulations to the Commission for further action consistent with the court's opinion. Accordingly, in order to comply with the court's decision, the Commission now revisits the definition of agent by issuing this Notice of Proposed Rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

The Rural Utilities Service (RUS) is adopting regulations implementing its financial assistance programs for rural communities with extremely high energy costs. These programs are authorized under section 19 of the Rural Electrification Act of 1936, as amended. This direct final rule is intended to establish and clarify eligibility and application requirements, the review and approval process, and grant administration procedures for RUS grants to rural communities with extremely high energy costs and for grants to State entities for bulk fuel revolving loan funds. This publication of these rules will assure timely and effective distribution of grant funds to eligible rural communities and State entities.

The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 38,000-acre ``Covelo'' viticultural area in Mendocino County, California, about 150 miles north of San Francisco. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.

This notice revises an earlier proposed airworthiness directive (AD), applicable to Rolls Royce plc (RR) RB211-524 series turbofan engines with certain part number (P/N) intermediate pressure (IP) compressor stage 5 disks installed. That proposal required new reduced IP compressor stage 5 disk cyclic limits. That proposal also required removing from service affected disks that already exceed the new reduced cyclic limit, and removing other affected disks before exceeding their cyclic limits, using a drawdown schedule. That proposal resulted from the discovery of cracks in the cooling air hole areas of the disk front spacer arm. This Supplemental Notice of Proposed Rulemaking (SNPRM) revises the proposed rule by correcting certain cycle life limits specified in Table 3 of that AD and by clarifying certain inspections. We are proposing this AD to prevent IP compressor stage 5 disk failure, which could result in uncontained engine failure and possible damage to the airplane.

This amendment adopts a new airworthiness directive (AD), applicable to all Boeing Model 747 series airplanes, that requires repetitive inspections of the nacelle strut-to-wing attachment structure, and repetitive overhaul of the diagonal brace and spring beam load paths, to maintain damage tolerance requirements and ensure long-term structural integrity; and follow-on and corrective actions if necessary. This action is necessary to ensure the structural integrity of the strut-to-wing load path and prevent separation of the strut and engine from the airplane. This action is intended to address the identified unsafe condition.

This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 737-300, -400, and -500 series airplanes; and Model 757-200 and -200CB series airplanes, that requires inspection of the applicable body station frames for open body station frames and related investigative/corrective actions; and installation of lanyard hook brackets and lanyard assemblies under the air conditioning overhead ducts, as applicable. This action is necessary to prevent loosened or disconnected overhead ducts from causing ceiling panels to drop below the minimum height of the evacuation zone for the passenger cabin, which could result in inadequate height for safe exit in the event of an emergency evacuation. This action is intended to address the identified unsafe condition.