May 11, 2005 – Federal Register Recent Federal Regulation Documents

NMFS announces that the commercial salmon fisheries in the area from the Cape Falcon, Oregon, to the Oregon-California Border were modified by inseason action. This action was necessary to conform to the 2004 management goals. The intended effect of this action was to allow the fishery to operate within the seasons and quotas specified in the 2004 annual management measures.

This regulation establishes a tolerance for residues of dimethenamid in or on horseradish. The Interregional Research Project No. 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). In addition, this regulatory action is part of the tolerance reassessment requirements of section 408(q) of FFDCA, 21 U.S.C. 346a(q), as amended by the FQPA of 1996. By law, EPA is required to reassess all tolerances in existence on August 2, 1996 by August 2006. This regulatory action will count towards this August 2006 deadline. This regulation establishes a maximum permissible level for residues of dimethenamid in this food commodity. EPA has previously published all relevant scientific conclusions and analysis related to this tolerance action. Due to an inadvertent oversight, a final rule published in the Federal Register on September 24, 2004, which outlined EPA action to establish several tolerances for residues of dimethenamid on various commodities, including horseradish, did not contain necessary information in a table to actually add the tolerance for dimethenamid residues on horseradish into 40 CFR 180.464. This action corrects that error.

The FAA proposes to adopt a new airworthiness directive (AD) for all airplanes equipped with Aero Advantage ADV200 series (part numbers ADVPL211CC and ADVPL212CW) vacuum pumps installed under supplemental type certificate number SA10126SC, through field approval, or other methods. This proposed AD would require you to remove any affected vacuum pump and related monitor system, remove the applicable airplane flight manual supplement (AFMS) and placard, and install an FAA-approved vacuum pump other than the affected part numbers. This proposed AD results from several reports of pump chamber failure. We are issuing this proposed AD to correct problems with the vacuum pump before failure or malfunction during instrument flight rules (IFR) flight that can lead to loss of flight instruments critical for flight. The loss of flight instruments could cause pilot disorientation and loss of control of the aircraft.

In response to a Notice of Proposed Rule Making (``Notice''), 69 FR 54614 (September 9, 2004), this Report and Order dismisses the underlying Petition for Rule Making requesting the allotment of Channel 271A at Washington, Kansas, because no comments or expressions of interest in response to the notice were received.

The Audio Division, on its own motion, proposes the substitution of Channel 235A for vacant Channel 265A at Bairoil, Wyoming and the substitution of Channel 267C for vacant Channel 262C at Sinclair, Wyoming. The existing allotments at Bairoil and Sinclair are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. The existing Channel 265A at Bairoil and existing Channel 262C at Sinclair are short-spaced to each other by 57.2 kilometers. The minimum distance spacing requirement for these allotments is 95 kilometers. Additionally, Channel 262C at Sinclair is short-spacing to licensed FM Station KYOD, Channel 261C1, Glendo, Wyoming by 186.4 kilometers. The minimum distance spacing requirement is 209 kilometers. A staff engineering analysis has determined that Channel 235A can be allotted to Bairoil, Wyoming in conformity with the Commission's rules without a site restriction at coordinates 42-14-40 NL and 107-33-32 WL. Moreover, Channel 267C can be allotted to Sinclair, Wyoming consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 9.6 kilometers (6 miles) west at coordinates 41-46-19 NL and 107-13-40 WL.

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number to each species. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. We request additional status information that may be available for the 286 candidate species. We will consider this information in preparing listing documents and future revisions to the notice of review, as it will help us in monitoring changes in the status of candidate species and in management for conserving them. We also request information on additional species that we should include as candidates as we prepare future updates of this list. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period May 5, 2004, through May 2, 2005.

The FAA is adopting a new airworthiness directive (AD) for all Dornier Model 328-300 series airplanes. This AD requires installing an additional mounting angle for the respective de-icing pipes at rib 9 in the leading edge area of the left- and right-hand wings. This AD is prompted by chafed de-icing lines in the wing leading edge area. We are issuing this AD to prevent chafing of the de-icing lines, which could result in a reduction in functionality of the anti-ice system, and possibly reduced controllability and performance of the airplane in icing conditions.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the federally endangered Gila trout (Oncorhynchus gilae) to threatened status under the authority of the Endangered Species Act of 1973, as amended (Act). Based on a review of the species' current status, we have determined that reclassification of the Gila trout to threatened status is warranted. We are also proposing a special rule under section 4(d) of the Act that would apply to Gila trout found in New Mexico and Arizona. If finalized, the special rule included in this proposal would enable the New Mexico Department of Game and Fish (NMDGF) and the Arizona Game and Fish Department (AGFD) to promulgate special regulations in collaboration with the Service, allowing recreational fishing of Gila trout, beginning on the date that the final 4(d) rule becomes effective.

In this document, the Commission seeks current and accurate data on the average number of compensable dial-around calls made from payphones on a monthly basis. This average monthly data will be used to calculate a monthly per-payphone default compensation rate, which will apply to payphones that are not connected to Flex ANI, a call-tracking technology.