Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations 63901 Publication Federal requirement Federal Register reference date Mineral Processing Secondary Materials 63 FR 28556; Amendments to 40 CFR Part 261 ........................................................ 05/26/98 (5) Memorandum of Agreement. The 20.4.1.400, 20.4.1.401, 20.4.1.500, 20.4.1.501, of this Commission decision is available Memorandum of Agreement between 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.800, for inspection and copying during EPA Region 6 and the State of New 20.4.801, 20.4.1.900, 20.4.1.901.B.1 through normal business hours in the FCC Mexico, signed by the EPA Regional 20.4.1.901.B.6, 20.4.1.901.E, 20.4.1.1000, Reference Information Center, Portals II, 20.4.1.1001 (June 14, 2000), 20.4.1.1102 (June Administrator on July 25, 2007, is 14, 2000), and 20.4.1103. Copies of the New 445 12th Street, SW., Room CY–A257, referenced as part of the authorized Mexico regulations can be obtained from the Washington, DC 20554. The complete hazardous waste management program New Mexico Commission of Public Records, text of this decision also may be under subtitle C of RCRA, 42 U.S.C. State Records Center and Archives, purchased from the Commission’s 6921 et seq. Administrative Law Division, 1205 Camino duplicating contractor, Best Copy and (6) Statement of Legal Authority. Carlos Rey, Santa Fe, NM 87507; Phone Printing, Inc., 445 12th Street, SW., ‘‘Attorney General’s Statement for Final number (505) 476–7907; Web site: http:// Room CY–B402, Washington, DC, Authorization’’, signed by the Attorney www.nmcpr.state.nm.us/. 20554, (800) 378–3160, or via the General of New Mexico January 1985, [FR Doc. E8–25533 Filed 10–27–08; 8:45 am] company’s Web site, http:// and revisions, supplements and BILLING CODE 6560–50–P www.bcpiweb.com. The Commission addenda to that Statement dated April will send a copy of this Report and 13, 1988; September 14, 1988; July 19, Order in a report to be sent to Congress 1989; July 23, 1992; February 14, 1994; FEDERAL COMMUNICATIONS and the Government Accountability July 18, 1994; July 20, 1994; August 11, COMMISSION Office pursuant to the Congressional 1994; November 28, 1994; August 24, Review Act, see 5 U.S.C. 801(a)(1)(A). 1995; January 12, 1996; June 14, 2000, 47 CFR Part 73 List of Subjects in 47 CFR Part 73 and August 3, 2006, are referenced as part of the authorized hazardous waste [DA 08–2276; MB Docket No. 07–182; RM– Radio, Radio broadcasting. 11393; MB Docket No. 07–194; RM–11397] management program under subtitle C ■ As stated in the preamble, the Federal of RCRA, 42 U.S.C. 6921 et seq. Radio Broadcasting Services; Antlers, Communications Commission amends (7) Program Description. The Program OK; Hico, TX, and Hugo, OK 47 CFR part 73 as follows: Description and any other materials submitted as supplements thereto are AGENCY: Federal Communications PART 73—RADIO BROADCAST referenced as part of the authorized Commission. SERVICES hazardous waste management program ACTION: Final rule. ■ 1. The authority citation for part 73 under subtitle C of RCRA, 42 U.S.C. continues to read as follows: 6921 et seq. SUMMARY: The Audio Division, at the request of Liberman Broadcasting of ■ 3. Appendix A to part 272 is amended Authority: 47 U.S.C. 154, 303, 334, 336. Dallas License LLC, allots FM Channel by revising the listing for ‘‘New Mexico’’ 293A in lieu of vacant FM Channel § 73.202 [Amended] to read as follows: 285A at Hico, Texas. Channel 293A can ■ 2. Section 73.202(b), the Table of FM Appendix A to Part 272—State be allotted at Hico, Texas, in Allotments under Texas, is amended by Requirements compliance with the Commission’s removing Channel 285A and adding * * * * * minimum distance separation Channel 293A at Hico. requirements with a site restriction of Federal Communications Commission. New Mexico 5.5 km (3.4 miles) south of Hico at the John A. Karousos, The statutory provisions include: following reference coordinates: 31–56– Assistant Chief, Audio Division, Media New Mexico Statutes 1978 Annotated, 00 North Latitude and 98–02–00 West Bureau. Hazardous Waste Act, Chapter 74, Article 4 Longitude. The Audio Division further [FR Doc. E8–25726 Filed 10–27–08; 8:45 am] (2000 Replacement Pamphlet). Please note amends the reference coordinates of that for a few provisions the version found vacant FM Channel 285A at Broken BILLING CODE 6712–01–P in the 2002 Cumulative Supplement to NMSA 74–4 is the approved version of the Bow, Oklahoma, to reflect a site restrict of 12.8 km (7.9 miles) northeast of statutes. DEPARTMENT OF COMMERCE Chapter 74, Article 4, Sections 74–4–2, 74– Broken Bow at the following reference 4–3 (except 74–4–3.A, 74–4–3.N, 74–4–3.R, coordinates: 34–06–21 North Latitude National Oceanic and Atmospheric and 74–4–3.V) (2002 Cumulative and 94–38–09 West Longitude. Administration Supplement), 74–4–3.1, 74–4–4.2.A, 74–4– DATES: Effective November 24, 2008. 4.2.B, 74–4–4.2.G introductory paragraph, ADDRESSES: 74–4–4.2.G(2), 74–4–4.3.F (2002 Cumulative Secretary, Federal 50 CFR Part 224 Communications Commission, 445 12th Supplement), 74–4–4.7 (except 74–4–4.7.B [Docket No. 080320453–8705–01] and 74–4–4.7.C), 74–4–9, and 74–4–10.1.C, Street, SW., Washington, DC 20554. as published by ConwayGreene Company, FOR FURTHER INFORMATION CONTACT: RIN 0648–XG60 1400 East 30th Street, Suite #402, Cleveland, Deborah Dupont, Media Bureau, (202) OH 44114; Phone number (216) 619–8091; 418–2180. Endangered and Threatened Species; Web site: http://www.conwaygreene.com. Final Rule to Remove the Caribbean SUPPLEMENTARY INFORMATION: This is a The regulatory provisions include: Monk Seal From the Federal List of Title 20, Chapter 4, Part 1, New Mexico synopsis of the Commission’s Report Endangered and Threatened Wildlife Annotated Code, effective October 1, 2003, and Order, MB Docket Nos. 07–182 and unless otherwise indicated, Sections 07–194, adopted October 8, 2008, and AGENCY: National Marine Fisheries 20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, released October 10, 2008. The full text Service (NMFS), National Oceanic and VerDate Aug<31>2005 14:54 Oct 27, 2008 Jkt 217001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\28OCR1.SGM 28OCR1 ebenthall on PROD1PC60 with RULES 63902 Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations Atmospheric Administration, We are additionally required by ESA as sea wolves, hair seals, or simply Commerce. section 4(c)(2) and 50 CFR 424.12 to seals. Although the species had several ACTION: Final rule. review each species on the list every 5 common names, it is taxonomically years (‘‘5–year review’’) to determine described according to the following: SUMMARY: We, the National Marine whether a species’ classification on the Kingdom: Animalia Fisheries Service (NMFS), publish this list of threatened or endangered species Phylum: Chordata final rule to remove the Caribbean monk is accurate. We evaluate whether the Class: Mammalia seal (Monachus tropicalis) from the list species continues to meet the definition Subclass: Eutheria of endangered marine and anadromous of a threatened or endangered species, Order: Carnivora species at 50 CFR 224.101 due to and we evaluate the five factors under Suborder: Pinnipedia Family: Phocidae extinction of the species. We have ESA section 4(a)(1) to specify the ongoing reasons for the species’ status: Subfamily Monachinae reviewed the status of this species and Genus: Monachus determined that removal of the (1) The present or threatened destruction, modification or curtailment Species: tropicalis protections of the Endangered Species The genus Monachus includes 3 Act (ESA) for the Caribbean monk seal of its habitat or range; (2) overutilization for commercial, recreational, scientific, allopatric species: M. tropicalis is warranted. The U.S. Fish and Wildlife (Caribbean monk seals), M. Service (USFWS) concurred with our or educational purposes; (3) disease or predation; (4) the inadequacy of existing schauinslandi (Hawaiian monk seals), recommendation to delist this species in and M. monachus (Mediterranean monk a letter dated October 17, 2008. regulatory mechanisms; and (5) other natural or manmade factors affecting its seals). A thorough description of the DATES: The effective date of this rule is continued existence. A species may be Caribbean monk seal was completed by October 28, 2008. delisted pursuant to 50 CFR 424.11(d) if Adam (2004). Caribbean monk seals are ADDRESSES: Assistant Regional the best scientific and commercial data more closely related to Mediterranean Administrator, Protected Resources available substantiate that the species is monk seals than to Hawaiian monk seals Division, NMFS, Southeast Regional neither endangered nor threatened for (Wyss, 1988). However, the Office, 263 13th Ave. South, St. one or more of the following reasons: (1) phylogenetic relationship among Petersburg, FL 33701. the species is considered extinct; (2) the species of monk seals remains in dispute (Lavigne, 1998). No genetic FOR FURTHER INFORMATION CONTACT: Kyle species is considered to be recovered; studies of Caribbean monk seals have Baker, NMFS, Southeast Regional Office (3) the original data available when the been conducted. at 727–824–5312; or Marta Nammack, species was listed, or the interpretation NMFS, Office of Protected Resources at of such data, was in error. Biology We initiated a 5–year review for the 301–713–1401.