Endangered and Threatened Wildlife and Plants; Extension of the Comment Period for Proposed Designation of Critical Habitat for the Arkansas River Basin Population of the Arkansas River Shiner, 21987-21988 [05-8489]
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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the
category of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This rule would
not preempt any State or local laws,
regulations, or policies unless they
present an irreconcilable conflict with
this rule. The Virus-Serum-Toxin Act
does not provide administrative
procedures which must be exhausted
prior to a judicial challenge to the
provisions of this rule.
Paperwork Reduction Act
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 114
Animal biologics, Reporting and
recordkeeping requirements.
Accordingly, we propose to amend 9
CFR part 114 as follows:
PART 114—PRODUCTION
REQUIREMENTS FOR BIOLOGICAL
PRODUCTS
tested at any time during the dating
period, the potency of the product must
not be less than the minimum specified
in the filed Outline of Production.
(b) Prior to licensure, a proposed
expiration dating period for the product
should be determined by assessing the
stability of each of its fractions by
methods acceptable to Animal and Plant
Health Inspection Service. The
proposed dating period must be
confirmed by testing the serials for
potency on multiple occasions
throughout the proposed dating period
beginning at the date of final
formulation specified in the filed
Outline of Production. A report of the
study should be submitted to Animal
and Plant Health Inspection Service for
review and filing and the date of
approval should be specified in section
VI of the filed Outline of Production.
(c) After the product is licensed and
its dating period confirmed, the licensee
or permittee must submit a plan to
monitor the stability of the product and
the suitability of its dating period that
includes regularly testing serials for
potency during and at the end of dating.
(d) Subsequent changes in the dating
period for a product may be granted,
based on the submission of a study to
support a revision of the Outline of
Production.
Done in Washington, DC, this 22nd day of
April 2005.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 05–8516 Filed 4–27–05; 8:45 am]
BILLING CODE 3410–34–P
2. Section 114.12 would be revised to
read as follows:
§ 114.12
serial.
Expiration date required for a
§ 114.13 Determination of the expiration
dating period of a product.
(a) An expiration dating period shall
be assigned to each product. When
VerDate jul<14>2003
15:58 Apr 27, 2005
Jkt 205001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife
and Plants; Extension of the Comment
Period for Proposed Designation of
Critical Habitat for the Arkansas River
Basin Population of the Arkansas
River Shiner
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
extension of the public comment period
for the proposal to designate critical
habitat for the Arkansas River Basin
population of the Arkansas River Shiner
PO 00000
Frm 00005
Fmt 4702
Comments must be submitted
directly to the Service (see ADDRESSES
section) on or before June 17, 2005. Any
comments received after the closing
date may not be considered in the final
determination on the proposal.
ADDRESSES: If you wish to comment,
you may submit your comments and
materials concerning this proposal by
any one of several methods:
1. You may submit written comments
and information to the Field Supervisor,
Oklahoma Ecological Services Office,
U.S. Fish and Wildlife Service, 222
South Houston, Tulsa, Oklahoma
74127–8909.
2. You may hand-deliver written
comments and information to our
Oklahoma Office, at the above address,
or fax your comments to 918–581–7467.
3. You may send your comments by
electronic mail (e-mail) to
r2arshinerch@fws.gov. For directions on
how to submit electronic filing of
comments, see the ‘‘Public Comments
Solicited’’ section.
All comments and materials received,
as well as supporting documentation
used in preparation of this proposed
rule, will be available for public
inspection, by appointment, during
normal business hours at the above
address.
DATES:
Jerry
Brabander, Field Supervisor, Oklahoma
Office (telephone 918–581–7458;
facsimile 918–581–7467).
SUPPLEMENTARY INFORMATION:
Background
50 CFR Part 17
RIN 1018–AT84
Unless otherwise provided for in a
Standard Requirement or filed Outline
of Production, each serial or subserial of
biological product prepared in a
licensed establishment must be given an
expiration date computed from the date
of the initiation of the first potency test.
A licensed biological product shall be
considered worthless under the VirusSerum-Toxin Act subsequent to the
expiration date appearing on the label.
3. Section 114.13 would be revised to
read as follows:
(Notropis girardi) (October 6, 2004; 69
FR 59859). This action will allow all
interested parties an opportunity to
comment on the proposed critical
habitat designation under the
Endangered Species Act of 1973, as
amended.
FOR FURTHER INFORMATION CONTACT:
1. The authority citation for part 114
would continue to read as follows:
Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
2.80, and 371.4.
21987
Sfmt 4702
On October 6, 2004 (69 FR 59859), we
proposed to designate as critical habitat
a total of approximately 2,002
kilometers (1,244 miles) of linear
distance of rivers, including 91.4 meters
(300 feet) of adjacent riparian areas
measured laterally from each bank. This
distance includes areas that we are
proposing to exclude that are discussed
below. The areas that we have
determined to be essential to the
conservation of the Arkansas River
Shiner include portions of the Canadian
River (often referred to as the South
Canadian River) in New Mexico, Texas,
and Oklahoma, the Beaver/North
Canadian River of Oklahoma, the
Cimarron River in Kansas and
Oklahoma, and the Arkansas River in
Arkansas, Kansas, and Oklahoma.
E:\FR\FM\28APP1.SGM
28APP1
21988
Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
In developing this proposal, we
evaluated those lands determined to be
essential to the conservation of the
Arkansas River Shiner to ascertain if
any specific areas would be appropriate
for exclusion from the final critical
habitat designation pursuant to section
4(b)(2) of the Act. On the basis of our
preliminary evaluation, we believe that
the benefits of excluding the Beaver/
North Canadian River of Oklahoma and
the Arkansas River in Arkansas, Kansas,
and Oklahoma, from the final critical
habitat for the Arkansas River Shiner
outweigh the benefits of their inclusion.
The public comment period for the
proposed rule was originally scheduled
to close on April 30, 2005.
On September 30, 2003, in a
complaint brought by the New Mexico
Cattle Growers Association and 16 other
plaintiffs, the U.S. District Court of New
Mexico instructed us to propose critical
habitat by September 30, 2004, and
publish a final rule by September 30,
2005. The proposed rule was signed on
September 30, 2004, and published in
the Federal Register on October 6, 2004
(69 FR 59859). Additional background
information is available in the October
6, 2004, proposed rule.
Critical habitat is defined in section 3
of the Act as the specific areas within
the geographic area occupied by a
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features essential to the conservation of
the species and that may require special
management considerations or
protection; and specific areas outside
the geographic area occupied by a
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species. If the proposed rule is made
final, section 7 of the Act will prohibit
destruction or adverse modification of
critical habitat by any activity funded,
authorized, or carried out by any
Federal agency. Federal agencies
proposing actions affecting areas
designated as critical habitat must
consult with us on the effects of their
proposed actions, pursuant to section
7(a)(2) of the Act.
Section 4 of the Act requires that we
consider economic and other relevant
impacts prior to making a final decision
on what areas to designate as critical
habitat. We are currently developing a
draft economic analysis and draft
environmental assessment for the
proposal to designate certain areas as
critical habitat for the Arkansas River
Shiner and will announce their
availability at a later date. We may
revise the proposal, or its supporting
documents, to incorporate or address
VerDate jul<14>2003
15:58 Apr 27, 2005
Jkt 205001
new information received during the
comment period. In particular, we may
exclude an area from critical habitat if
we determine that the benefits of
excluding the area outweigh the benefits
of including the area as critical habitat,
provided such exclusion will not result
in the extinction of the species.
Pursuant to 50 CFR 424.16(c)(2), we
may extend or reopen a comment period
upon finding that there is good cause to
do so. We are currently developing a
draft economic analysis and draft
environmental assessment for the
proposal and will announce the
availability of those documents and
solicit data and comments from the
public on these draft documents at a
later date. We will also announce
hearing dates concurrently with the
availability of the draft documents.
However, it is our intention to leave the
public comment period open and
uninterrupted until those documents are
available for public consideration and
comment. We believe that allowing the
comment period to close before the full
set of supporting draft analytical
documents is available could result in
hurried and incomplete comments on
our proposed rule and could also
unnecessarily frustrate respondents. We
deem these considerations as sufficient
cause to extend the comment period.
We are required by court order to
complete the final designation of critical
habitat for the Arkansas River Shiner by
September 30, 2005. To meet this date,
all comments on or proposed revisions
to the proposed rule need to be
submitted to us during the comment
period, as extended by this document
(see DATES).
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home address, which
we will honor to the extent allowable by
law. If you wish us to withhold your
name or address, you must state this
request prominently at the beginning of
your comments. However, we will not
consider anonymous comments. To the
extent consistent with applicable law,
we will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received, as
well as supporting documentation used
in preparation of the proposal to
designate critical habitat, will be
available for public inspection, by
appointment, during normal business
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
hours at the Tulsa Ecological Services
Office (see ADDRESSES section).
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: April 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 05–8489 Filed 4–27–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018—AT88
Endangered and Threatened Wildlife
and Plants; Proposed Designation of
Critical Habitat for the Southwestern
Willow Flycatcher
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
availability of draft economic analysis
and draft environmental assessment,
and notice of public hearings.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of the draft economic
analysis and draft environmental
assessment for the proposal to designate
critical habitat for southwestern willow
flycatcher (Empidonax traillii extimus)
under the Endangered Species Act of
1973 (Act), as amended. The draft
economic analysis considers the
potential economic effects of efforts to
protect the southwestern willow
flycatcher and its habitat, collectively
referred to as ‘‘flycatcher conservation
activities.’’ In the case of habitat
conservation, these costs would reflect
the costs associated with the
commitment of resources to comply
with habitat protection measures. The
analysis also addresses how potential
economic impacts are likely to be
distributed and looks retrospectively at
costs that have been incurred since the
date the species was listed. The draft
economic analysis finds that over a 10year time period costs associated with
southwestern willow flycatcher
conservation activities are forecast to
range from $29.2 to $39.5 million per
year. Comments previously submitted
on the October 12, 2004, proposed rule
(69 FR 60706) and the extensions of
comment period published December
13, 2004 (69 FR 72161), or March 31,
2005 (70 FR 16474) need not be
resubmitted as they have been
E:\FR\FM\28APP1.SGM
28APP1
]]>Agencies
[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Proposed Rules]
[Pages 21987-21988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8489]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT84
Endangered and Threatened Wildlife and Plants; Extension of the
Comment Period for Proposed Designation of Critical Habitat for the
Arkansas River Basin Population of the Arkansas River Shiner
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; extension of public comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
extension of the public comment period for the proposal to designate
critical habitat for the Arkansas River Basin population of the
Arkansas River Shiner (Notropis girardi) (October 6, 2004; 69 FR
59859). This action will allow all interested parties an opportunity to
comment on the proposed critical habitat designation under the
Endangered Species Act of 1973, as amended.
DATES: Comments must be submitted directly to the Service (see
ADDRESSES section) on or before June 17, 2005. Any comments received
after the closing date may not be considered in the final determination
on the proposal.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of several methods:
1. You may submit written comments and information to the Field
Supervisor, Oklahoma Ecological Services Office, U.S. Fish and Wildlife
Service, 222 South Houston, Tulsa, Oklahoma 74127-8909.
2. You may hand-deliver written comments and information to our
Oklahoma Office, at the above address, or fax your comments to 918-581-
7467.
3. You may send your comments by electronic mail (e-mail) to
r2arshinerch@fws.gov. For directions on how to submit electronic filing
of comments, see the ``Public Comments Solicited'' section.
All comments and materials received, as well as supporting
documentation used in preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jerry Brabander, Field Supervisor,
Oklahoma Office (telephone 918-581-7458; facsimile 918-581-7467).
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2004 (69 FR 59859), we proposed to designate as
critical habitat a total of approximately 2,002 kilometers (1,244
miles) of linear distance of rivers, including 91.4 meters (300 feet)
of adjacent riparian areas measured laterally from each bank. This
distance includes areas that we are proposing to exclude that are
discussed below. The areas that we have determined to be essential to
the conservation of the Arkansas River Shiner include portions of the
Canadian River (often referred to as the South Canadian River) in New
Mexico, Texas, and Oklahoma, the Beaver/North Canadian River of
Oklahoma, the Cimarron River in Kansas and Oklahoma, and the Arkansas
River in Arkansas, Kansas, and Oklahoma.
[[Page 21988]]
In developing this proposal, we evaluated those lands determined to
be essential to the conservation of the Arkansas River Shiner to
ascertain if any specific areas would be appropriate for exclusion from
the final critical habitat designation pursuant to section 4(b)(2) of
the Act. On the basis of our preliminary evaluation, we believe that
the benefits of excluding the Beaver/North Canadian River of Oklahoma
and the Arkansas River in Arkansas, Kansas, and Oklahoma, from the
final critical habitat for the Arkansas River Shiner outweigh the
benefits of their inclusion. The public comment period for the proposed
rule was originally scheduled to close on April 30, 2005.
On September 30, 2003, in a complaint brought by the New Mexico
Cattle Growers Association and 16 other plaintiffs, the U.S. District
Court of New Mexico instructed us to propose critical habitat by
September 30, 2004, and publish a final rule by September 30, 2005. The
proposed rule was signed on September 30, 2004, and published in the
Federal Register on October 6, 2004 (69 FR 59859). Additional
background information is available in the October 6, 2004, proposed
rule.
Critical habitat is defined in section 3 of the Act as the specific
areas within the geographic area occupied by a species, at the time it
is listed in accordance with the Act, on which are found those physical
or biological features essential to the conservation of the species and
that may require special management considerations or protection; and
specific areas outside the geographic area occupied by a species at the
time it is listed, upon a determination that such areas are essential
for the conservation of the species. If the proposed rule is made
final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting areas designated as critical habitat must consult with us on
the effects of their proposed actions, pursuant to section 7(a)(2) of
the Act.
Section 4 of the Act requires that we consider economic and other
relevant impacts prior to making a final decision on what areas to
designate as critical habitat. We are currently developing a draft
economic analysis and draft environmental assessment for the proposal
to designate certain areas as critical habitat for the Arkansas River
Shiner and will announce their availability at a later date. We may
revise the proposal, or its supporting documents, to incorporate or
address new information received during the comment period. In
particular, we may exclude an area from critical habitat if we
determine that the benefits of excluding the area outweigh the benefits
of including the area as critical habitat, provided such exclusion will
not result in the extinction of the species.
Pursuant to 50 CFR 424.16(c)(2), we may extend or reopen a comment
period upon finding that there is good cause to do so. We are currently
developing a draft economic analysis and draft environmental assessment
for the proposal and will announce the availability of those documents
and solicit data and comments from the public on these draft documents
at a later date. We will also announce hearing dates concurrently with
the availability of the draft documents. However, it is our intention
to leave the public comment period open and uninterrupted until those
documents are available for public consideration and comment. We
believe that allowing the comment period to close before the full set
of supporting draft analytical documents is available could result in
hurried and incomplete comments on our proposed rule and could also
unnecessarily frustrate respondents. We deem these considerations as
sufficient cause to extend the comment period.
We are required by court order to complete the final designation of
critical habitat for the Arkansas River Shiner by September 30, 2005.
To meet this date, all comments on or proposed revisions to the
proposed rule need to be submitted to us during the comment period, as
extended by this document (see DATES).
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
If you wish us to withhold your name or address, you must state this
request prominently at the beginning of your comments. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Comments and materials received, as well as supporting
documentation used in preparation of the proposal to designate critical
habitat, will be available for public inspection, by appointment,
during normal business hours at the Tulsa Ecological Services Office
(see ADDRESSES section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: April 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8489 Filed 4-27-05; 8:45 am]
BILLING CODE 4310-55-P
