Endangered and Threatened Wildlife and Plants; Proposed Rule To Remove the Arizona Distinct Population Segment of the Cactus Ferruginous Pygmy-owl From the Federal List of Endangered and Threatened Wildlife; Proposal To Withdraw the Proposed Rule To Designate Critical Habitat, 53139-53140 [05-17754]
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules
proposed clarifications and
modifications to § 64.4002 of the
Commission’s rules. The proposed
clarifications and modifications are in
the nature of technical corrections to the
Commission’s customer account record
exchange rules that, if adopted, would
not have a significant economic impact
on entities subject to those rules. For
example, the Coalition asserts that its
proposed modification to § 64.4002(d)
would make this provision consistent
with similar notification requirements
adopted in the Order simply by
requiring a LEC to confirm its receipt of
a particular IXC-initiated notification
with an appropriate response. The
Coalition similarly proposes
modifications to §§ 64.4002(e) and (g) to
include within the information
exchanges prescribed by those
subsections, the same standard
categories of information that carriers
routinely must provide in connection
with other notification obligations
adopted in the Order. If the Commission
were to adopt the proposed
modifications and clarifications, we
believe that the compliance burden, and
resulting economic impact on entities
subject thereto, would be de minimus.
Therefore, the Commission certifies for
purposes of the RFA that the proposals
in this document, if adopted, will not
have a significant economic impact on
a substantial number of small entities.
The Commission will send a copy of
this document, including a copy of this
Initial Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the SBA. This initial
certification will also be published in
the Federal Register.
Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer &
Governmental Affairs Bureau.
[FR Doc. 05–17704 Filed 9–6–05; 8:45 am]
BILLING CODE 6712–01–P
change the community of license for
Station KQQK(FM), Channel 300C, from
Beaumont to Dayton, Texas, and
terminates this rulemaking proceeding.
See 65 FR 4401, January 27, 2000. The
withdrawal of the rulemaking petition
complies with Section 1.420(j) of the
Commission’s rules. See also
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
This is a
synopsis of the Commission’s Report
and Order, MM Docket No. 00–9,
adopted August 17, 2005, and released
August 19, 2005. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street, SW., Washington, DC.
The complete text of this decision may
also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20054, telephone
1–800–378–3160 or https://
www.BCPIWEB.com. This document is
not subject to the Congressional Review
Act. (The Commission, is, therefore, not
required to submit a copy of this Report
and Order to GAO, pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) because the proposed rule
was dismissed.
A continuing interest is required
before a channel will be allotted.
Because the rulemaking petition and the
expression of interest in the proposed
allotment at Dayton have been
withdrawn, no allotment at Dayton or
change of community of license will be
made.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 05–17521 Filed 9–6–05; 8:45 am]
47 CFR Part 73
[DA 05–2300, MM Docket No. 00–9, RM–
9526]
BILLING CODE 6712–01–P
Radio Broadcasting Services;
Beaumont and Dayton, TX
Federal Communications
Commission.
ACTION: Proposed rule; dismissal.
AGENCY:
SUMMARY: At the request of Liberman
Broadcasting of Houston License Corp.,
the Audio Division dismisses a
rulemaking petition to reallot and
VerDate Aug<18>2005
15:04 Sep 06, 2005
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53139
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AU22; 1018–AI48
Endangered and Threatened Wildlife
and Plants; Proposed Rule To Remove
the Arizona Distinct Population
Segment of the Cactus Ferruginous
Pygmy-owl From the Federal List of
Endangered and Threatened Wildlife;
Proposal To Withdraw the Proposed
Rule To Designate Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of public
hearing.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce
that we will hold a public hearing (see
DATES and ADDRESSES sections) on our
proposed rule to remove the Arizona
distinct population segment (DPS) of the
cactus ferruginous pygmy-owl
(Glaucidium brasilianum cactorum)
(pygmy-owl) from the Federal List of
Endangered and Threatened Wildlife,
eliminate its currently designated
critical habitat, and to withdraw its
proposed new critical habitat. This
public hearing will allow all interested
parties an opportunity to comment on
our proposed actions.
DATES: Comments must be submitted
directly to the Service (see ADDRESSES)
on or before October 3, 2005, or at the
public hearing. Any comments received
after the closing date may not be
considered in the final determination on
the proposal.
We will hold a public hearing on
September 20, 2005, from 6:30 p.m. to
9 p.m.
ADDRESSES: Public Hearing. The public
hearing will be held in Tuscon, Arizona,
at the Tucson Convention Center,
Apache—Greenlee meeting rooms, 260
South Church Avenue, Tuscon, AZ
85710.
Comments. If you wish to provide
comments/and or information, you may
submit your comments and materials by
any one of several methods:
1. You may submit written comments
and information by mail or handdelivery to the Field Supervisor,
Arizona Ecological Services Field
Office, 2321 W. Royal Palm Road, Suite
103, Phoenix, Arizona 85021.
2. Written comments may be sent by
facsimile to (602) 242–2513.
3. You may send your comments by
electronic mail (e-mail) to:
cfpo_comments@fws.gov.
E:\FR\FM\07SEP1.SGM
07SEP1
53140
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules
For directions on how to submit
electronic comments, as well as
information on requesting reasonable
accommodations to attend the public
hearing, see the ‘‘Public Comments
Solicited’’ section below.
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office
(telephone, 602–242–0210; facsimile,
602–242–2513; or electronic mail,
steve_spangle@fws.gov). Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339, 24 hours a day, 7 days
a week.
SUPPLEMENTARY INFORMATION:
Background
The Arizona DPS of the pygmy-owl
was listed as endangered on March 10,
1997 (62 FR 10730), and critical habitat
was designated on July 12, 1999 (64 FR
37419). On January 9, 2001, a coalition
of plaintiffs filed a lawsuit with the
District Court of Arizona challenging the
validity of our listing of the pygmy-owl
as a DPS and the designation of its
critical habitat. After the District Court
of Arizona remanded the designation of
critical habitat (National Association of
Home Builders et al. v. Norton, Civ.–00–
0903–PHX–SRB), we proposed a new
critical habitat designation on
November 27, 2002 (67 FR 7102).
Ultimately, as a result of this lawsuit,
the United States Court of Appeals for
the Ninth Circuit issued an opinion on
August 19, 2003, stating that ‘‘the FWS
acted arbitrarily and capriciously in
designating the Arizona pygmy-owl
population as a DPS under the DPS
Policy’’ (National Association of Home
Builders v. Norton, 340 F. 3d 835, 852
(9th Cir. 2003)). In making DPS
determinations, we rely upon the
Service’s Policy Regarding the
Recognition of Distinct Vertebrate
Population Segments (DPS Policy) (61
FR 4722).
In light of the Ninth Circuit’s opinion,
we have reassessed the application of
the DPS significance criteria to the
Arizona pygmy-owl. Based on our
assessment, we do not believe that the
available information and science
satisfy the criteria to indicate that
pygmy-owls in Arizona are an entity
that qualifies for listing under the Act.
Accordingly, we published a proposed
rule on August 3, 2005 (70 FR 44547) to
remove the Arizona population of
pygmy-owls from the list in 50 CFR
17.11, remove the critical habitat
designation for this population at 50
CFR 17.95, and withdraw our November
27, 2002, proposed rule to designate
VerDate Aug<18>2005
15:04 Sep 06, 2005
Jkt 205001
new critical habitat. This document
notifies the public that we are holding
a public hearing on our August 3, 2005,
proposed rule (see DATES and
ADDRESSES).
Public Comments Solicited
We intend that any final action
resulting from the proposal will be
based on the best available information.
We have gathered and evaluated new
information related to the pygmy-owl
that has become available since the 1997
listing and are seeking any other pygmyowl information. We will continue to
support surveys of pygmy-owls in
Mexico to further elucidate the status of
the species in Mexico, and to identify
threats to the population.
We are soliciting comments or
suggestions from the public, other
concerned governmental agencies, the
scientific community, industry, or any
other interested party concerning the
proposed rule. Comments should be as
specific as possible. We are particularly
interested in comments concerning:
(1) Biological, genetic, and/or
morphological data related to the
taxonomic classification of the pygmyowl throughout its current range;
(2) The location and characteristics of
any additional populations not
considered in previous work that might
have bearing on the current population
status;
(3) Additional information related to
current versus historical range, current
distribution, genetic diversity, and
population sizes of the Arizona pygmyowl population and its contribution to
the taxon as a whole;
(4) Status of the pygmy-owl in
Mexico, particularly threats to
populations or habitat; and
(5) Information related to
discreteness, significance, and
conservation status of any potential
pygmy-owl DPS.
All previous comments and
information submitted on the proposed
rule need not be resubmitted. We will
take into consideration the comments
and any additional information
received, and such communications
may lead to a final determination that
differs from the proposal.
If you wish to provide comments and/
or information, you may submit your
comments and materials concerning the
proposal by any one of several methods
(see ADDRESSES). Comments submitted
electronically should be in the body of
the e-mail message itself or attached as
a text file (ASCII file format), and
should not use special characters or any
form of encryption. Please also include
‘‘Attn: Cactus Ferruginous Pygmy Owl
Delisting,’’ your full name, and your
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
return address in the body of your email message. If you do not receive a
confirmation from the system that we
have received your e-mail message,
contact us directly by calling our
Arizona Ecological Services Field Office
(see ADDRESSES).
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 addresses from
the rulemaking record, which we will
honor to the extent allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. 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 will
be available for public inspection, by
appointment, during normal business
hours at the Arizona Ecological Services
Field Office (see ADDRESSES).
Persons needing reasonable
accommodations in order to attend and
participate in the public hearing should
contact Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT)
as soon as possible. In order to allow
sufficient time to process requests,
please call no later than one week before
the hearing. Information regarding the
proposal is available in alternative
formats upon request.
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: August 30, 2005.
Kevin R. Adams,
Acting Director, U.S. Fish and Wildlife
Service.
(Endangered and Threatened Wildlife and
Plants; Proposed Rule to Remove the Arizona
Distinct Population Segment of the Cactus
Ferruginous Pygmy-owl From the Federal
List of Endangered and Threatened Wildlife;
Proposal to Withdraw the Proposed Rule to
Designate Critical Habitat and to Remove
Designated Critical Habitat)
[FR Doc. 05–17754 Filed 9–1–05; 5:07 pm]
BILLING CODE 4310–55–P
E:\FR\FM\07SEP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Proposed Rules]
[Pages 53139-53140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17754]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU22; 1018-AI48
Endangered and Threatened Wildlife and Plants; Proposed Rule To
Remove the Arizona Distinct Population Segment of the Cactus
Ferruginous Pygmy-owl From the Federal List of Endangered and
Threatened Wildlife; Proposal To Withdraw the Proposed Rule To
Designate Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
that we will hold a public hearing (see DATES and ADDRESSES sections)
on our proposed rule to remove the Arizona distinct population segment
(DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum
cactorum) (pygmy-owl) from the Federal List of Endangered and
Threatened Wildlife, eliminate its currently designated critical
habitat, and to withdraw its proposed new critical habitat. This public
hearing will allow all interested parties an opportunity to comment on
our proposed actions.
DATES: Comments must be submitted directly to the Service (see
ADDRESSES) on or before October 3, 2005, or at the public hearing. Any
comments received after the closing date may not be considered in the
final determination on the proposal.
We will hold a public hearing on September 20, 2005, from 6:30 p.m.
to 9 p.m.
ADDRESSES: Public Hearing. The public hearing will be held in Tuscon,
Arizona, at the Tucson Convention Center, Apache--Greenlee meeting
rooms, 260 South Church Avenue, Tuscon, AZ 85710.
Comments. If you wish to provide comments/and or information, you
may submit your comments and materials by any one of several methods:
1. You may submit written comments and information by mail or hand-
delivery to the Field Supervisor, Arizona Ecological Services Field
Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, Arizona 85021.
2. Written comments may be sent by facsimile to (602) 242-2513.
3. You may send your comments by electronic mail (e-mail) to:
cfpo_comments@fws.gov.
[[Page 53140]]
For directions on how to submit electronic comments, as well as
information on requesting reasonable accommodations to attend the
public hearing, see the ``Public Comments Solicited'' section below.
FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office (telephone, 602-242-0210;
facsimile, 602-242-2513; or electronic mail, steve_spangle@fws.gov).
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24
hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Background
The Arizona DPS of the pygmy-owl was listed as endangered on March
10, 1997 (62 FR 10730), and critical habitat was designated on July 12,
1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed
a lawsuit with the District Court of Arizona challenging the validity
of our listing of the pygmy-owl as a DPS and the designation of its
critical habitat. After the District Court of Arizona remanded the
designation of critical habitat (National Association of Home Builders
et al. v. Norton, Civ.-00-0903-PHX-SRB), we proposed a new critical
habitat designation on November 27, 2002 (67 FR 7102). Ultimately, as a
result of this lawsuit, the United States Court of Appeals for the
Ninth Circuit issued an opinion on August 19, 2003, stating that ``the
FWS acted arbitrarily and capriciously in designating the Arizona
pygmy-owl population as a DPS under the DPS Policy'' (National
Association of Home Builders v. Norton, 340 F. 3d 835, 852 (9th Cir.
2003)). In making DPS determinations, we rely upon the Service's Policy
Regarding the Recognition of Distinct Vertebrate Population Segments
(DPS Policy) (61 FR 4722).
In light of the Ninth Circuit's opinion, we have reassessed the
application of the DPS significance criteria to the Arizona pygmy-owl.
Based on our assessment, we do not believe that the available
information and science satisfy the criteria to indicate that pygmy-
owls in Arizona are an entity that qualifies for listing under the Act.
Accordingly, we published a proposed rule on August 3, 2005 (70 FR
44547) to remove the Arizona population of pygmy-owls from the list in
50 CFR 17.11, remove the critical habitat designation for this
population at 50 CFR 17.95, and withdraw our November 27, 2002,
proposed rule to designate new critical habitat. This document notifies
the public that we are holding a public hearing on our August 3, 2005,
proposed rule (see DATES and ADDRESSES).
Public Comments Solicited
We intend that any final action resulting from the proposal will be
based on the best available information. We have gathered and evaluated
new information related to the pygmy-owl that has become available
since the 1997 listing and are seeking any other pygmy-owl information.
We will continue to support surveys of pygmy-owls in Mexico to further
elucidate the status of the species in Mexico, and to identify threats
to the population.
We are soliciting comments or suggestions from the public, other
concerned governmental agencies, the scientific community, industry, or
any other interested party concerning the proposed rule. Comments
should be as specific as possible. We are particularly interested in
comments concerning:
(1) Biological, genetic, and/or morphological data related to the
taxonomic classification of the pygmy-owl throughout its current range;
(2) The location and characteristics of any additional populations
not considered in previous work that might have bearing on the current
population status;
(3) Additional information related to current versus historical
range, current distribution, genetic diversity, and population sizes of
the Arizona pygmy-owl population and its contribution to the taxon as a
whole;
(4) Status of the pygmy-owl in Mexico, particularly threats to
populations or habitat; and
(5) Information related to discreteness, significance, and
conservation status of any potential pygmy-owl DPS.
All previous comments and information submitted on the proposed
rule need not be resubmitted. We will take into consideration the
comments and any additional information received, and such
communications may lead to a final determination that differs from the
proposal.
If you wish to provide comments and/or information, you may submit
your comments and materials concerning the proposal by any one of
several methods (see ADDRESSES). Comments submitted electronically
should be in the body of the e-mail message itself or attached as a
text file (ASCII file format), and should not use special characters or
any form of encryption. Please also include ``Attn: Cactus Ferruginous
Pygmy Owl Delisting,'' your full name, and your return address in the
body of your e-mail message. If you do not receive a confirmation from
the system that we have received your e-mail message, contact us
directly by calling our Arizona Ecological Services Field Office (see
ADDRESSES).
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 addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. 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 will be available for public
inspection, by appointment, during normal business hours at the Arizona
Ecological Services Field Office (see ADDRESSES).
Persons needing reasonable accommodations in order to attend and
participate in the public hearing should contact Steve Spangle, Field
Supervisor, Arizona Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT) as soon as possible. In order to allow sufficient
time to process requests, please call no later than one week before the
hearing. Information regarding the proposal is available in alternative
formats upon request.
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: August 30, 2005.
Kevin R. Adams,
Acting Director, U.S. Fish and Wildlife Service.
(Endangered and Threatened Wildlife and Plants; Proposed Rule to
Remove the Arizona Distinct Population Segment of the Cactus
Ferruginous Pygmy-owl From the Federal List of Endangered and
Threatened Wildlife; Proposal to Withdraw the Proposed Rule to
Designate Critical Habitat and to Remove Designated Critical
Habitat)
[FR Doc. 05-17754 Filed 9-1-05; 5:07 pm]
BILLING CODE 4310-55-P
