Endangered and Threatened Wildlife and Plants; Addition of White Abalone and the United States Distinct Vertebrate Population Segment of the Smalltooth Sawfish to the List of Endangered and Threatened Wildlife, 69464-69466 [05-22624]
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69464
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations
requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the
Agency has determined that this action
will not have a substantial direct effect
on States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VerDate Aug<31>2005
11:21 Nov 15, 2005
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IX. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Parts per
million
Commodity
Bermudagrass,
forage ............
Bermudagrass,
hay ................
Cattle, fat ..........
Cattle, meat ......
Cattle, meat byproducts ........
Goat, fat ............
Goat, meat ........
Goat, meat byproducts ........
Horse, fat ..........
Horse, meat ......
Horse, meat byproducts ........
Milk ...................
Sheep, fat .........
Sheep, meat .....
Sheep, meat byproducts ........
*
*
*
Expiration/
revocation
date
11
40
0.04
0.02
12/31/09
12/31/09
12/31/09
0.50
0.04
0.02
12/31/09
12/31/09
12/31/09
0.50
0.04
0.02
12/31/09
12/31/09
12/31/09
0.50
0.02
0.04
0.02
12/31/09
12/31/09
12/31/09
12/31/09
0.50
*
12/31/09
12/31/09
*
[FR Doc. 05–22699 Filed 11–15–05; 8:45 am]
Dated: November 7, 2005.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
BILLING CODE 6560–50–S
Therefore, 40 CFR chapter I is
amended as follows:
Fish and Wildlife Service
I
50 CFR Part 17
PART 180—AMENDED
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.552 is amended by
adding text to paragraph (b) to read as
follows:
I
§ 180.552 Sulfosulfuron; pesticide
tolerances.
* * * * *
(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for the combined residues of the
herbicide sulfosulfuron, 1-(4,6dimethoxypyrimidin-2-yl)-3-[(2ethanesulfonyl-imidazo[1,2-a]pyridine3-yl)sulfonyl]urea and metabolites
converted to 2-(ethylsulfonyl)imidazo[1,2-a]pyridine (calculated as
sulfosulfuron) in connection with use of
the pesticide under section 18
emergency exemptions granted by EPA.
The tolerances are specified in the
following table. The tolerances will
expire on the dates specified in the
table.
Parts per
million
Commodity
Bahiagrass, forage ................
Bahiagrass, hay
PO 00000
Frm 00044
Fmt 4700
DEPARTMENT OF THE INTERIOR
11
40
Sfmt 4700
Expiration/
revocation
date
12/31/09
12/31/09
Endangered and Threatened Wildlife
and Plants; Addition of White Abalone
and the United States Distinct
Vertebrate Population Segment of the
Smalltooth Sawfish to the List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), are adding two marine
taxa to the List of Endangered and
Threatened Wildlife (List) in accordance
with the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.) (Act). These two taxa are the white
abalone (Haliotis sorenseni) and the
United States Distinct Vertebrate
Population Segment (DPS) of the
smalltooth sawfish (Pristis pectinata).
These amendments are based on
previously published determinations by
the National Marine Fisheries Service
(NMFS), National Oceanic and
Atmospheric Administration,
Department of Commerce, which has
jurisdiction for these species.
DATES: Effective date: This rule is
effective November 16, 2005.
Applicability dates: The white
abalone listing is applicable as of June
28, 2001. The United States DPS of the
E:\FR\FM\16NOR1.SGM
16NOR1
69465
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations
smalltooth sawfish listing is applicable
as of May 1, 2003.
FOR FURTHER INFORMATION CONTACT:
Marjorie Nelson, Branch of Listing,
Endangered Species Program, U.S. Fish
and Wildlife Service, 4401 N. Fairfax
Drive, Mail Stop 420, Arlington,
Virginia 22203 (703/358–2105).
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act and the
Reorganization Plan No. 4 of 1970,
NMFS has jurisdiction over these taxa.
Under section 4(a)(2) of the Act, NMFS
must decide whether a species under its
jurisdiction should be classified as
endangered or threatened. The Service
is responsible for the actual amendment
of the List in 50 CFR 17.11(h).
On May 5, 2000, NMFS published a
proposed rule (65 FR 26167) to list the
white abalone as endangered. During
the public comment period for that
proposed rule, NMFS received nine
written comments. On May 29, 2001,
NMFS published a final rule to list the
white abalone as endangered (66 FR
29046). The listing was effective as of
June 28, 2001. In that final rule, NMFS
addressed all public comments received
in response to the proposed rule.
On April 16, 2001, NMFS published
a proposed rule to list the smalltooth
sawfish as endangered on (66 FR
19414). During the 60-day public
comment period, NMFS received 12
written comments on the proposed rule.
On April 1, 2003, NMFS published a
final rule to list the DPS of smalltooth
sawfish in the United States as an
endangered species (68 FR 15674). The
listing was effective as of May 1, 2003.
In that final rule, NMFS addressed all
comments received in response to the
proposed rule.
Because NMFS provided a public
comment period on the proposed rules
for these two taxa, and because this
action of the Service to amend the List
in accordance with the determination by
NMFS is nondiscretionary, the Service
has omitted the notice and public
comment procedures of 5 U.S.C. 553(b)
for this action.
For more information concerning
these two listing determinations, please
consult the respective rules published
in the Federal Register.
Reduction Act of 1995 and found it to
contain no information collection
requirements. We may not conduct or
sponsor, and you are not required to
respond to, a collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number.
Required Determinations
PART 17—[AMENDED]
National Environmental Policy Act
The Service has determined that an
Environmental Assessment, as defined
under the authority of the National
Environmental Policy Act of 1969, need
not be prepared in connection with
regulations adopted pursuant to section
4(a) of the Act. A notice outlining the
Service’s reasons for this determination
was published in the Federal Register
on October 25, 1983 (48 FR 49244).
I
Paperwork Reduction Act
The Service has examined this
regulation under the Paperwork
Species
Vertebrate population where endangered or threatened
Historic range
Common name
*
FISHES
*
*
Sawfish, smalltooth ..
*
CLAMS
VerDate Aug<31>2005
*
*
Pristis pectinata ......
*
*
Abalone, white .........
*
Scientific name
*
North Atlantic (Mediterranean, U.S.
Atlantic and Gulf
of Mexico) and
the Southwest Atlantic.
*
*
Haliotis sorenseni ...
*
12:21 Nov 15, 2005
*
*
Jkt 208001
PO 00000
Accordingly, part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, is amended as set forth
below:
I
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500, unless otherwise noted.
2. Amend § 17.11 by adding the
following, in alphabetical order under
FISHES and CLAMS, respectively, to
the List of Endangered and Threatened
Wildlife:
I
§ 17.11 Endangered and threatened
wildlife.
*
Status
*
*
(h) * * *
*
When listed
Sfmt 4700
*
E
*
748
*
748
*
Critical
habitat
*
*
T
*
*
*
*
NA ...........................
Fmt 4700
Regulation Promulgation
*
*
U.S.A. (Gulf of Mexico from Texas to
Florida and along
the east coast
from Florida to
Cape Hatteras).
*
Frm 00045
Endangered and threatened species,
Export, Import, Reporting and
recordkeeping requirements,
Transportation.
*
*
*
North America
(West coast from
Point Conception,
CA, U.S.A., to
Punta Abreojos,
Baja California,
Mexico).
List of Subjects in 50 CFR Part 17
E:\FR\FM\16NOR1.SGM
16NOR1
Special
rules
*
*
NA
NA
*
*
NA
NA
*
69466
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations
Dated: September 15, 2005.
Marshall P. Jones, Jr.,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 05–22624 Filed 11–15–05; 8:45 am]
BILLING CODE 3510–22–P
VerDate Aug<31>2005
11:21 Nov 15, 2005
Jkt 208001
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69464-69466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22624]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Addition of White
Abalone and the United States Distinct Vertebrate Population Segment of
the Smalltooth Sawfish to the List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), are adding two
marine taxa to the List of Endangered and Threatened Wildlife (List) in
accordance with the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (Act). These two taxa are the white abalone
(Haliotis sorenseni) and the United States Distinct Vertebrate
Population Segment (DPS) of the smalltooth sawfish (Pristis pectinata).
These amendments are based on previously published determinations by
the National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Department of Commerce, which has
jurisdiction for these species.
DATES: Effective date: This rule is effective November 16, 2005.
Applicability dates: The white abalone listing is applicable as of
June 28, 2001. The United States DPS of the
[[Page 69465]]
smalltooth sawfish listing is applicable as of May 1, 2003.
FOR FURTHER INFORMATION CONTACT: Marjorie Nelson, Branch of Listing,
Endangered Species Program, U.S. Fish and Wildlife Service, 4401 N.
Fairfax Drive, Mail Stop 420, Arlington, Virginia 22203 (703/358-2105).
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act and the Reorganization Plan No. 4 of
1970, NMFS has jurisdiction over these taxa. Under section 4(a)(2) of
the Act, NMFS must decide whether a species under its jurisdiction
should be classified as endangered or threatened. The Service is
responsible for the actual amendment of the List in 50 CFR 17.11(h).
On May 5, 2000, NMFS published a proposed rule (65 FR 26167) to
list the white abalone as endangered. During the public comment period
for that proposed rule, NMFS received nine written comments. On May 29,
2001, NMFS published a final rule to list the white abalone as
endangered (66 FR 29046). The listing was effective as of June 28,
2001. In that final rule, NMFS addressed all public comments received
in response to the proposed rule.
On April 16, 2001, NMFS published a proposed rule to list the
smalltooth sawfish as endangered on (66 FR 19414). During the 60-day
public comment period, NMFS received 12 written comments on the
proposed rule. On April 1, 2003, NMFS published a final rule to list
the DPS of smalltooth sawfish in the United States as an endangered
species (68 FR 15674). The listing was effective as of May 1, 2003. In
that final rule, NMFS addressed all comments received in response to
the proposed rule.
Because NMFS provided a public comment period on the proposed rules
for these two taxa, and because this action of the Service to amend the
List in accordance with the determination by NMFS is nondiscretionary,
the Service has omitted the notice and public comment procedures of 5
U.S.C. 553(b) for this action.
For more information concerning these two listing determinations,
please consult the respective rules published in the Federal Register.
Required Determinations
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Act. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. We may not conduct or sponsor, and you are not required
to respond to, a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Export, Import, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, part 17, subchapter B of chapter I, title 50 of the Code
of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
0
2. Amend Sec. 17.11 by adding the following, in alphabetical order
under FISHES and CLAMS, respectively, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Sawfish, smalltooth.............. Pristis pectinata... North Atlantic U.S.A. (Gulf of E 748 NA NA
(Mediterranean, Mexico from Texas
U.S. Atlantic and to Florida and
Gulf of Mexico) along the east
and the Southwest coast from Florida
Atlantic. to Cape Hatteras).
* * * * * * *
Clams
* * * * * * *
Abalone, white................... Haliotis sorenseni.. North America (West NA................. T 748 NA NA
coast from Point
Conception, CA,
U.S.A., to Punta
Abreojos, Baja
California,
Mexico).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 69466]]
Dated: September 15, 2005.
Marshall P. Jones, Jr.,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-22624 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-22-P
