Endangered and Threatened Wildlife and Plants; Removing the Bald Eagle in the Lower 48 States From the List of Endangered and Threatened Wildlife; Extension of Public Comment Period, 28293 [06-4606]

Download as PDF cprice-sewell on PROD1PC66 with PROPOSALS Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Proposed Rules proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ ((62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, VerDate Aug<31>2005 15:12 May 15, 2006 Jkt 208001 Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 27, 2006. Wayne Nastri, Regional Administrator, Region IX. [FR Doc. E6–7411 Filed 5–15–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AF21 Endangered and Threatened Wildlife and Plants; Removing the Bald Eagle in the Lower 48 States From the List of Endangered and Threatened Wildlife; Extension of Public Comment Period AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; extension of comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (the Service) are extending the comment for the proposed rule re-opening the public comment period on the proposal to remove the bald eagle from the List of Threatened and Endangered Wildlife under the Endangered Species Act. We are also extending the comment period on the proposed rule to establish a regulatory definition of ‘‘disturb’’ under the Bald and Golden Eagle Protection Act, and on the draft National Bald Eagle Management Guidelines via two additional notices published separately in today’s issue of the Federal Register. Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final decision and rule. DATES: The public comment period is extended to June 19, 2006. Any comments received after the closing date may not be considered in the final decision on the proposal. ADDRESSES: You may submit comments and other information, identified by RIN 1018-AF21, by any of the following methods: • Mail: Michelle Morgan, Chief, Branch of Recovery and Delisting, Endangered Species Program, U.S. Fish and Wildlife Service, Headquarters Office, 4401 N. Fairfax Drive, Room 420, Arlington, Virginia 22203. Attn: RIN 1018–AF21. • Hand Delivery/Courier: Same address as above. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 28293 • E-mail: baldeagledelisting@fws.gov. Include ‘‘RIN 1018–AF21’’ in the subject line of the message. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Comments and materials received for this rule will be available for public inspection, by appointment, during normal business hours at the above address after the close of the comment period. Call (703) 358–2061 to make arrangements. FOR FURTHER INFORMATION CONTACT: Mary Klee, Biologist, at the Headquarters Office (see ADDRESSES section), or via e-mail at Mary_Klee@fws.gov; telephone (703) 358–2061. SUPPLEMENTARY INFORMATION: Background On February 16, 2006, the U.S. Fish and Wildlife Service (Service) published a re-opening of the comment period on our proposal to remove the bald eagle in the 48 contiguous States from the List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.) (71 FR 8238). In anticipation of possible removal (delisting) of the bald eagle from the list of threatened and endangered species under the ESA, the Service concurrently proposed two other related actions: (1) A notice of availability of draft National Bald Eagle Management Guidelines (71 FR 8309, February 16, 2006); and (2) a proposed regulatory definition of ‘‘disturb’’ under the Bald and Golden Eagle Protection Act (BGEPA) to guide post-delisting bald eagle management (71 FR 8265, February 16, 2006). Due to the complexity of these related actions, we are extending the comment period for each action for an additional 30 days. Authority The authority for this action is the Endangered Species Act (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). Dated: May 10, 2006. Marshall P. Jones, Jr., Acting Director, Fish and Wildlife Service. [FR Doc. 06–4606 Filed 5–12–06; 1:17 pm] BILLING CODE 4310–55–P E:\FR\FM\16MYP1.SGM 16MYP1

Agencies

[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Proposed Rules]
[Page 28293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4606]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF21


Endangered and Threatened Wildlife and Plants; Removing the Bald 
Eagle in the Lower 48 States From the List of Endangered and Threatened 
Wildlife; Extension of Public Comment Period

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (the Service) are 
extending the comment for the proposed rule re-opening the public 
comment period on the proposal to remove the bald eagle from the List 
of Threatened and Endangered Wildlife under the Endangered Species Act. 
We are also extending the comment period on the proposed rule to 
establish a regulatory definition of ``disturb'' under the Bald and 
Golden Eagle Protection Act, and on the draft National Bald Eagle 
Management Guidelines via two additional notices published separately 
in today's issue of the Federal Register. Comments previously submitted 
need not be resubmitted as they have been incorporated into the public 
record and will be fully considered in the final decision and rule.

DATES: The public comment period is extended to June 19, 2006. Any 
comments received after the closing date may not be considered in the 
final decision on the proposal.

ADDRESSES: You may submit comments and other information, identified by 
RIN 1018-AF21, by any of the following methods:
     Mail: Michelle Morgan, Chief, Branch of Recovery and 
Delisting, Endangered Species Program, U.S. Fish and Wildlife Service, 
Headquarters Office, 4401 N. Fairfax Drive, Room 420, Arlington, 
Virginia 22203. Attn: RIN 1018-AF21.
     Hand Delivery/Courier: Same address as above.
     E-mail: baldeagledelisting@fws.gov. Include ``RIN 1018-
AF21'' in the subject line of the message.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Comments and materials received for this rule will be available for 
public inspection, by appointment, during normal business hours at the 
above address after the close of the comment period. Call (703) 358-
2061 to make arrangements.

FOR FURTHER INFORMATION CONTACT: Mary Klee, Biologist, at the 
Headquarters Office (see ADDRESSES section), or via e-mail at Mary--
Klee@fws.gov; telephone (703) 358-2061.

SUPPLEMENTARY INFORMATION:

Background

    On February 16, 2006, the U.S. Fish and Wildlife Service (Service) 
published a re-opening of the comment period on our proposal to remove 
the bald eagle in the 48 contiguous States from the List of Endangered 
and Threatened Wildlife under the Endangered Species Act (ESA) (16 
U.S.C. 1531 et seq.) (71 FR 8238). In anticipation of possible removal 
(delisting) of the bald eagle from the list of threatened and 
endangered species under the ESA, the Service concurrently proposed two 
other related actions: (1) A notice of availability of draft National 
Bald Eagle Management Guidelines (71 FR 8309, February 16, 2006); and 
(2) a proposed regulatory definition of ``disturb'' under the Bald and 
Golden Eagle Protection Act (BGEPA) to guide post-delisting bald eagle 
management (71 FR 8265, February 16, 2006). Due to the complexity of 
these related actions, we are extending the comment period for each 
action for an additional 30 days.

Authority

    The authority for this action is the Endangered Species Act (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).

    Dated: May 10, 2006.
Marshall P. Jones, Jr.,
Acting Director, Fish and Wildlife Service.
[FR Doc. 06-4606 Filed 5-12-06; 1:17 pm]
BILLING CODE 4310-55-P
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