Endangered and Threatened Wildlife and Plants; Adding Four Marine Taxa to the List of Endangered and Threatened Wildlife, 16284-16286 [E7-6188]
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16284
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
629(1) of the Appropriations Act
amends section 202(c) of the
Telecommunications Act of 1996
(‘‘Telecommunications Act’’) to direct
the Commission to modify the national
television ownership limit, contained in
section 73.3555 of the Commission’s
rules,2 to specify 39 percent as the
maximum aggregate national audience
reach of any single television station
owner.3 The Appropriations Act also
adds to the Telecommunications Act a
new section 202(c)(3), which states:
(3) DIVESTITURE—A person or entity that
exceeds the 39 percent national audience
reach limitation for television stations in
paragraph (1)(B) through grant, transfer, or
assignment of an additional license for a
commercial television broadcast station shall
have not more than 2 years after exceeding
such limitation to come into compliance with
such limitation. This divestiture requirement
shall not apply to persons or entities that
exceed the 39 percent national audience
reach limitation through population growth.4
With this Order, the Commission
conforms its rules to these provisions.
Section 73.3555(d) will be redesignated
as section 73.3555(e), section
73.3555(e)(1) is revised to reflect the
changes directed by section 202(c)(1) of
the Telecommunications Act, as
amended by the Appropriations Act,
and a new section 73.3555(e)(3) is
added to reflect section 202(c)(3).5
These changes are set forth in the rule
changes section of this summary.6
2 47
CFR 73.3555.
U.S.C. 202(c)(1). Prior to passage of the
Appropriations Act, Section 202(c)(1) of the
Telecommunications Act established a national
television ownership reach limit of 35 percent,
which was incorporated in Section 73.3555(e) of the
Commission’s rules. In the 2002 biennial ownership
proceeding, the Commission raised the national
television ownership limit from 35 percent to 45
percent. 2002 Biennial Regulatory Review, 68 FR
46286, August 5, 2003 (‘‘2002 Biennial Report and
Order’’), aff’d in part, remanded in part,
Prometheus Radio Project v. FCC, 373 F.3d 372 (3rd
Cir. 2004) (‘‘Prometheus Order’’), cert. denied, 13
U.S.L.W. 3466 (June 13, 2005). The rule changes
adopted in the biennial ownership proceeding were
stayed, however, by the U.S. Court of Appeals for
the Third Circuit and, except for a partial lifting of
the stay with respect to the local radio ownership
rules, remain stayed pending further judicial action.
Prometheus Radio Project, et al. v. FCC, No. 03–
3388 (Sept. 3, 2003) (order granting stay);
Prometheus Radio Project v. FCC, No. 03–3388 (3rd
Cir. Sept. 3, 2004) (order partially lifting stay).
3 47
4 47
U.S.C. 202(c)(3).
2003, the Commission’s 2002 Biennial Report
and Order eliminated the radio-television crossownership rule, formerly found at 47 CFR
73.3555(c). As a result, the national television
ownership rule was renumbered from 47 CFR
73.3555(e)(1) to 47 CFR 73.3555(d)(1). However, the
rules adopted in the 2002 Biennial Report and
Order, and published in the CFR, were stayed by
a court and did not go into effect. However, after
the stay was applied, the new 39 percent cap was
promulgated pursuant to the Appropriations Act.
6 The current broadcast attribution rules set forth
in the notes to Section 73.3555 would continue to
apply to the national television ownership rule as
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2. The Commission is revising its
rules without providing prior public
notice and an opportunity for comment
because the rule modifications are
mandated by the applicable provisions
of the Appropriations Act and
Telecommunications Act. The
Commission finds that notice and
comment procedures are unnecessary,
and that this action therefore falls
within the ‘‘good cause’’ exception of
the Administrative Procedure Act.7 The
rule changes adopted in this Order do
not involve discretionary action on the
part of the Commission. Rather, they
simply implement provisions of the
Appropriations Act, as it amends the
Telecommunications Act, which directs
the Commission to revise its rules
according to specific terms set forth in
those laws.
Ordering Clauses
3. Accordingly, it is ordered that
pursuant to section 629 of the
Consolidated Appropriations Act, 2004,
and section 202(c)(1) of the
Telecommunications Act of 1996, as
amended, and sections 4(i) and 303(r) of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), Part
73 of the Commission’s Rules, 47 CFR
part 73, is amended. The rule change
will become effective May 4, 2007.8
4. The Commission will send a copy
of this Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
Part 73 of Title 47 of the Code of
Federal Regulations is amended to read
as follows:
I
Congress did not indicate any intent that the
Commission alter them in this proceeding. The
statute directs the Commission to change the
audience reach limit to 39 percent and add the new
divestiture provision. Neither the statute nor the
legislative history indicate that Congress intended
that we make any other changes to the national
television ownership rule in this proceeding.
7 See 5 U.S.C. 553(b)(B) (notice requirements
inapplicable ‘‘when the agency for good cause finds
* * * that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the
public interest’’); Metzenbaum v. Federal Energy
Regulatory Commission, 675 F.2d 1282, 1291 (D.C.
Cir. 1982) (agency orders that were
nondiscretionary ministerial actions issued in
conformity with statute were properly issued
without notice and comment).
8 See 5 U.S.C. 553(d).
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PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334, and
336.
2. Section 73.3555 is amended by
redesignating paragraphs (d) and (e) as
paragraphs (e) and (f), add and reserve
paragraph (d) and revise paragraph
(e)(1) and add paragraph (e)(3) to read
as follows:
*
*
*
*
*
I
§ 73.3555
Multiple ownership.
*
*
*
*
*
(e) * * *
National television multiple
ownership rule. (1) No license for a
commercial television broadcast station
shall be granted, transferred or assigned
to any party (including all parties under
common control) if the grant, transfer or
assignment of such license would result
in such party or any of its stockholders,
partners, members, officers or directors
having a cognizable interest in
television stations which have an
aggregate national audience reach
exceeding thirty-nine (39) percent.
*
*
*
*
*
(3) Divestiture. A person or entity that
exceeds the thirty-nine (39) percent
national audience reach limitation for
television stations in paragraph (e)(1) of
this section through grant, transfer, or
assignment of an additional license for
a commercial television broadcast
station shall have not more than 2 years
after exceeding such limitation to come
into compliance with such limitation.
This divestiture requirement shall not
apply to persons or entities that exceed
the 39 percent national audience reach
limitation through population growth.
*
*
*
*
*
[FR Doc. E7–6162 Filed 4–3–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AV16
Endangered and Threatened Wildlife
and Plants; Adding Four Marine Taxa
to the List of Endangered and
Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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04APR1
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are adding
four marine taxa to the List of
Endangered and Threatened Wildlife
(List) in accordance with the
Endangered Species Act of 1973, as
amended. 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. These four
taxa are the Southern Distinct
Population Segment (DPS) of green
sturgeon (Acipenser medirostris),
staghorn (Acropora cervicornis) and
elkhorn (Acropora palmata) corals, and
the Southern Resident killer whale DPS
(Orcinus orca).
DATES: This rule is effective April 4,
2007.
Applicability dates: The Southern
DPS of the North American green
sturgeon (Acipenser medirostris) listing
is applicable as of June 6, 2006. The
elkhorn coral (Acropora palmata) and
staghorn coral (Acropora cervicornis)
listing is applicable as of June 8, 2006.
The Southern Resident killer whale DPS
(Orcinus orca) listing is applicable as of
February 16, 2006.
FOR FURTHER INFORMATION CONTACT:
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:
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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 Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), 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 April 6, 2005, NMFS published a
proposed rule (70 FR 17386) to list the
Southern DPS of the North American
green sturgeon (Acipenser medirostris)
as threatened. During the public
comment period for that proposed rule,
NMFS received 32 comments. On April
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7, 2006, NMFS published a final rule to
list the Southern DPS of the North
American green sturgeon as threatened
(71 FR 17757). The listing was effective
as of June 6, 2006. In that final rule,
NMFS addressed all public comments
received in response to the proposed
rule.
On May 9, 2005, NMFS published a
proposed rule (70 FR 24359) to list the
elkhorn coral (Acropora palmata) and
staghorn coral (Acropora cervicornis) as
threatened. During the public comment
period for that proposed rule, NMFS
received 1,393 comments. On May 9,
2006, NMFS published a final rule to
list the elkhorn and staghorn corals as
threatened (71 FR 26852). The listing
was effective as of June 8, 2006. In that
final rule, NMFS addressed all public
comments received in response to the
proposed rule.
On December 22, 2004, NMFS
published a proposed rule (69 FR
76673) to list the Southern Resident
killer whale DPS (Orcinus orca) as
threatened. During the public comment
period for that proposed rule, NMFS
received 1,326 comments. On November
18, 2005, NMFS published a final rule
to list the Southern Resident killer
whale DPS as threatened (70 FR 69903).
The listing was effective as of February
16, 2006. In that final rule, NMFS
addressed all public comments received
in response to the proposed rule.
Because NMFS provided a public
comment period on the proposed rules
for these taxa, and because this action
of the Service to amend the List in
accordance with the determination by
NMFS is nondiscretionary, the Service
finds good cause that the notice and
public comment procedures of 5 U.S.C.
553(b) are unnecessary for this action.
We also find good cause under 5 U.S.C.
553(d)(3) to make this rule effective
immediately. The NMFS rules extended
protection under the Act to these
species and listed them in 50 CFR part
224; this rule is an administrative action
to add the species to the List of
Endangered and Threatened Species in
50 CFR 17.11(h). The public would not
be served by delaying the effective date
of this rulemaking action.
For more information concerning
these two listing determinations, please
consult the respective rules published
in the Federal Register.
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16285
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,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, is amended as set forth
below:
I
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
I
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(h) by:
a. Adding the subheading ‘‘CORALS’’
at the end of the table; and
I b. Adding the following entries, in
alphabetical order under MAMMALS,
FISHES, and CORALS, respectively, to
the List of Endangered and Threatened
Wildlife:
I
I
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
E:\FR\FM\04APR1.SGM
04APR1
*
*
16286
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
Species
Common name
Scientific name
Historic
range
Vertebrate population where endangered or threatened
*
Orcinus orca ...........
*
Pacific Ocean .........
*
Southern Resident
DPS, which consists of whales
from the J, K, and
L pods, wherever
they are found in
the wild.
Status
When
listed
Critical
habitat
Special
rules
MAMMALS
*
Whale, killer .............
*
FISHES
*
*
Sturgeon, North
America green.
*
E
*
756
*
*
*
T
*
756
*
*
N/A ..........................
T
756
NA
NA
N/A ..........................
T
756
NA
NA
*
*
Acipenser
medirostris.
*
*
U.S.A. (CA) .............
*
CORALS
Coral, elkhorn ..........
*
Acropora palmata ...
Coral, staghorn ........
Acropora cervicornis
*
U.S.A. (CA) Southern Distinct Population Segment,
which includes all
spawning populations south of
the Eel River (exclusive), principally including
the Sacramento
River spawning
population.
*
*
U.S.A. (FL, PR, VI,
Navassa); and
wider CaribbeanBelize, Colombia,
Costa Rica, Guatemala, Honduras,
Mexico, Nicaragua, Panama,
Venezuela, and
all the islands of
the West Indies.
U.S.A. (FL, PR, VI,
Navassa); and
wider CaribbeanBelize, Colombia,
Costa Rica, Guatemala, Honduras,
Mexico, Nicaragua, Panama,
Venezuela, and
all the islands of
the West Indies.
Dated: March 23, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E7–6188 Filed 4–3–07; 8:45 am]
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NA
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NA
*
]]>Agencies
[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16284-16286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AV16
Endangered and Threatened Wildlife and Plants; Adding Four Marine
Taxa to the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 16285]]
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are adding
four marine taxa to the List of Endangered and Threatened Wildlife
(List) in accordance with the Endangered Species Act of 1973, as
amended. 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. These four taxa are
the Southern Distinct Population Segment (DPS) of green sturgeon
(Acipenser medirostris), staghorn (Acropora cervicornis) and elkhorn
(Acropora palmata) corals, and the Southern Resident killer whale DPS
(Orcinus orca).
DATES: This rule is effective April 4, 2007.
Applicability dates: The Southern DPS of the North American green
sturgeon (Acipenser medirostris) listing is applicable as of June 6,
2006. The elkhorn coral (Acropora palmata) and staghorn coral (Acropora
cervicornis) listing is applicable as of June 8, 2006. The Southern
Resident killer whale DPS (Orcinus orca) listing is applicable as of
February 16, 2006.
FOR FURTHER INFORMATION CONTACT: 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 Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), 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 April 6, 2005, NMFS published a proposed rule (70 FR 17386) to
list the Southern DPS of the North American green sturgeon (Acipenser
medirostris) as threatened. During the public comment period for that
proposed rule, NMFS received 32 comments. On April 7, 2006, NMFS
published a final rule to list the Southern DPS of the North American
green sturgeon as threatened (71 FR 17757). The listing was effective
as of June 6, 2006. In that final rule, NMFS addressed all public
comments received in response to the proposed rule.
On May 9, 2005, NMFS published a proposed rule (70 FR 24359) to
list the elkhorn coral (Acropora palmata) and staghorn coral (Acropora
cervicornis) as threatened. During the public comment period for that
proposed rule, NMFS received 1,393 comments. On May 9, 2006, NMFS
published a final rule to list the elkhorn and staghorn corals as
threatened (71 FR 26852). The listing was effective as of June 8, 2006.
In that final rule, NMFS addressed all public comments received in
response to the proposed rule.
On December 22, 2004, NMFS published a proposed rule (69 FR 76673)
to list the Southern Resident killer whale DPS (Orcinus orca) as
threatened. During the public comment period for that proposed rule,
NMFS received 1,326 comments. On November 18, 2005, NMFS published a
final rule to list the Southern Resident killer whale DPS as threatened
(70 FR 69903). The listing was effective as of February 16, 2006. In
that final rule, NMFS addressed all public comments received in
response to the proposed rule.
Because NMFS provided a public comment period on the proposed rules
for these taxa, and because this action of the Service to amend the
List in accordance with the determination by NMFS is nondiscretionary,
the Service finds good cause that the notice and public comment
procedures of 5 U.S.C. 553(b) are unnecessary for this action. We also
find good cause under 5 U.S.C. 553(d)(3) to make this rule effective
immediately. The NMFS rules extended protection under the Act to these
species and listed them in 50 CFR part 224; this rule is an
administrative action to add the species to the List of Endangered and
Threatened Species in 50 CFR 17.11(h). The public would not be served
by delaying the effective date of this rulemaking 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, Exports, Imports, 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(h) by:
0
a. Adding the subheading ``CORALS'' at the end of the table; and
0
b. Adding the following entries, in alphabetical order under MAMMALS,
FISHES, and CORALS, respectively, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 16286]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
MAMMALS
* * * * * * *
Whale, killer.................... Orcinus orca........ Pacific Ocean...... Southern Resident E 756 NA NA
DPS, which
consists of whales
from the J, K, and
L pods, wherever
they are found in
the wild.
* * * * * * *
FISHES
* * * * * * *
Sturgeon, North America green.... Acipenser U.S.A. (CA)........ U.S.A. (CA) T 756 NA NA
medirostris. Southern Distinct
Population
Segment, which
includes all
spawning
populations south
of the Eel River
(exclusive),
principally
including the
Sacramento River
spawning
population.
* * * * * * *
CORALS
Coral, elkhorn................... Acropora palmata.... U.S.A. (FL, PR, VI, N/A................ T 756 NA NA
Navassa); and
wider Caribbean-
Belize, Colombia,
Costa Rica,
Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
Coral, staghorn.................. Acropora cervicornis U.S.A. (FL, PR, VI, N/A................ T 756 NA NA
Navassa); and
wider Caribbean-
Belize, Colombia,
Costa Rica,
Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 23, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E7-6188 Filed 4-3-07; 8:45 am]
BILLING CODE 4310-55-P
