Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gunnison's Prairie Dog as Threatened or Endangered, 49245-49246 [E7-16941]

Download as PDF Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Proposed Rules et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This rule will have no costs because it merely changes the designation of ten select agents and toxins from being regulated by both HHS and USDA to being regulated solely by HHS. We hereby certify this proposed rule will not have a significant economic impact on a substantial number of small businesses. The Unfunded Mandates Reform Act at 2 U.S.C. 1532 requires that agencies prepare an assessment of anticipated costs and benefits before developing any rule that may result in expenditure by State, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more (adjusted for inflation) in any given year. This proposed rule is not expected to result in any one-year expenditure that would exceed this amount. Executive Order 12988 This Notice of Proposed Rulemaking has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Would preempt all State and local laws and regulations that are inconsistent with this rule; (2) would have no retroactive effect; and (3) would not require administrative proceedings before parties may file suit in court challenging this rule. Executive Order 13132 This Notice of Proposed Rulemaking has been reviewed under Executive Order 13132, Federalism. The notice does not propose any regulation that would preempt State, local, and Indian tribe requirements, or that would have any 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. List of Subjects in 42 CFR Part 73 rwilkins on PROD1PC63 with PROPOSALS-1 Biologics, Incorporation by reference, Packaging and containers, Penalties, Reporting and Recordkeeping requirements, Transportation. Dated: August 17, 2007. Michael O. Leavitt, Secretary. For the reasons stated in the preamble, we are proposing to amend 42 CFR part 73 as follows: VerDate Aug<31>2005 17:17 Aug 27, 2007 PART 73—SELECT AGENTS AND TOXINS Botulinum neurotoxins and Francisella tularensis. 1. The authority citation for part 73 continues to read as follows: § 73.6 Authority: 42 U.S.C. 262a; sections 201– 204, 221 and 231 of Title II of Public Law No. 107–188, 116 Stat. 637 (42 U.S.C. 262a). 2. Amend paragraph (b) of § 73.3 by adding the following entries in alphabetical order and revising the entry for Coccidioides posadasii to read as follows: § 73.3 HHS select agents and toxins. * Unfunded Mandates Jkt 211001 49245 * * * * (b) * * * Botulinum neurotoxins Botulinum neurotoxin producing species of Clostridium * * * * * Clostridium perfringens epsilon toxin Coccidioides posadasii/Coccidioides immitis * * * * * Coxiella burnetii * * * * * Eastern Equine Encephalitis virus * * * * * Francisella tularensis * * * * * Shigatoxin * * * * * Staphylococcal enterotoxins T–2 toxin * * * * * 3. Amend paragraph (d)(3) of § 73.3 by adding the following entries in alphabetical order: 05. mg of Botulinum neurotoxins; 100 mg of Clostridium perfringens epsilon toxin; 100 mg of Shigatoxin; 5 mg of Staphylococcal enterotoxins; or 1,000 mg of T–2 toxin. 4. Amend paragraph (f)(3)(i) of § 73.3 by adding the following entries in alphabetical order: Botulinum neurotoxins and Francisella tularensis. § 73.5 [Amended] 5. Amend paragraph (a)(3)(i) of § 73.5 by adding the following entries in alphabetical order: Botulinum neurotoxins and Francisella tularensis. § 73.4 [Amended] 6. Amend paragraph (b) of § 73.4 by removing the entries for Botulinum neurotoxins, Botulinum neurotoxin producing species of Clostridium, Clostridium perfringens epsilon toxin, Coccidioides immitis, Coxiella burnetii, Eastern Equine Encephalitis virus, Francisella tularensis, Shigatoxin, Staphylococcal enterotoxins, and T–2 toxin. 7. Remove paragraph (d)(3) of § 73.4. 8. Amend paragraph (f)(3)(i) of § 73.4 by removing the following entries: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 [Amended] 9. Amend paragraph (a)(3)(i) of § 73.6 by removing the following entries: Botulinum neurotoxins and Francisella tularensis. [FR Doc. 07–4233 Filed 8–27–07; 8:45 am] BILLING CODE 4163–18–M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gunnison’s Prairie Dog as Threatened or Endangered Fish and Wildlife Service, Interior. ACTION: Notice; initiation of status review and request for new information. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period regarding the status of the Gunnison’s prairie dog (Cynomys gunnisoni) in the contiguous United States. We are initiating this status review under a July 2, 2007, court-approved settlement agreement, in which we agreed to prepare a 12-month finding on a petition to list the species as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, the Gunnison’s prairie dog. DATES: To be considered in the 12month finding, comments must be received on or before October 29, 2007. However, we will accept new scientific and commercial information on the Gunnison’s prairie dog after the official comment period closes. ADDRESSES: If you wish to provide new information, you may submit your comments and materials by any one of the following methods: (1) You may mail or hand-deliver written comments and information to Gunnison’s Prairie Dog Comments, U.S. Fish and Wildlife Service, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506–3946. (2) You may electronic mail (e-mail) your comments to FW6_Gunnison’s_prairie_dog@fws.gov. For directions on how to submit comments by e-mail, see the ‘‘Public E:\FR\FM\28AUP1.SGM 28AUP1 49246 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Proposed Rules Comments Solicited’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Larry Thompson, U.S. Fish and Wildlife Service, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506–3946 (telephone 970–243–2778, extension 39). SUPPLEMENTARY INFORMATION: Public Comments Solicited You may submit your comments and materials concerning this status review by one of two methods (see ADDRESSES). If you use email to submit your comments, please include ‘‘Attn: Gunnison’s prairie dog’’ in your subject header, preferably with your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your e-mail message, please contact us directly by calling our Grand Junction Fish and Wildlife Office at 970–243–2778. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation used in the preparation of this status review will be available for public inspection by appointment, during normal business hours at the Grand Junction Fish and Wildlife Office, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506–3946 (telephone 970–243–2778). rwilkins on PROD1PC63 with PROPOSALS-1 Background On February 23, 2004, the Service received a petition from Forest VerDate Aug<31>2005 17:17 Aug 27, 2007 Jkt 211001 Guardians and 73 other organizations and individuals requesting that the Gunnison’s prairie dog, found in Arizona, Colorado, New Mexico, and Utah, be listed as threatened or endangered, and that critical habitat be designated for the species. Action on this petition was precluded by court orders and settlement agreements for other listing actions that required nearly all of our listing funds for Fiscal Year 2004. On July 29, 2004, we received a 60day notice of intent to sue for failure to complete a finding. On December 7, 2004, an amended complaint for failure to complete a finding for this and other species was filed. We reached a settlement agreement with the plaintiffs, and on February 7, 2006, we published a 90-day finding in the Federal Register (71 FR 6241) determining that the petition did not present substantial scientific information indicating that listing the Gunnison’s prairie dog species may be warranted. On August 17, 2006, Forest Guardians and eight other organizations and individuals provided written notice of their intent to sue regarding the determination in the 90-day finding. On December 13, 2006, the plaintiffs filed a complaint challenging the finding and seeking a Court order requiring issuance of a new positive 90-day finding, and completion of a 12-month finding on the petition to list the Gunnison’s prairie dog. On June 29, 2007, we reached a settlement agreement with the plaintiffs for submittal to the Federal Register of a 12-month finding by February 1, 2008, and the terms and conditions of the agreement were adopted by the court on July 2, 2007. Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires that, for any petition to revise the Lists of Endangered and Threatened Wildlife and Plants (Lists) that contains substantial scientific or commercial information that the petitioned action PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 may be warranted, we make a finding within 12 months of the date of the receipt of the petition on whether the petitioned action is (a) Not warranted, (b) warranted, or (c) warranted, but that the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are threatened or endangered, and we are making expeditious progress to add or remove qualified species from the Lists. We are opening a 60-day comment period to allow all interested parties an opportunity to provide information on the status of the Gunnison’s prairie dog and potential threats to the species. We will base our 12-month finding on a review of the best scientific and commercial information available, including information received as a result of this notice. We are especially seeking any new scientific information regarding the taxonomic status of the Gunnison’s prairie dog; the distribution, population, and status of the Gunnison’s prairie dog in Arizona, Colorado, New Mexico, and Utah, on both local and State-wide scales; and the effects and dynamics of sylvatic plague on the Gunnison’s prairie dog, including its population responses to plague. Author The primary author of this document is staff from the Grand Junction, Colorado U.S. Fish and Wildlife Service office. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: August 21, 2007. Kenneth Stansell, Acting Director, Fish and Wildlife Service. [FR Doc. E7–16941 Filed 8–27–07; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\28AUP1.SGM 28AUP1

Agencies

[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Proposed Rules]
[Pages 49245-49246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16941]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List the Gunnison's Prairie Dog as Threatened or 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; initiation of status review and request for new 
information.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
opening of a public comment period regarding the status of the 
Gunnison's prairie dog (Cynomys gunnisoni) in the contiguous United 
States. We are initiating this status review under a July 2, 2007, 
court-approved settlement agreement, in which we agreed to prepare a 
12-month finding on a petition to list the species as threatened or 
endangered under the Endangered Species Act of 1973, as amended (Act). 
Through this action, we encourage all interested parties to provide us 
information regarding the status of, and any potential threats to, the 
Gunnison's prairie dog.

DATES: To be considered in the 12-month finding, comments must be 
received on or before October 29, 2007. However, we will accept new 
scientific and commercial information on the Gunnison's prairie dog 
after the official comment period closes.

ADDRESSES: If you wish to provide new information, you may submit your 
comments and materials by any one of the following methods:
    (1) You may mail or hand-deliver written comments and information 
to Gunnison's Prairie Dog Comments, U.S. Fish and Wildlife Service, 764 
Horizon Drive, Building B, Grand Junction, Colorado 81506-3946.
    (2) You may electronic mail (e-mail) your comments to FW6--
Gunnison's_prairie_dog@fws.gov. For directions on how to submit 
comments by e-mail, see the ``Public

[[Page 49246]]

Comments Solicited'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Larry Thompson, U.S. Fish and Wildlife 
Service, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506-
3946 (telephone 970-243-2778, extension 39).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    You may submit your comments and materials concerning this status 
review by one of two methods (see ADDRESSES). If you use email to 
submit your comments, please include ``Attn: Gunnison's prairie dog'' 
in your subject header, preferably with your name and return address in 
the body of your message. If you do not receive a confirmation from the 
system that we have received your e-mail message, please contact us 
directly by calling our Grand Junction Fish and Wildlife Office at 970-
243-2778.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Comments and materials we receive, as well as supporting 
documentation used in the preparation of this status review will be 
available for public inspection by appointment, during normal business 
hours at the Grand Junction Fish and Wildlife Office, 764 Horizon 
Drive, Building B, Grand Junction, Colorado 81506-3946 (telephone 970-
243-2778).

Background

    On February 23, 2004, the Service received a petition from Forest 
Guardians and 73 other organizations and individuals requesting that 
the Gunnison's prairie dog, found in Arizona, Colorado, New Mexico, and 
Utah, be listed as threatened or endangered, and that critical habitat 
be designated for the species. Action on this petition was precluded by 
court orders and settlement agreements for other listing actions that 
required nearly all of our listing funds for Fiscal Year 2004.
    On July 29, 2004, we received a 60-day notice of intent to sue for 
failure to complete a finding. On December 7, 2004, an amended 
complaint for failure to complete a finding for this and other species 
was filed. We reached a settlement agreement with the plaintiffs, and 
on February 7, 2006, we published a 90-day finding in the Federal 
Register (71 FR 6241) determining that the petition did not present 
substantial scientific information indicating that listing the 
Gunnison's prairie dog species may be warranted.
    On August 17, 2006, Forest Guardians and eight other organizations 
and individuals provided written notice of their intent to sue 
regarding the determination in the 90-day finding. On December 13, 
2006, the plaintiffs filed a complaint challenging the finding and 
seeking a Court order requiring issuance of a new positive 90-day 
finding, and completion of a 12-month finding on the petition to list 
the Gunnison's prairie dog. On June 29, 2007, we reached a settlement 
agreement with the plaintiffs for submittal to the Federal Register of 
a 12-month finding by February 1, 2008, and the terms and conditions of 
the agreement were adopted by the court on July 2, 2007.
    Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires 
that, for any petition to revise the Lists of Endangered and Threatened 
Wildlife and Plants (Lists) that contains substantial scientific or 
commercial information that the petitioned action may be warranted, we 
make a finding within 12 months of the date of the receipt of the 
petition on whether the petitioned action is (a) Not warranted, (b) 
warranted, or (c) warranted, but that the immediate proposal of a 
regulation implementing the petitioned action is precluded by other 
pending proposals to determine whether species are threatened or 
endangered, and we are making expeditious progress to add or remove 
qualified species from the Lists.
    We are opening a 60-day comment period to allow all interested 
parties an opportunity to provide information on the status of the 
Gunnison's prairie dog and potential threats to the species. We will 
base our 12-month finding on a review of the best scientific and 
commercial information available, including information received as a 
result of this notice.
    We are especially seeking any new scientific information regarding 
the taxonomic status of the Gunnison's prairie dog; the distribution, 
population, and status of the Gunnison's prairie dog in Arizona, 
Colorado, New Mexico, and Utah, on both local and State-wide scales; 
and the effects and dynamics of sylvatic plague on the Gunnison's 
prairie dog, including its population responses to plague.

Author

    The primary author of this document is staff from the Grand 
Junction, Colorado U.S. Fish and Wildlife Service office.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 21, 2007.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E7-16941 Filed 8-27-07; 8:45 am]
BILLING CODE 4310-55-P
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