Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the Bliss Rapids Snail (Taylorconcha serpenticola) From the List of Endangered and Threatened Wildlife; Notice of Document Availability., 46867-46868 [E8-18310]
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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
Executive Order 13211—Energy Supply,
Distribution, and Use
On May 18, 2001, the President issued
E.O. 13211 on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. OMB’s guidance for
implementing this Executive Order
outlines nine outcomes that may
constitute ‘‘a significant adverse effect’’
when compared to no regulatory action.
The DEA finds none of these criteria
relevant to this analysis (Chapter 4 of
the DEA). Thus, based on information in
the DEA, we do not expect conservation
activities within proposed critical
habitat for the 12 Hawaiian picture-wing
fly species to lead to energy-related
impacts. As such, we do not expect the
proposed designation of critical habitat
to significantly affect energy supplies,
distribution, or use, and a Statement of
Energy Effects is not required.
yshivers on PROD1PC62 with PROPOSALS
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501),
we make the following findings:
(a) The rule will not produce a
Federal mandate. In general, a Federal
mandate is a provision in legislation,
statute, or regulation that would impose
an enforceable duty upon State, local, or
tribal governments, or the private sector,
and includes both ‘‘Federal
intergovernmental mandates’’ and
‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or tribal
governments,’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and tribal governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding’’ and the State, local, or tribal
governments ‘‘lack authority’’ to adjust
accordingly. ‘‘Federal private sector
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon the private sector, except as (i) a
condition of Federal assistance; or (ii) a
duty arising from participation in a
voluntary Federal program.’’
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14:12 Aug 11, 2008
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The designation of critical habitat
does not impose a legally binding duty
on non-Federal government entities or
private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. Non-Federal
entities that receive Federal funding,
assistance, permits, or otherwise require
approval or authorization from a Federal
agency for an action, may be indirectly
impacted by the designation of critical
habitat. However, the legally binding
duty to avoid destruction or adverse
modification of critical habitat rests
squarely on the Federal agency.
Furthermore, to the extent that nonFederal entities are indirectly impacted
because they receive Federal assistance
or participate in a voluntary Federal aid
program, the Unfunded Mandates
Reform Act would not apply; nor would
critical habitat shift the costs of the large
entitlement programs listed above on to
State governments.
(b) We do not believe that the
proposed designation will significantly
or uniquely affect small governments
because it will not produce a Federal
mandate of $100 million or greater in
any year, that is, it is not a ‘‘significant
regulatory action’’ under the Unfunded
Mandates Reform Act. The proposed
designation of critical habitat imposes
no obligations on State or local
governments. The SBA does not
consider the Federal Government to be
a small governmental jurisdiction or
entity. Consequently, we do not believe
that the revised critical habitat
designation would significantly or
uniquely affect small government
entities. As such, a Small Government
Agency Plan is not required.
Executive Order 12630—Takings
In accordance with E.O. 12630
(‘‘Government Actions and Interference
with Constitutionally Protected Private
Property Rights’’), we have analyzed the
potential takings implications of
proposing critical habitat for the 12
Hawaiian picture-wing fly species in a
takings implications assessment. The
takings implications assessment
concludes that the proposed designation
of critical habitat for the 12 Hawaiian
picture-wing fly species does not pose
significant takings implications for
lands within or affected by the proposed
designation.
Authors
The primary authors of this notice are
the staff of the Endangered Species
Program, Pacific Region, U.S. Fish and
Wildlife Service.
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46867
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: August 4, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E8–18519 Filed 8–11–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R1–ES–2008–0073; 14420–1113–
0000–C5]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Remove the Bliss Rapids
Snail (Taylorconcha serpenticola)
From the List of Endangered and
Threatened Wildlife; Notice of
Document Availability.
Fish and Wildlife Service,
Interior.
ACTION: Notice of document availability.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of new information that may
impact our status review for the Bliss
Rapids snail (Taylorconcha
serpenticola). This information has
become available since the close of the
comment period on our 90-day finding
(72 FR 31250) on a petition to remove
the Bliss Rapids snail from the Federal
List of Endangered and Threatened
Wildlife, pursuant to the Endangered
Species Act of 1973, as amended (Act).
Interested members of the public are
invited to submit comments on this new
information as it applies to the listing
status of the Bliss Rapids snail.
DATES: To ensure consideration in the
12-month finding on this petition,
comments and information should be
submitted to us by August 27, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket
FWS–R1–ES–2008–0073; Division of
Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N.
Fairfax Drive, Suite 222; Arlington, VA
22203.
We will not accept e-mail or faxes. We
will post all comments on: https://
www.regulations.gov. This generally
E:\FR\FM\12AUP1.SGM
12AUP1
46868
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
means that we will post any personal
information you provide us (see below
for more information).
FOR FURTHER INFORMATION CONTACT:
Jeffery L. Foss, Field Supervisor, U.S.
Fish and Wildlife, Service Snake River
Fish and Wildlife Office, by mail at
1387 S. Vinnell Way, Room 368, Boise,
ID 83709; by telephone at 208/378–
5243; by facsimile at 208/378–5262; or
by electronic mail at:
fw1srbocomment@fws.gov.
SUPPLEMENTARY INFORMATION:
yshivers on PROD1PC62 with PROPOSALS
Background
On December 26, 2006, we received a
petition filed by the State of Idaho and
the Idaho Power Company to remove
the Bliss Rapids snail from the Federal
List of Endangered and Threatened
Wildlife in accordance with the
provisions of section 4 of the Act.
On June 6, 2007, we published a
substantial 90-day finding on the
petition to remove the Bliss Rapids snail
from the List of Endangered and
Threatened Wildlife (72 FR 31250),
initiated a status review, and opened a
60-day public comment period.
Subsequent to the public comment
period, new information has become
available that is relevant to our status
review. To ensure that the status review
is complete and based on the best
available scientific information, we are
soliciting information on this new
information as it relates to the listing
status of the Bliss Rapids snail. The new
VerDate Aug<31>2005
14:12 Aug 11, 2008
Jkt 214001
information includes a draft status
review for the Bliss Rapid Snail (Draft
Status Review), prepared in February
2008; peer reviews of the Draft Status
Review; a manuscript examining the
genetic structure of Bliss Rapids snail
populations; and documentation from a
recent expert panel convened to assess
the status of the Bliss Rapids snail.
Comments particularly are sought
concerning:
(1) Information and data in the Draft
Status Review;
(2) Peer review comments on the Draft
Status Review;
(3) The relevance of the new genetic
information to the listing status of the
Bliss Rapids snail;
(4) Information and data used by the
expert panel; and,
(5) The expert panel’s discussion of
threats to the Bliss Rapids snail and
ongoing conservation actions or
regulatory actions that address these
threats.
These materials are available for
review at the following Web sites:
https://www.regulations.gov.
https://www.fws.gov/idaho/Index.cfm.
If you wish to comment, you may
submit your comments and materials
concerning this new information related
to the petition finding by one of the
methods listed in the ADDRESSES
section.
If you submit information via https://
www.regulations.gov, your entire
submission—including your personal
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this petition finding,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours at the U.S. Fish and Wildlife
Service Snake River Fish and Wildlife
Office, 1387 S. Vinnell Way, Room 368,
Boise, ID 83709; by telephone at 208/
378–5243.
Author
The primary authors of this notice are
staff of the Snake River Fish and
Wildlife Office, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 24, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8–18310 Filed 8–11–08; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\12AUP1.SGM
12AUP1
]]>Agencies
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Proposed Rules]
[Pages 46867-46868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18310]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0073; 14420-1113-0000-C5]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Remove the Bliss Rapids Snail (Taylorconcha serpenticola)
From the List of Endangered and Threatened Wildlife; Notice of Document
Availability.
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of new information that may impact our status review for
the Bliss Rapids snail (Taylorconcha serpenticola). This information
has become available since the close of the comment period on our 90-
day finding (72 FR 31250) on a petition to remove the Bliss Rapids
snail from the Federal List of Endangered and Threatened Wildlife,
pursuant to the Endangered Species Act of 1973, as amended (Act).
Interested members of the public are invited to submit comments on this
new information as it applies to the listing status of the Bliss Rapids
snail.
DATES: To ensure consideration in the 12-month finding on this
petition, comments and information should be submitted to us by August
27, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket FWS-R1-ES-2008-0073; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on:
https://www.regulations.gov. This generally
[[Page 46868]]
means that we will post any personal information you provide us (see
below for more information).
FOR FURTHER INFORMATION CONTACT: Jeffery L. Foss, Field Supervisor,
U.S. Fish and Wildlife, Service Snake River Fish and Wildlife Office,
by mail at 1387 S. Vinnell Way, Room 368, Boise, ID 83709; by telephone
at 208/378-5243; by facsimile at 208/378-5262; or by electronic mail
at: fw1srbocomment@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2006, we received a petition filed by the State of
Idaho and the Idaho Power Company to remove the Bliss Rapids snail from
the Federal List of Endangered and Threatened Wildlife in accordance
with the provisions of section 4 of the Act.
On June 6, 2007, we published a substantial 90-day finding on the
petition to remove the Bliss Rapids snail from the List of Endangered
and Threatened Wildlife (72 FR 31250), initiated a status review, and
opened a 60-day public comment period. Subsequent to the public comment
period, new information has become available that is relevant to our
status review. To ensure that the status review is complete and based
on the best available scientific information, we are soliciting
information on this new information as it relates to the listing status
of the Bliss Rapids snail. The new information includes a draft status
review for the Bliss Rapid Snail (Draft Status Review), prepared in
February 2008; peer reviews of the Draft Status Review; a manuscript
examining the genetic structure of Bliss Rapids snail populations; and
documentation from a recent expert panel convened to assess the status
of the Bliss Rapids snail.
Comments particularly are sought concerning:
(1) Information and data in the Draft Status Review;
(2) Peer review comments on the Draft Status Review;
(3) The relevance of the new genetic information to the listing
status of the Bliss Rapids snail;
(4) Information and data used by the expert panel; and,
(5) The expert panel's discussion of threats to the Bliss Rapids
snail and ongoing conservation actions or regulatory actions that
address these threats.
These materials are available for review at the following Web
sites:
https://www.regulations.gov.
https://www.fws.gov/idaho/Index.cfm.
If you wish to comment, you may submit your comments and materials
concerning this new information related to the petition finding by one
of the methods listed in the ADDRESSES section.
If you submit information via https://www.regulations.gov, your
entire submission--including your personal identifying information--
will be posted on the Web site. If your submission is made via a
hardcopy that includes personal identifying information, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so. We will post all hardcopy submissions on https://
www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this petition finding, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours at the U.S. Fish and Wildlife
Service Snake River Fish and Wildlife Office, 1387 S. Vinnell Way, Room
368, Boise, ID 83709; by telephone at 208/378-5243.
Author
The primary authors of this notice are staff of the Snake River
Fish and Wildlife Office, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 24, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-18310 Filed 8-11-08; 8:45 am]
BILLING CODE 4310-55-P
