Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Roswell springsnail (Pyrgulopsis roswellensis, 10701-10703 [E9-5357]

Download as PDF Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules proposed rulemaking notice should be addressed to Forest Service, USDA, attn: Director, Minerals and Geology Management, at Mail Stop 1126, Washington, DC 20250–1126; by electronic mail to 36cfr251@fs.fed.us; or by fax to (703) 605–1575; or by the electronic process available at Federal e-Rulemaking portal at http:// www.regulations.gov. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at 1601 N. Kent Street, Suite 500 Arlington, Virginia 22209 during regular business hours (8:30 a.m. to 4 p.m.), Monday through Friday, except holidays. Visitors are encouraged to call ahead to (703) 605– 4792 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Ivette E. Torres, Liaison Specialist, Minerals and Geology Management. Phone Number: (703) 605–4792, or (703) 615–7813. E-mail: ietorres@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. Dated: March 5, 2009. Abigail R. Kimball, Chief, Forest Service. [FR Doc. E9–5318 Filed 3–11–09; 8:45 am] BILLING CODE 3410–11–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 09–490; MB Docket No. 09–18; RM– 11513] Radio Broadcasting Services; Dulac, LA Federal Communications Commission. ACTION: Proposed rule. cprice-sewell on PRODPC61 with PROPOSALS AGENCY: SUMMARY: The Audio Division requests comment on a petition filed by Sunburst Media-Louisiana, LLC, licensee of Station KMYO–FM, Channel 244C3, Morgan City, Louisiana, proposing the substitution of FM Channel 230A for vacant Channel 242A at Dulac, Louisiana. The reference coordinates for Channel 230A at Dulac, Louisiana, are 29–20–37 NL and 90–45–16 WL. See SUPPLEMENTARY INFORMATION, infra. DATES: Comments must be filed on or before April 20, 2009, and reply comments on or before May 5, 2009. VerDate Nov<24>2008 13:21 Mar 11, 2009 Jkt 217001 Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, his counsel, or consultant, as follows: Mark N. Lipp, Esq., Scott Woodworth, Esq., Wiley Rein LLP, 1776 K Street, NW., Washington, DC 20006 (Counsel for Sunburst Media-Louisiana, LLC). FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 09–18, adopted February 25, 2009, and released February 27, 2009. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC’s Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CYA257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1–800–378–3160 or http:// www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The proposed channel substitution at Dulac is part of a hybrid application and rulemaking proceeding. In the application (File No. BPH– 20090129AMR), Sunburst MediaLouisiana proposes the upgrade of Channel 244C3 to Channel 244C2 at Morgan City, Louisiana, the reallotment of Channel 244C2 to Gray, Louisiana, and the associated modification of the Station KMYO–FM license. See 74 FR 9399 (March 4, 2009). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contact. ADDRESSES: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 10701 For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Louisiana, is amended by removing 242A and adding Channel 230A at Dulac. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E9–5398 Filed 3–11–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R2-ES-2009-0014] [92210-1117-0000B4] RIN 1018-AT52 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Roswell springsnail (Pyrgulopsis roswellensis), Koster’s springsnail (Juturnia kosteri), Noel’s amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of public comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), take this action pursuant to a settlement agreement and court order that vacated, in part, the August 9. 2005 final rule that designated critical habitat under the Endangered Species Act of 1973, as amended (Act), for the Roswell springsnail (Pyrgulopsis roswellensis), Koster’s springsnail (Juturnia kosteri), Noel’s amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) with respect to lands at the Bitter Lake National Wildlife E:\FR\FM\12MRP1.SGM 12MRP1 10702 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules Refuge. Accordingly, the February 12, 2002, proposed critical habitat designation is reinstated for these invertebrates with respect to Bitter Lake National Wildlife Refuge and we announce the reopening of the public comment period for the February 12, 2002, proposed rule in order to reconsider designation of these lands. This re-evaluation of the designation of critical habitat at Bitter Lake National Wildlife Refuge does not affect the designation of critical habitat at Diamond Y Spring and Sandia Spring. Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Additionally, so that we may fully consider any new information available, we are also soliciting comments and information on the final economic analysis and final environmental assessment that were made available concurrent with the August 9, 2005, final designation of critical habitat. DATES: We will accept comments received or postmarked on or before May 11, 2009. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by April 27, 2009. You may submit information by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R2ES-2009-0014; 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 information received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments Solicited section below for more details). cprice-sewell on PRODPC61 with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: Wally ‘‘J’’ Murphy, Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; telephone 505-761-4781; facsimile 505-346-2542. If you use a telecommunications device for the deaf (TTD), you may call the Federal Information Relay Service (FIRS) at 800877-8339. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 13:21 Mar 11, 2009 Jkt 217001 Background The Roswell springsnail (Pyrgulopsis roswellensis), Koster’s springsnail (Juturnia kosteri), Noel’s amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) (four invertebrates) occupy springs, seeps, sinkholes, and wetlands near Roswell, New Mexico, and in Reeves and Pecos counties, Texas. On February 12, 2002 (67 FR 6459), we published a proposed rule to list the four invertebrates as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.) and to designate critical habitat for them. The proposed rule included two complexes on Bitter Lake National Wildlife Refuge (Refuge) totaling 456 hectares (ha) (1127 acres (ac)), one complex at Diamond Y Springs in Pecos County, Texas, of 153.8 ha (380 ac), and one complex at East Sandia Spring in Reeves County, Texas, of 6.7 ha (16.5 ac). On August 9, 2005, we published our final rule listing the four invertebrates as endangered with critical habitat (70 FR 46304). In that final rule, critical habitat was designated at the Diamond Y Spring and East Sandia Spring complexes but was not designated on the Refuge on the ground that these areas did not meet the definition of ‘‘critical habitat’’ under section 3(5)(A) of the Act (70 FR 46323). On December 19, 2007, Forest Guardians (now WildEarth Guardians) filed a complaint challenging the merits of our critical habitat designation for the four invertebrates, including the exclusion of the Refuge from the final critical habitat designation. The plaintiffs alleged that the Refuge should have been included in the designation because it is the last known occupied habitat for three of the four species (Roswell springsnail, Koster’s springsnail, and Noel’s amphipod) and that the Refuge’s Comprehensive Conservation Plan would not adequately protect the species from threats, including oil and gas development, outside of the Refuge boundaries. Pursuant to a settlement agreement, the court has partially vacated the August 9, 2005, critical habitat decision (70 FR 46304) with respect to the areas excluded under section 3(5)(A) of the Act. If the proposed rule with respect to the Bitter Lake National Wildlife Refuge is made final, section 7 of the Act will prohibit adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Federal agencies proposing actions that may affect areas designated as critical habitat must consult with us on the effects of their PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 proposed actions, pursuant to section 7(a)(2) of the Act. This re-evaluation of the designation of critical habitat on the Refuge does not affect the August 9, 2005, final designation of critical habitat (70 FR 46304) with respect to designated critical habitat at Diamond Y Spring and Sandia Spring, and consultation on activities that may result in destruction or adverse modification of critical habitat is still required in these areas. Further, section 7(a)(4) of the Act and regulations at 50 CFR 402.10 require Federal agencies to confer with us on any action that is likely to result in destruction or adverse modification of proposed critical habitat. Thus, Federal agencies are required to confer with the Service on any such action that may affect the proposed critical habitat on the Refuge as identified in the February 12, 2002, proposed rule (67 FR 6459). Section 4 of the Act requires that we consider economic and other relevant impacts prior to making a final decision on what areas to designate as critical habitat. A final economic analysis and final environmental assessment were made available concurrent with the publication of the August 9, 2005, final critical habitat designation (70 FR 46304). We solicit data and comments from the public on the final economic analysis and final environmental assessment, as well as on all aspects of the proposed rule. We will review and consider all best available information including public comments or other information submitted previously or as part of the present comment period, as we develop our final determination. In particular, we may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species. Public Comments Solicited To ensure that the final critical habitat designation is complete and based on the best available scientific information, we are soliciting information from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek information concerning: (1) The reasons why habitat on the Refuge should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefits of inclusion of these areas will or will not outweigh the benefits of exclusion from critical habitat designation; E:\FR\FM\12MRP1.SGM 12MRP1 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS (2) Specific information on the distribution of the four invertebrates and their habitats, and which habitats are essential to the conservation of the species and why; (3) Land use management and current or planned activities in the subject area and their possible impacts on proposed critical habitat; (4) Any foreseeable economic, environmental, or other impacts resulting from the proposed designation of critical habitat; (5) Whether the economic analysis makes appropriate assumptions regarding current practices and likely regulatory changes imposed as a result of the designation of critical habitat; and (6) Whether the economic analysis appropriately identifies all costs that could result or have already resulted from the designation. Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Comments submitted during this VerDate Nov<24>2008 13:21 Mar 11, 2009 Jkt 217001 comment period also will be incorporated into the public record and will be fully considered in the final rule. You may submit comments and materials concerning the proposed rule, the associated economic analysis, and the associated environmental assessment by one of the methods listed in the ADDRESSES section. We will not consider comments sent by e-mail or fax, or to an address not listed in the ADDRESSES section. If you submit a comment via http:// www.regulations.gov, your entire comment—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 comments on http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this notice, will be available for public inspection on http:// www.regulations.gov, or by PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 10703 appointment, during normal business hours, at the U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule, the final economic analysis, and the final environmental assessment on the Internet at http:// www.regulations.gov, or by mail from the New Mexico Ecological Services Field Office. Author The primary authors of this notice are the staff of the New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: March 3, 2009. Jane Lyder, Assistant Deputy Secretary for Department of the Interior. [FR Doc. E9–5357 Filed 3–11–09; 8:45 am] BILLING CODE 4310-55-S E:\FR\FM\12MRP1.SGM 12MRP1

Agencies

[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Proposed Rules]
[Pages 10701-10703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5357]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R2-ES-2009-0014] [92210-1117-0000-B4]
RIN 1018-AT52


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Roswell springsnail (Pyrgulopsis roswellensis), 
Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus 
desperatus), and Pecos assiminea (Assiminea pecos)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), take this 
action pursuant to a settlement agreement and court order that vacated, 
in part, the August 9. 2005 final rule that designated critical habitat 
under the Endangered Species Act of 1973, as amended (Act), for the 
Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail 
(Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos 
assiminea (Assiminea pecos) with respect to lands at the Bitter Lake 
National Wildlife

[[Page 10702]]

Refuge. Accordingly, the February 12, 2002, proposed critical habitat 
designation is reinstated for these invertebrates with respect to 
Bitter Lake National Wildlife Refuge and we announce the reopening of 
the public comment period for the February 12, 2002, proposed rule in 
order to reconsider designation of these lands. This re-evaluation of 
the designation of critical habitat at Bitter Lake National Wildlife 
Refuge does not affect the designation of critical habitat at Diamond Y 
Spring and Sandia Spring. Comments previously submitted on the February 
12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they 
have been incorporated into the public record as part of this reopening 
of the comment period and will be fully considered in preparation of 
the final rule. Additionally, so that we may fully consider any new 
information available, we are also soliciting comments and information 
on the final economic analysis and final environmental assessment that 
were made available concurrent with the August 9, 2005, final 
designation of critical habitat.

DATES: We will accept comments received or postmarked on or before May 
11, 2009. We must receive requests for public hearings, in writing, at 
the address shown in the ADDRESSES section by April 27, 2009.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R2-ES-2009-0014; 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 information 
received on http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Public 
Comments Solicited section below for more details).

FOR FURTHER INFORMATION CONTACT: Wally ``J'' Murphy, Field Supervisor, 
New Mexico Ecological Services Field Office, 2105 Osuna NE, 
Albuquerque, NM 87113; telephone 505-761-4781; facsimile 505-346-2542. 
If you use a telecommunications device for the deaf (TTD), you may call 
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    The Roswell springsnail (Pyrgulopsis roswellensis), Koster's 
springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), 
and Pecos assiminea (Assiminea pecos) (four invertebrates) occupy 
springs, seeps, sinkholes, and wetlands near Roswell, New Mexico, and 
in Reeves and Pecos counties, Texas. On February 12, 2002 (67 FR 6459), 
we published a proposed rule to list the four invertebrates as 
endangered under the Endangered Species Act of 1973, as amended (Act; 
16 U.S.C. 1531 et seq.) and to designate critical habitat for them. The 
proposed rule included two complexes on Bitter Lake National Wildlife 
Refuge (Refuge) totaling 456 hectares (ha) (1127 acres (ac)), one 
complex at Diamond Y Springs in Pecos County, Texas, of 153.8 ha (380 
ac), and one complex at East Sandia Spring in Reeves County, Texas, of 
6.7 ha (16.5 ac). On August 9, 2005, we published our final rule 
listing the four invertebrates as endangered with critical habitat (70 
FR 46304). In that final rule, critical habitat was designated at the 
Diamond Y Spring and East Sandia Spring complexes but was not 
designated on the Refuge on the ground that these areas did not meet 
the definition of ``critical habitat'' under section 3(5)(A) of the Act 
(70 FR 46323).
    On December 19, 2007, Forest Guardians (now WildEarth Guardians) 
filed a complaint challenging the merits of our critical habitat 
designation for the four invertebrates, including the exclusion of the 
Refuge from the final critical habitat designation. The plaintiffs 
alleged that the Refuge should have been included in the designation 
because it is the last known occupied habitat for three of the four 
species (Roswell springsnail, Koster's springsnail, and Noel's 
amphipod) and that the Refuge's Comprehensive Conservation Plan would 
not adequately protect the species from threats, including oil and gas 
development, outside of the Refuge boundaries. Pursuant to a settlement 
agreement, the court has partially vacated the August 9, 2005, critical 
habitat decision (70 FR 46304) with respect to the areas excluded under 
section 3(5)(A) of the Act.
    If the proposed rule with respect to the Bitter Lake National 
Wildlife Refuge is made final, section 7 of the Act will prohibit 
adverse modification of critical habitat by any activity funded, 
authorized, or carried out by any Federal agency. Federal agencies 
proposing actions that may affect areas designated as critical habitat 
must consult with us on the effects of their proposed actions, pursuant 
to section 7(a)(2) of the Act. This re-evaluation of the designation of 
critical habitat on the Refuge does not affect the August 9, 2005, 
final designation of critical habitat (70 FR 46304) with respect to 
designated critical habitat at Diamond Y Spring and Sandia Spring, and 
consultation on activities that may result in destruction or adverse 
modification of critical habitat is still required in these areas. 
Further, section 7(a)(4) of the Act and regulations at 50 CFR 402.10 
require Federal agencies to confer with us on any action that is likely 
to result in destruction or adverse modification of proposed critical 
habitat. Thus, Federal agencies are required to confer with the Service 
on any such action that may affect the proposed critical habitat on the 
Refuge as identified in the February 12, 2002, proposed rule (67 FR 
6459).
    Section 4 of the Act requires that we consider economic and other 
relevant impacts prior to making a final decision on what areas to 
designate as critical habitat. A final economic analysis and final 
environmental assessment were made available concurrent with the 
publication of the August 9, 2005, final critical habitat designation 
(70 FR 46304). We solicit data and comments from the public on the 
final economic analysis and final environmental assessment, as well as 
on all aspects of the proposed rule. We will review and consider all 
best available information including public comments or other 
information submitted previously or as part of the present comment 
period, as we develop our final determination. In particular, we may 
exclude an area from critical habitat if we determine that the benefits 
of excluding the area outweigh the benefits of including the area as 
critical habitat, provided such exclusion will not result in the 
extinction of the species.

Public Comments Solicited

    To ensure that the final critical habitat designation is complete 
and based on the best available scientific information, we are 
soliciting information from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek information 
concerning:
    (1) The reasons why habitat on the Refuge should or should not be 
determined to be critical habitat as provided by section 4 of the Act, 
including whether the benefits of inclusion of these areas will or will 
not outweigh the benefits of exclusion from critical habitat 
designation;

[[Page 10703]]

    (2) Specific information on the distribution of the four 
invertebrates and their habitats, and which habitats are essential to 
the conservation of the species and why;
    (3) Land use management and current or planned activities in the 
subject area and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic, environmental, or other impacts 
resulting from the proposed designation of critical habitat;
    (5) Whether the economic analysis makes appropriate assumptions 
regarding current practices and likely regulatory changes imposed as a 
result of the designation of critical habitat; and
    (6) Whether the economic analysis appropriately identifies all 
costs that could result or have already resulted from the designation.
    Comments previously submitted on the February 12, 2002, proposed 
rule (67 FR 6459) need not be resubmitted as they have been 
incorporated into the public record as part of this reopening of the 
comment period and will be fully considered in preparation of the final 
rule. Comments submitted during this comment period also will be 
incorporated into the public record and will be fully considered in the 
final rule.
    You may submit comments and materials concerning the proposed rule, 
the associated economic analysis, and the associated environmental 
assessment by one of the methods listed in the ADDRESSES section. We 
will not consider comments sent by e-mail or fax, or to an address not 
listed in the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--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 comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this notice, will be available for 
public inspection on http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
New Mexico Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    You may obtain copies of the proposed rule, the final economic 
analysis, and the final environmental assessment on the Internet at 
http://www.regulations.gov, or by mail from the New Mexico Ecological 
Services Field Office.

Author

    The primary authors of this notice are the staff of the New Mexico 
Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113.

Authority

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

    Dated: March 3, 2009.
Jane Lyder,
Assistant Deputy Secretary for Department of the Interior.
[FR Doc. E9-5357 Filed 3-11-09; 8:45 am]
BILLING CODE 4310-55-S