Endangered and Threatened Wildlife and Plants; Listing the Flat-Tailed Horned Lizard as Threatened, 9377-9379 [2010-4071]
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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
Division, (202) 366–4325,
mcpsd@dot.gov.
For sign language interpretation
services, contact the Regulatory
Development Division at (202) 366–
5370 or FMCSAregs@dot.gov, by March
17, 2010, to allow us to arrange for such
services. There is no guarantee that
interpreter services requested on short
notice can be provided.
SUPPLEMENTARY INFORMATION:
I. Background
On October 26, 2009, Public Citizen,
et al. (Petitioners) and FMCSA entered
into a settlement agreement under
which the parties agreed to seek to hold
Petitioners’ petition for judicial review
of the November 19, 2008 Final Rule on
drivers’ hours of service in abeyance
pending the publication of an NPRM.
The settlement agreement states that
FMCSA will submit the draft NPRM to
the Office of Management and Budget
(OMB) within nine months, and publish
a Final Rule within 21 months, of the
date of the settlement agreement. The
current rule will remain in effect during
the rulemaking proceedings.
On January 5, 2010, FMCSA
announced its plans to hold three public
listening sessions concerning the HOS
rulemaking (75 FR 285). On January 15,
2010, FMCSA announced its plans to
hold a fourth public listening session
(75 FR 2467). FMCSA now announces a
fifth public listening session to solicit
additional written and/or oral
comments and information on potential
revisions to the HOS rule. The Agency
will provide further opportunity for
public comment when the NPRM is
published.
II. Meeting Participation
This listening session is open to the
public. Speakers’ remarks will be
limited to 10 minutes each. The public
may submit material to the FMCSA staff
at each session for inclusion in the
public docket, FMCSA–2004–19608.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
III. Questions for Discussion During the
Listening Sessions
In preparing their comments, meeting
participants should consider the
following questions about possible
alternatives to the current HOS
requirements. These scenarios are
merely set forth for discussion; FMCSA
will not necessarily include them in an
NPRM but would request similar
information and data in an NPRM.
Answers to these questions should be
based upon the experience of the
participants and any data or information
they can share with FMCSA.
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14:54 Mar 01, 2010
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9377
A. Rest and On-Duty Time
D. Loading and Unloading Time
1. Would mandatory short rest
periods during the work day improve
driver alertness in the operation of a
CMV? How long should these rest
periods be? At what point in the duty
cycle or drive-time would short rest
periods provide the greatest benefit?
What are the unintended consequences
if these short rest periods are
mandatory? Should the on-duty period
be extended to allow for mandatory rest
periods?
2. If rest or other breaks from driving
improve alertness, could a driver who
chooses to take specified minimum
breaks be given scheduling flexibility—
the ability to borrow an hour from
another driving day once a week, for
example—if that flexibility would not
increase safety risks or adversely impact
driver health?
3. How many hours per day and per
week would be safe and healthy for a
truck driver to work?
4. Would an hours-of-service rule that
allows drivers to drive an hour less
when driving overnight improve driver
alertness and improve safety? Are there
any adverse consequences that could
arise from the implementation of a
separate nighttime hours-of-service
regulation?
1. What effect has the fixed 14-hour
driving ‘‘window’’ had on the time
drivers spend waiting to load or unload?
Have shippers and receivers changed
their practices to reduce the amount of
time drivers spend waiting to load or
unload?
B. Restart to the 60- and 70-Hour Rule
1. Is a 34-consecutive-hour off-duty
period long enough to provide
restorative sleep regardless of the
number of hours worked prior to the
restart? Is the answer different for a
driver working a night or irregular
schedule?
2. What would be the impact of
mandating two overnight off-duty
periods, e.g., from midnight to 6 a.m., as
a component of a restart period? Would
such a rule present additional
enforcement challenges?
3. How is the current restart provision
being used by drivers? Do drivers restart
their calculations after 34 consecutive
hours or do drivers take longer periods
of time for the restart?
C. Sleeper Berth Use
1. If sleeper-berth time were split into
two periods, what is the minimum time
in each period necessary to provide
restorative sleep?
2. Could the 14-hour on-duty
limitation be extended by the amount of
some additional sleeper-berth time
without detrimental effect on highway
safety? What would be the appropriate
length of such a limited sleeper-berth
rest period?
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Fmt 4702
Sfmt 4702
E. General
1. Are there aspects of the current rule
that do not increase safety risks or
adversely impact driver health and that
should be preserved?
Issued on: February 24, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–4293 Filed 3–1–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2010–0008]
[MO 92210-0-0008-B2]
[RIN 1018-AX07]
Endangered and Threatened Wildlife
and Plants; Listing the Flat-Tailed
Horned Lizard as Threatened
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Reinstatement of proposed rule,
reopening of comment period, and
notice of public hearings.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), notify the
public of the reinstatement of our
November 29, 1993, proposed rule to
list the flat-tailed horned lizard
(Phrynosoma mcallii) as threatened
under the Endangered Species Act of
1973, as amended (Act). We also
announce the reopening of a public
comment period on the 1993 proposed
rule and the scheduling of public
hearings. This action will provide all
interested parties with an additional
opportunity to provide information and
submit comments on the 1993 proposed
rule.
DATES: Written comments: To ensure
consideration of your comments, we
must receive them on or before May 3,
2010.
Public Hearings: The public hearings
will take place on March 23, 2010, from
1 p.m. to 3 p.m. and from 6 p.m. to 8
p.m. at University of California,
Riverside (UCR) Palm Desert Graduate
Center, 75-080 Frank Sinatra Drive,
E:\FR\FM\02MRP1.SGM
02MRP1
9378
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Palm Desert, CA, and on March 24,
2010, from 1 p.m. to 3 p.m. and from 6
p.m. to 8 p.m. at the Radisson Hotel
Yuma, 1501 South Redondo Center
Drive, Yuma, AZ.
ADDRESSES: Written comments: You may
submit comments and information by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for Docket
No. FWS–R8–ES–2010–0008 and then
follow the instructions for submitting
comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R8–
ES–2010–0008; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
Public Hearings: The public hearings
will be held at the University of
California, Riverside (UCR) Palm Desert
Graduate Center, 75-080 Frank Sinatra
Drive, Palm Desert, CA 92211, and at
the Radisson Hotel Yuma, 1501 South
Redondo Center Drive, Yuma, AZ
85365.
We will post all comments and
information we receive in writing and
oral testimony offered at the public
hearings on https://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see the Information Solicited section
below for more information).
FOR FURTHER INFORMATION CONTACT: Jim
Bartel, Field Supervisor, U.S. Fish and
Wildlife Service, Carlsbad Fish and
Wildlife Office, 6010 Hidden Valley
Road, Suite 101, Carlsbad, CA 92011;
telephone 760–431–9440; facsimile
760–431–5901. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
This document announces the
reinstatement of the 1993 proposed rule,
published in the Federal Register on
November 29, 1993 (58 FR 62624), to
list the flat-tailed horned lizard as a
threatened species, and reopens the
public comment period on this
reinstated rulemaking. We intend any
final action resulting from this proposal
to be as accurate as possible. To ensure
our determination is based on the best
available scientific and commercial
information, we request information on
the flat-tailed horned lizard from
governmental agencies, Native
American Tribes, the scientific
community, industry, and any other
interested parties. We particularly seek
information on:
(1) The species’ biology, range, and
population trends.
VerDate Nov<24>2008
14:54 Mar 01, 2010
Jkt 220001
(2) Past and ongoing conservation
measures for the species, its habitat, or
both, including how implementation of
the Flat-tailed Horned Lizard
Rangewide Management Strategy has
affected the species in the United States.
(3) Conservation measures for the
species in Mexico.
(4) The factors that are the basis for
making a listing, delisting, or
downlisting determination for a species
under section 4(a) of the Endangered
Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), which are:
(a) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(c) Disease or predation;
(d) The inadequacy of existing
regulatory mechanisms; or
(e) Other natural or manmade factors
affecting its continued existence.
(5) The taxonomic status of this
species, or whether any population
segments of the flat-tailed horned lizard
are discrete or significant under our
February 7, 1996, policy regarding the
recognition of distinct vertebrate
population segments (61 FR 4722).
(6) The potential effects global climate
change may have on the flat-tailed
horned lizard or its habitat.
You may submit your information
concerning the proposed rule by one of
the methods listed in the ADDRESSES
section. If you submit information via
https://www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
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.
Information and materials we receive,
as well as supporting documentation we
used in preparing previous listing
determinations for the species, 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, Carlsbad Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT). If you submitted comments or
information previously on the proposed
rule or during any of the previous open
comment periods related to this
proposed rule, please do not resubmit
them. These comments have been
incorporated into the public record and
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
will be fully considered in the
preparation of our final determination.
Public Hearings
We have scheduled two public
hearings on the proposed rule. They
will be held on the date listed in the
DATES section at the address listed in the
ADDRESSES section.
Anyone wishing to make an oral
statement at a public hearing for the
record is encouraged to provide a
written copy of their statement to us at
that hearing. In the event there is a large
attendance, the time allotted for oral
statements may be limited. Speakers can
sign up only at the hearings. Oral and
written statements receive equal
consideration. There are no limits on
the length of written comments
submitted to us. If you have any
questions concerning the public hearing
or need reasonable accommodations to
attend and participate in the public
hearing, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section as soon as possible, but
no later than 1 week before the hearing
date, to allow sufficient time to process
requests.
Previous Federal Actions
On November 29, 1993, we published
in the Federal Register a proposed rule
to list the flat-tailed horned lizard as a
threatened species under the Act (58 FR
62624). On July 15, 1997, we published
in the Federal Register a final
determination to withdraw the proposed
rule to list the flat-tailed horned lizard
as a threatened species (62 FR 37852)
based on various considerations
including a reduction of threats to the
species on public land and the existence
of the Flat-tailed Horned Lizard
Rangewide Management Strategy.
The Defenders of Wildlife filed a
complaint in the U.S. District Court for
the Southern District of California
challenging our 1997 withdrawal of the
proposed rule. On June 16, 1999, the
District Court upheld our decision to
withdraw the proposed listing rule. The
District Court’s decision was appealed
and on July 31, 2001, and the Ninth
Circuit Court of Appeals vacated the
previous ruling of the District Court. In
accordance with the Appeals Court’s
ruling, we published a document in the
Federal Register on December 26, 2001,
reinstating the 1993 proposed rule and
opening a 120–day public comment
period (66 FR 66384).
Subsequently, we reopened the
comment period on the 1993 proposed
rule twice, once on May 30, 2002 (67 FR
37752) and again on September 24, 2002
(67 FR 59809).
E:\FR\FM\02MRP1.SGM
02MRP1
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
On January 3, 2003, we again
published in the Federal Register a
decision to withdraw the November 29,
1993, proposed rule to list the flat-tailed
horned lizard as a threatened species
(68 FR 331). The Service found the
lizard to be in danger of extirpation in
the Coachella Valley; however, we
determined that the Coachella Valley is
not a significant portion of the species’
range. We concluded in the January 3,
2003, withdrawal that the flat-tailed
horned lizard populations on either side
of the Imperial Valley/Salton Sea and in
Arizona were not likely to become
endangered in the foreseeable future
and that listing the species was not
warranted.
The Tucson Herpetological Society
and others filed a complaint with the
District Court for the District of Arizona
challenging the January 3, 2003,
withdrawal of the proposed rule. In a
ruling issued on August 30, 2005, the
District Court for the District of Arizona
issued an order granting plaintiffs’
motion for summary judgment, citing
our failure to specifically evaluate the
lost habitat of the flat-tailed horned
lizard, and whether the amount of lost
habitat represented a significant portion
of the species’ range. On December 7,
2005, we published a document in the
Federal Register reinstating the 1993
proposed rule (70 FR 72776). On March
2, 2006, we reopened the public
comment period on the 1993 proposed
rule for the purpose of soliciting
comments and information relevant to
the specific issue identified in the
District Court’s November 2005 ruling
(i.e., whether the flat-tailed horned
lizard’s lost historical habitat rendered
the species likely to become in danger
of extinction in the foreseeable future
throughout all or a significant portion of
VerDate Nov<24>2008
14:54 Mar 01, 2010
Jkt 220001
its range) (71 FR 10631). We reopened
an additional public comment period on
the 2006 Federal Register notice from
April 21, 2006, to May 8, 2006 (71 FR
20637).
After re-examining the lost historical
habitat of the flat-tailed horned lizard in
relation to our January 3, 2003,
withdrawal, we determined that the lost
historical habitat is not a significant
portion of the species’ range, and its loss
does not result in the species likely
becoming endangered in the foreseeable
future throughout all or a significant
portion of its range. We published our
decision to once again withdraw the
November 29, 1993, proposed rule to
list the flat-tailed horned lizard as a
threatened species on June 28, 2006 (71
FR 36745).
Following a supplemental complaint
from Tucson Herpetological Society and
others challenging the 2006 withdrawal
of the proposed rule to list the flat-tailed
horned lizard under the Act, the United
States District Court for the District of
Arizona (the District Court) granted
summary judgment in favor of the
Secretary of the Interior; however, this
ruling was appealed to the Court of
Appeals for the Ninth Circuit. In a
ruling issued on May 18, 2009, the
Court of Appeals for the Ninth Circuit
reversed the District Court’s ruling
when it determined that in the context
of the analysis of whether the lizard’s
lost historical range constituted a
significant portion of the species’ range,
the administrative record did not
support what the Court of Appeals for
the Ninth Circuit viewed as the
Service’s conclusion that flat-tailed
horned lizard populations were stable
and viable throughout most of its
current range.
On November 3, 2009, the District
Court remanded the 2006 withdrawal to
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Fmt 4702
Sfmt 9990
9379
the Service for further consideration and
reinstated the 1993 proposal to list the
species. The District Court ordered the
Service to complete this reconsideration
within 12 months. The Service will
complete its review of the best available
scientific and commercial information,
including information and comments
submitted during this comment period,
as part of the remand process. We will
then complete a new listing
determination. This document serves to
notify the public of the reinstatement of
the 1993 proposed rule, announce
public hearings, and solicit information
regarding the species and threats to it
and its habitat.
You may obtain copies of the original
1993 proposed rule, and other previous
Federal actions relating to the flat-tailed
horned lizard by mail from the Carlsbad
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT section),
or on the Internet at https://www.fws.gov/
Carlsbad, or by visiting the Federal
eRulemaking Portal at https://
www.regulations.gov.
Author
The primary authors of this notice are
the staff members of the Carlsbad Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 17, 2010.
Daniel M. Ashe,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2010–4071 Filed 3–1– 10; 8:45 am]
BILLING CODE 4310–55–S
E:\FR\FM\02MRP1.SGM
02MRP1
]]>Agencies
[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Proposed Rules]
[Pages 9377-9379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4071]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2010-0008]
[MO 92210-0-0008-B2]
[RIN 1018-AX07]
Endangered and Threatened Wildlife and Plants; Listing the Flat-
Tailed Horned Lizard as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Reinstatement of proposed rule, reopening of comment period,
and notice of public hearings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the
public of the reinstatement of our November 29, 1993, proposed rule to
list the flat-tailed horned lizard (Phrynosoma mcallii) as threatened
under the Endangered Species Act of 1973, as amended (Act). We also
announce the reopening of a public comment period on the 1993 proposed
rule and the scheduling of public hearings. This action will provide
all interested parties with an additional opportunity to provide
information and submit comments on the 1993 proposed rule.
DATES: Written comments: To ensure consideration of your comments, we
must receive them on or before May 3, 2010.
Public Hearings: The public hearings will take place on March 23,
2010, from 1 p.m. to 3 p.m. and from 6 p.m. to 8 p.m. at University of
California, Riverside (UCR) Palm Desert Graduate Center, 75-080 Frank
Sinatra Drive,
[[Page 9378]]
Palm Desert, CA, and on March 24, 2010, from 1 p.m. to 3 p.m. and from
6 p.m. to 8 p.m. at the Radisson Hotel Yuma, 1501 South Redondo Center
Drive, Yuma, AZ.
ADDRESSES: Written comments: You may submit comments and information by
one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for Docket No. FWS-R8-ES-2010-0008 and then follow the
instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2010-0008; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
Public Hearings: The public hearings will be held at the University
of California, Riverside (UCR) Palm Desert Graduate Center, 75-080
Frank Sinatra Drive, Palm Desert, CA 92211, and at the Radisson Hotel
Yuma, 1501 South Redondo Center Drive, Yuma, AZ 85365.
We will post all comments and information we receive in writing and
oral testimony offered at the public hearings on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Solicited
section below for more information).
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Suite 101, Carlsbad, CA 92011; telephone 760-431-
9440; facsimile 760-431-5901. If you use a telecommunications device
for the deaf (TDD), call the Federal Information Relay Service (FIRS)
at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
This document announces the reinstatement of the 1993 proposed
rule, published in the Federal Register on November 29, 1993 (58 FR
62624), to list the flat-tailed horned lizard as a threatened species,
and reopens the public comment period on this reinstated rulemaking. We
intend any final action resulting from this proposal to be as accurate
as possible. To ensure our determination is based on the best available
scientific and commercial information, we request information on the
flat-tailed horned lizard from governmental agencies, Native American
Tribes, the scientific community, industry, and any other interested
parties. We particularly seek information on:
(1) The species' biology, range, and population trends.
(2) Past and ongoing conservation measures for the species, its
habitat, or both, including how implementation of the Flat-tailed
Horned Lizard Rangewide Management Strategy has affected the species in
the United States.
(3) Conservation measures for the species in Mexico.
(4) The factors that are the basis for making a listing, delisting,
or downlisting determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
(5) The taxonomic status of this species, or whether any
population segments of the flat-tailed horned lizard are discrete or
significant under our February 7, 1996, policy regarding the
recognition of distinct vertebrate population segments (61 FR 4722).
(6) The potential effects global climate change may have on the
flat-tailed horned lizard or its habitat.
You may submit your information concerning the proposed rule by one
of the methods listed in the ADDRESSES section. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
website. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying 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.
Information and materials we receive, as well as supporting
documentation we used in preparing previous listing determinations for
the species, 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, Carlsbad Fish and Wildlife
Office (see FOR FURTHER INFORMATION CONTACT). If you submitted comments
or information previously on the proposed rule or during any of the
previous open comment periods related to this proposed rule, please do
not resubmit them. These comments have been incorporated into the
public record and will be fully considered in the preparation of our
final determination.
Public Hearings
We have scheduled two public hearings on the proposed rule. They
will be held on the date listed in the DATES section at the address
listed in the ADDRESSES section.
Anyone wishing to make an oral statement at a public hearing for
the record is encouraged to provide a written copy of their statement
to us at that hearing. In the event there is a large attendance, the
time allotted for oral statements may be limited. Speakers can sign up
only at the hearings. Oral and written statements receive equal
consideration. There are no limits on the length of written comments
submitted to us. If you have any questions concerning the public
hearing or need reasonable accommodations to attend and participate in
the public hearing, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section as soon as possible, but no later than 1
week before the hearing date, to allow sufficient time to process
requests.
Previous Federal Actions
On November 29, 1993, we published in the Federal Register a
proposed rule to list the flat-tailed horned lizard as a threatened
species under the Act (58 FR 62624). On July 15, 1997, we published in
the Federal Register a final determination to withdraw the proposed
rule to list the flat-tailed horned lizard as a threatened species (62
FR 37852) based on various considerations including a reduction of
threats to the species on public land and the existence of the Flat-
tailed Horned Lizard Rangewide Management Strategy.
The Defenders of Wildlife filed a complaint in the U.S. District
Court for the Southern District of California challenging our 1997
withdrawal of the proposed rule. On June 16, 1999, the District Court
upheld our decision to withdraw the proposed listing rule. The District
Court's decision was appealed and on July 31, 2001, and the Ninth
Circuit Court of Appeals vacated the previous ruling of the District
Court. In accordance with the Appeals Court's ruling, we published a
document in the Federal Register on December 26, 2001, reinstating the
1993 proposed rule and opening a 120-day public comment period (66 FR
66384).
Subsequently, we reopened the comment period on the 1993 proposed
rule twice, once on May 30, 2002 (67 FR 37752) and again on September
24, 2002 (67 FR 59809).
[[Page 9379]]
On January 3, 2003, we again published in the Federal Register a
decision to withdraw the November 29, 1993, proposed rule to list the
flat-tailed horned lizard as a threatened species (68 FR 331). The
Service found the lizard to be in danger of extirpation in the
Coachella Valley; however, we determined that the Coachella Valley is
not a significant portion of the species' range. We concluded in the
January 3, 2003, withdrawal that the flat-tailed horned lizard
populations on either side of the Imperial Valley/Salton Sea and in
Arizona were not likely to become endangered in the foreseeable future
and that listing the species was not warranted.
The Tucson Herpetological Society and others filed a complaint with
the District Court for the District of Arizona challenging the January
3, 2003, withdrawal of the proposed rule. In a ruling issued on August
30, 2005, the District Court for the District of Arizona issued an
order granting plaintiffs' motion for summary judgment, citing our
failure to specifically evaluate the lost habitat of the flat-tailed
horned lizard, and whether the amount of lost habitat represented a
significant portion of the species' range. On December 7, 2005, we
published a document in the Federal Register reinstating the 1993
proposed rule (70 FR 72776). On March 2, 2006, we reopened the public
comment period on the 1993 proposed rule for the purpose of soliciting
comments and information relevant to the specific issue identified in
the District Court's November 2005 ruling (i.e., whether the flat-
tailed horned lizard's lost historical habitat rendered the species
likely to become in danger of extinction in the foreseeable future
throughout all or a significant portion of its range) (71 FR 10631). We
reopened an additional public comment period on the 2006 Federal
Register notice from April 21, 2006, to May 8, 2006 (71 FR 20637).
After re-examining the lost historical habitat of the flat-tailed
horned lizard in relation to our January 3, 2003, withdrawal, we
determined that the lost historical habitat is not a significant
portion of the species' range, and its loss does not result in the
species likely becoming endangered in the foreseeable future throughout
all or a significant portion of its range. We published our decision to
once again withdraw the November 29, 1993, proposed rule to list the
flat-tailed horned lizard as a threatened species on June 28, 2006 (71
FR 36745).
Following a supplemental complaint from Tucson Herpetological
Society and others challenging the 2006 withdrawal of the proposed rule
to list the flat-tailed horned lizard under the Act, the United States
District Court for the District of Arizona (the District Court) granted
summary judgment in favor of the Secretary of the Interior; however,
this ruling was appealed to the Court of Appeals for the Ninth Circuit.
In a ruling issued on May 18, 2009, the Court of Appeals for the Ninth
Circuit reversed the District Court's ruling when it determined that in
the context of the analysis of whether the lizard's lost historical
range constituted a significant portion of the species' range, the
administrative record did not support what the Court of Appeals for the
Ninth Circuit viewed as the Service's conclusion that flat-tailed
horned lizard populations were stable and viable throughout most of its
current range.
On November 3, 2009, the District Court remanded the 2006
withdrawal to the Service for further consideration and reinstated the
1993 proposal to list the species. The District Court ordered the
Service to complete this reconsideration within 12 months. The Service
will complete its review of the best available scientific and
commercial information, including information and comments submitted
during this comment period, as part of the remand process. We will then
complete a new listing determination. This document serves to notify
the public of the reinstatement of the 1993 proposed rule, announce
public hearings, and solicit information regarding the species and
threats to it and its habitat.
You may obtain copies of the original 1993 proposed rule, and other
previous Federal actions relating to the flat-tailed horned lizard by
mail from the Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT section), or on the Internet at https://www.fws.gov/Carlsbad, or by visiting the Federal eRulemaking Portal at https://www.regulations.gov.
Author
The primary authors of this notice are the staff members of the
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 17, 2010.
Daniel M. Ashe,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-4071 Filed 3-1- 10; 8:45 am]
BILLING CODE 4310-55-S
