Listing Endangered and Threatened Species: Correction To Codify in the Code of Federal Regulations Application of Take Prohibitions to the Upper Columbia River Steelhead Distinct Population Segment, 12292-12293 [2011-5109]

Download as PDF 12292 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations Chapter 335, Subchapter G—Location Standards for Hazardous Waste Storage, Processing, or Disposal, Sections 335.201(a) (except (a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2), (4), (9)– (11), (13), (15)–(18); 335.203; 335.204(a) introductory paragraph—(a)(5); 335.204(b)(1)–(6); 335.204(c)(1)–(5); 335.204(d)(1)–(5); 335.204(e) introductory paragraph; 335.204(e)(1) introductory paragraph (except the phrase ‘‘Except as * * * (B) of this paragraph,’’ and the word ‘‘event’’ at the end of the paragraph); 335.204(e)(2)–(7); 335.204(f); 335.205(a) introductory paragraph–(a)(2) and (e); Chapter 335, Subchapter H—Standards for the Management of Specific Wastes and Specific Types of Facilities, Sections 335.211; 335.212; 335.213 (January 1, 1997); 335.214; 335.221; 335.222 through 335.225; 335.241(except (b)(4) and (d)); 335.241(d) (January 1, 1997); 335.251; 335.261 (except (e)) (December 31, 2001); 335.271; 335.272; Chapter 335, Subchapter O—Land Disposal Restrictions, Section 335.431; Chapter 335, Subchapter R—Waste Classification, Sections 335.504 introductory paragraph—(3); 335.504(4) (December 31, 1999). Copies of the Texas regulations that are incorporated by reference are available from West Group, 610 Opperman Drive, Eagan, 55123, ATTENTION: Order Entry; Phone: 1–800–328–9352; Web site: https:// west.thomson.com. * * * * * [FR Doc. 2011–4911 Filed 3–4–11; 8:45 am] adopted February 16, 2011, and released February 18, 2011. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, (800) 378–3160, or via the company’s Web site, https:// 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 Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 BILLING CODE 6560–50–P Radio, Radio broadcasting. 47 CFR Part 73 For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: [DA 11–323; MB Docket No. 09–189; RM– 11564] PART 73—RADIO BROADCAST SERVICES Radio Broadcasting Services; Kualapuu, HI ■ FEDERAL COMMUNICATIONS COMMISSION 1. The authority citation for part 73 continues to read as follows: Federal Communications Commission. ACTION: Final rule. AGENCY: § 73.202 The Audio Division, at the request of Kemp Communications, Inc., allots FM Channel 296C2 at Kualapuu, Hawaii. Channel 296C2 can be allotted at Kualapuu, consistent with the minimum distance separation requirements of the Commission’s rules, at coordinates 21–10–57 NL and 157– 13–26 WL, with a site restriction of 19.4 km (12 miles) west of the community. See SUPPLEMENTARY INFORMATION infra. DATES: Effective April 4, 2011. FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 09–189, SUMMARY: WReier-Aviles on DSKGBLS3C1PROD with RULES Authority: 47 U.S.C. 154, 303, 334, 336. VerDate Mar<15>2010 13:59 Mar 04, 2011 Jkt 223001 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Hawaii, is amended by adding Kualapuu, Channel 296C2. ■ Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 2011–5091 Filed 3–4–11; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 223 [Docket No. 101207606–1138–02] RIN 0648–XA082 Listing Endangered and Threatened Species: Correction To Codify in the Code of Federal Regulations Application of Take Prohibitions to the Upper Columbia River Steelhead Distinct Population Segment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: We, NMFS, announce a correcting amendment to the Code of Federal Regulations to clarify that take prohibitions under section 4(d) of the Endangered Species Act of 1973 (ESA) apply to the Upper Columbia River steelhead distinct population segment (DPS). DATES: Effective March 7, 2011. FOR FURTHER INFORMATION CONTACT: For further information regarding this notice contact Eric Murray, NMFS, Northwest Region, 503–231–2378; or Marta Nammack, NMFS, Office of Protected Resources, 301–713–1401. SUPPLEMENTARY INFORMATION: SUMMARY: Background and Correcting Amendment We first listed the Upper Columbia River steelhead DPS under the ESA in 1997 as an endangered species (62 FR 43937; August 18, 1997). In January 2006, we conducted a status review and downgraded the DPS’s status to threatened (71 FR 834; January 5, 2006). We published proposed and final rules applying ESA section 4(d) protections to the DPS on June 14, 2004 and February 1, 2006, respectively (69 FR 33102; 71 FR 5178). In 2007, a Federal district court set aside the downgraded listing; however, in 2009, the Ninth Circuit Court of Appeals reversed the district court’s decision, thereby reinstating the January 2006 threatened listing and February 2006 protective regulations. On August 24, 2009, we published a Federal Register document summarizing the results of the litigation and the ESA status reviews and clarifying that the January 2006 threatened listing and February 2006 protective regulations remain in effect for the DPS (74 FR 42605). E:\FR\FM\07MRR1.SGM 07MRR1 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations In our August 2009 Federal Register notice, we explained that, due to a previous clerical error, the Upper Columbia River steelhead DPS had been inadvertently dropped from the enumeration of threatened species at 50 CFR 223.102(c). The August 2009 notice included a correcting amendment to reinstate the Upper Columbia River steelhead DPS to our list of threatened species at 50 CFR 223.102(c)(25). That correcting amendment, however, failed to update the cross-references at 50 CFR 223.203, which identifies the threatened anadromous fish subject to protections under ESA section 4(d). This correcting amendment remedies that oversight. WReier-Aviles on DSKGBLS3C1PROD with RULES Classification The Assistant Administrator finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public comment, because it is impracticable, unnecessary, and contrary to the public interest. NMFS fully intended the Upper Columbia River steelhead DPS to be subject to the ESA section 4(d) protections and expressly stated this intent in the February 2006 final rule. NMFS also previously provided public notice in the Federal Register and considered public comments on the 2006 final rule. However, due to a clerical error, the conforming change is not currently reflected in the regulations. In order to avoid regulatory confusion and ensure continuous protections and enforcement capability for the Upper Columbia River steelhead DPS, the Assistant Administrator waives the requirement for prior notice and opportunity for public comment. For the same reasons above, the Assistant Administrator finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and makes this rule effective immediately upon publication. Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. It has been determined that this rule is not significant for purposes of Executive Order 12866. References Copies of previous Federal Register notices and related reference materials are available on the Internet at https:// www.nwr.noaa.gov, or upon request (see FOR FURTHER INFORMATION CONTACT section above). VerDate Mar<15>2010 13:59 Mar 04, 2011 Jkt 223001 12293 AGENCY: length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2011 total allowable catch of Pacific cod to be harvested. DATES: Effective March 1, 2011, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2011. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season apportionment of the 2011 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the Bering Sea and Aleutian Islands management area (BSAI) is 1,710 metric tons (mt) for the period 1200 hrs, A.l.t., January 1, 2011, through 1200 hrs, A.l.t., April 30, 2011, as established by the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011). The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 1,500 mt of the A season apportionment of the 2011 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,500 mt of Pacific cod from the A season jig gear apportionment to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hookand-line or pot gear. The harvest specifications for Pacific cod included in the final 2011 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) are revised as follows: 810 mt to the A season apportionment for vessels using jig gear and 5,555 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment List of Subjects in 50 CFR Part 223 Endangered and threatened species, Exports, Imports, Transportation. Dated: March 1, 2011. Samuel D. Rauch III, Deputy Assistant Administrator for Fisheries for Regulatory Programs, National Marine Fisheries Service. For the reasons set forth in the preamble, 50 CFR part 223 is corrected by making the following correcting amendment: PART 223—THREATENED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 223 continues to read as follows: ■ Authority: 16 U.S.C. 1531–1543. 2. In § 223.203, paragraphs (a) and (b) are revised to read as follows: ■ § 223.203 Anadromous fish. * * * * * (a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) relating to endangered species apply to fish with an intact adipose fin that are part of the threatened species of salmonids listed in § 223.102(c)(3) through (c)(25). (b) Limits on the prohibitions. The limits to the prohibitions of paragraph (a) of this section relating to threatened species of salmonids listed in § 223.102(c)(3) through (c)(25) are described in the following paragraphs (b)(1) through (b)(13): * * * * * [FR Doc. 2011–5109 Filed 3–4–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA260 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1

Agencies

[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12292-12293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5109]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 101207606-1138-02]
RIN 0648-XA082


Listing Endangered and Threatened Species: Correction To Codify 
in the Code of Federal Regulations Application of Take Prohibitions to 
the Upper Columbia River Steelhead Distinct Population Segment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: We, NMFS, announce a correcting amendment to the Code of 
Federal Regulations to clarify that take prohibitions under section 
4(d) of the Endangered Species Act of 1973 (ESA) apply to the Upper 
Columbia River steelhead distinct population segment (DPS).

DATES: Effective March 7, 2011.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice contact Eric Murray, NMFS, Northwest Region, 503-231-2378; or 
Marta Nammack, NMFS, Office of Protected Resources, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background and Correcting Amendment

    We first listed the Upper Columbia River steelhead DPS under the 
ESA in 1997 as an endangered species (62 FR 43937; August 18, 1997). In 
January 2006, we conducted a status review and downgraded the DPS's 
status to threatened (71 FR 834; January 5, 2006). We published 
proposed and final rules applying ESA section 4(d) protections to the 
DPS on June 14, 2004 and February 1, 2006, respectively (69 FR 33102; 
71 FR 5178). In 2007, a Federal district court set aside the downgraded 
listing; however, in 2009, the Ninth Circuit Court of Appeals reversed 
the district court's decision, thereby reinstating the January 2006 
threatened listing and February 2006 protective regulations. On August 
24, 2009, we published a Federal Register document summarizing the 
results of the litigation and the ESA status reviews and clarifying 
that the January 2006 threatened listing and February 2006 protective 
regulations remain in effect for the DPS (74 FR 42605).

[[Page 12293]]

    In our August 2009 Federal Register notice, we explained that, due 
to a previous clerical error, the Upper Columbia River steelhead DPS 
had been inadvertently dropped from the enumeration of threatened 
species at 50 CFR 223.102(c). The August 2009 notice included a 
correcting amendment to reinstate the Upper Columbia River steelhead 
DPS to our list of threatened species at 50 CFR 223.102(c)(25). That 
correcting amendment, however, failed to update the cross-references at 
50 CFR 223.203, which identifies the threatened anadromous fish subject 
to protections under ESA section 4(d). This correcting amendment 
remedies that oversight.

Classification

    The Assistant Administrator finds good cause under 5 U.S.C. 
553(b)(B) to waive prior notice and opportunity for public comment, 
because it is impracticable, unnecessary, and contrary to the public 
interest. NMFS fully intended the Upper Columbia River steelhead DPS to 
be subject to the ESA section 4(d) protections and expressly stated 
this intent in the February 2006 final rule. NMFS also previously 
provided public notice in the Federal Register and considered public 
comments on the 2006 final rule. However, due to a clerical error, the 
conforming change is not currently reflected in the regulations. In 
order to avoid regulatory confusion and ensure continuous protections 
and enforcement capability for the Upper Columbia River steelhead DPS, 
the Assistant Administrator waives the requirement for prior notice and 
opportunity for public comment.
    For the same reasons above, the Assistant Administrator finds good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness and makes this rule effective immediately upon 
publication.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.
    It has been determined that this rule is not significant for 
purposes of Executive Order 12866.

References

    Copies of previous Federal Register notices and related reference 
materials are available on the Internet at https://www.nwr.noaa.gov, or 
upon request (see FOR FURTHER INFORMATION CONTACT section above).

List of Subjects in 50 CFR Part 223

    Endangered and threatened species, Exports, Imports, 
Transportation.

    Dated: March 1, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Fisheries for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set forth in the preamble, 50 CFR part 223 is 
corrected by making the following correcting amendment:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 223 continues to read as follows:

    Authority:  16 U.S.C. 1531-1543.


0
2. In Sec.  223.203, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  223.203  Anadromous fish.

* * * * *
    (a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA 
(16 U.S.C. 1538(a)(1)) relating to endangered species apply to fish 
with an intact adipose fin that are part of the threatened species of 
salmonids listed in Sec.  223.102(c)(3) through (c)(25).
    (b) Limits on the prohibitions. The limits to the prohibitions of 
paragraph (a) of this section relating to threatened species of 
salmonids listed in Sec.  223.102(c)(3) through (c)(25) are described 
in the following paragraphs (b)(1) through (b)(13):
* * * * *
[FR Doc. 2011-5109 Filed 3-4-11; 8:45 am]
BILLING CODE 3510-22-P