Endangered and Threatened Wildlife and Plants; Initiation of Status Review for Longfin Smelt, 13121-13122 [2011-5424]

Download as PDF Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules any personal identifiers or contact information. HHS/CDC has posted the NPRM and related materials on their Web site found at http://www.cdc.gov/ncpdcid/ dgmq/index.html. Dated: March 4, 2011. Kathleen Sebelius, Secretary. Issued on: March 4, 2011. Anne S. Ferro, Administrator. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–5421 Filed 3–9–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FR Doc. 2011–5457 Filed 3–9–11; 8:45 am] BILLING CODE 4163–18–P 50 CFR Part 17 Federal Motor Carrier Safety Administration Fish and Wildlife Service, Interior. ACTION: Initiation of status review and solicitation of new information. [Docket No. FMCSA–2010–0167] Electronic On-Board Recorders and Hours of Service Supporting Documents Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of proposed rulemaking (NPRM); extension of comment period. ACTION: This notice extends the public comment period for the NPRM from April 4, 2011 to May 23, 2011. SUMMARY: Comments on the NPRM are due by May 23, 2011. DATES: Ms. Deborah M. Freund, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001 or by telephone at (202) 366–5370. FOR FURTHER INFORMATION CONTACT: On February 17, 2011, the Commercial Vehicle Safety Alliance requested that FMCSA extend the comment period for the Electronic On-Board Recorder and Hours of Service Supporting Documents Notice of Proposed Rulemaking, which published on February 1, 2011 (76 FR 5537), by 45 days. On March 1, 2011, the American Trucking Associations also requested a 45-day extension to the comment period. FMCSA believes that other potential commenters to this rulemaking will benefit from an extension as well. Accordingly, FMCSA extends the comment period for all comments on the NPRM and its related documents to May 23, 2011. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 SUPPLEMENTARY INFORMATION: 14:46 Mar 09, 2011 We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), announce the initiation of a status review for the longfin smelt (Spirinchus thaleichthys). To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding, which will address whether the listing may be warranted, as provided in section 4(b)(3)(B) of the Act. DATES: To allow us adequate time to conduct this review, we request that we receive information on or before April 11, 2011. After this date, you must submit information directly to the Field Office (see FOR FURTHER INFORMATION CONTACT section below). Please note that we may not be able to fully address or incorporate information that we receive after the above requested date. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for Docket No. FWS–R8–ES–2011–0008 and then follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R8– ES–2011–0008; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. 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 Request for Information section below for more details). SUMMARY: RIN 2126–AB20 VerDate Mar<15>2010 Endangered and Threatened Wildlife and Plants; Initiation of Status Review for Longfin Smelt AGENCY: 49 CFR Parts 385, 390, and 395 Jkt 223001 PO 00000 Frm 00022 Fmt 4702 Field Supervisor, San Francisco BayDelta Fish and Wildlife Office, 650 Capitol Mall, Eighth Floor, Sacramento, CA 95814; by telephone at 916–930– 5603; or facsimile at 916–930–5654. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Request for Information [Docket No. FWS–R8–ES–2011–0008; MO 92210–0–0008] DEPARTMENT OF TRANSPORTATION 13121 Sfmt 4702 To ensure the status review is complete and based on the best available scientific and commercial information, we request information on the longfin smelt. We request any additional information from governmental agencies, Native American Tribes, the scientific community, industry, and any other interested parties. We seek information on: (1) The species’ biology, range, and population trends, including: (a) Habitat requirements for feeding, breeding, and sheltering; (b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species or its habitat. (2) The factors that are the basis for making a listing 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. (3) The potential effects global climate change may have on the longfin smelt or its habitat. If, after the status review, we determine that listing the longfin smelt is warranted, we will propose critical habitat (see definition in section 3(5)(A) of the Act), under section 4 of the Act, to the maximum extent prudent and determinable at the time we propose to list the species. Therefore, within the geographical range currently occupied by the longfin smelt, we also request data and information on: E:\FR\FM\10MRP1.SGM 10MRP1 jdjones on DSK8KYBLC1PROD with PROPOSALS-1 13122 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules (1) What may constitute ‘‘physical or biological features essential to the conservation of the species;’’ (2) Where these features are currently found; and (3) Whether any of these features may require special management considerations or protection. In addition, we request data and information on ‘‘specific areas outside the geographical area occupied by the species’’ that are ‘‘essential to the conservation of the species.’’ Please provide specific comments and information as to what, if any, critical habitat you think we should propose for designation if the species is proposed for listing, and why such habitat meets the requirements of section 4 of the Act. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination. Section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ You may submit your information concerning this status review by one of the methods listed in the ADDRESSES section. If you submit information via http://www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. 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 http:// www.regulations.gov. Information and supporting documentation that we received and used in preparing this finding is available for you to review at http:// www.regulations.gov, or you may make an appointment during normal business hours at the U.S. Fish and Wildlife Service, San Francisco Bay-Delta Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Previous Federal Actions On August 8, 2007, the Service received a petition from the Bay Institute, the Center for Biological Diversity, and the Natural Resources Defense Council to list the San VerDate Mar<15>2010 14:46 Mar 09, 2011 Jkt 223001 Francisco Bay-Delta population of the longfin smelt as a distinct population segment (DPS) and to designate critical habitat for the species concurrent with the listing. The petition was clearly identified as a petition for a listing rule and contained the names, signatures, and addresses of the requesting parties. On May 6, 2008, the Service published a 90-day finding (73 FR 24911) in which we concluded that the petition provided substantial information indicating that listing the San Francisco Bay-Delta Population of the longfin smelt as a distinct populations segment (DPS) may be warranted, and we initiated a status review. On April 9, 2009, the Service published a 12-month finding (74 FR 16169) on the petition to list the San Francisco Bay-Delta population of the longfin smelt as a DPS and designate critical habitat for the species concurrent with the listing. We determined that the San Francisco BayDelta population of the longfin smelt did not meet the discreteness criterion of our Policy Regarding the Recognition of Distinct Vertebrate Population Segments (DPS policy) (February 7, 1996, 61 FR 4721), and therefore we did not undertake a significance review, since it is not a valid DPS. On November 13, 2009, the Center for Biological Diversity (CBD) filed a complaint in the U.S. District Court for the Northern District of California, challenging the Service on the merits of the 2009 determination. On February 1, 2011, the Service settled with the Center for Biological Diversity and agreed to conduct a range-wide 12-month finding to be published by September 30, 2011. You may obtain copies of the 2009 determination, and other previous Federal actions relating to the longfin smelt, by mail from the San Francisco Bay-Delta Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section); on the Internet at http:// www.fws.gov/sfbaydelta/; or by visiting the Federal eRulemaking Portal at http://www.regulations.gov. Authors The primary authors of this notice are the staff members of the San Francisco Bay-Delta 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.). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Dated: March 2, 2011. Gregory E. Siekaniec, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2011–5424 Filed 3–9–11; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 110103005–1005–01] RIN 0648–BA48 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; reopening of comment period. AGENCY: NMFS is reopening the comment period to provide additional opportunity for public comment on the proposed rule that would implement a seasonal closure for the Gulf of Mexico (Gulf) greater amberjack recreational sector. The reopening of the comment period is to ensure that the public fully understands the intent of the greater amberjack regulatory amendment. NMFS is reopening the comment period for the proposed rule on March 10, 2011 and it will remain open through March 25, 2011. The intended effect of the proposed rule is to mitigate the social and economic impacts associated with implementing in-season closures. DATES: The comment period for the proposed rule that published on January 24, 2011 (76 FR 4084), and closed on February 23, 2011, will reopen on March 10, 2011 and remain open through March 25, 2011. ADDRESSES: You may submit comments on the proposed rule identified by 0648–BA48 by any of the following methods: • Electronic submissions: Submit electronic comments via the Federal e-Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Rich Malinowski, Southeast Regional Office, NMFS, 263 13th Avenue, South, St. Petersburg, FL 33701. Instructions: All comments received are a part of the public record and will generally be posted to http:// SUMMARY: E:\FR\FM\10MRP1.SGM 10MRP1

Agencies

[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Proposed Rules]
[Pages 13121-13122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5424]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2011-0008; MO 92210-0-0008]


Endangered and Threatened Wildlife and Plants; Initiation of 
Status Review for Longfin Smelt

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Initiation of status review and solicitation of new 
information.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the 
authority of the Endangered Species Act of 1973, as amended (Act), 
announce the initiation of a status review for the longfin smelt 
(Spirinchus thaleichthys). To ensure that the status review is 
comprehensive, we are requesting scientific and commercial data and 
other information regarding this species. Based on the status review, 
we will issue a 12-month finding, which will address whether the 
listing may be warranted, as provided in section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before April 11, 2011. After this 
date, you must submit information directly to the Field Office (see FOR 
FURTHER INFORMATION CONTACT section below). Please note that we may not 
be able to fully address or incorporate information that we receive 
after the above requested date.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for Docket No. FWS-R8-ES-2011-0008 and then follow the 
instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R8-ES-2011-0008; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    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 Request for Information 
section below for more details).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, San Francisco Bay-
Delta Fish and Wildlife Office, 650 Capitol Mall, Eighth Floor, 
Sacramento, CA 95814; by telephone at 916-930-5603; or facsimile at 
916-930-5654. If you use a telecommunications device for the deaf 
(TDD), please call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    To ensure the status review is complete and based on the best 
available scientific and commercial information, we request information 
on the longfin smelt. We request any additional information from 
governmental agencies, Native American Tribes, the scientific 
community, industry, and any other interested parties. We seek 
information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species or its 
habitat.
    (2) The factors that are the basis for making a listing 
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.
    (3) The potential effects global climate change may have on the 
longfin smelt or its habitat.
    If, after the status review, we determine that listing the longfin 
smelt is warranted, we will propose critical habitat (see definition in 
section 3(5)(A) of the Act), under section 4 of the Act, to the maximum 
extent prudent and determinable at the time we propose to list the 
species. Therefore, within the geographical range currently occupied by 
the longfin smelt, we also request data and information on:

[[Page 13122]]

    (1) What may constitute ``physical or biological features essential 
to the conservation of the species;''
    (2) Where these features are currently found; and
    (3) Whether any of these features may require special management 
considerations or protection.
    In addition, we request data and information on ``specific areas 
outside the geographical area occupied by the species'' that are 
``essential to the conservation of the species.'' Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of section 4 
of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. 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 http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding is available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, San Francisco 
Bay-Delta Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Previous Federal Actions

    On August 8, 2007, the Service received a petition from the Bay 
Institute, the Center for Biological Diversity, and the Natural 
Resources Defense Council to list the San Francisco Bay-Delta 
population of the longfin smelt as a distinct population segment (DPS) 
and to designate critical habitat for the species concurrent with the 
listing. The petition was clearly identified as a petition for a 
listing rule and contained the names, signatures, and addresses of the 
requesting parties. On May 6, 2008, the Service published a 90-day 
finding (73 FR 24911) in which we concluded that the petition provided 
substantial information indicating that listing the San Francisco Bay-
Delta Population of the longfin smelt as a distinct populations segment 
(DPS) may be warranted, and we initiated a status review. On April 9, 
2009, the Service published a 12-month finding (74 FR 16169) on the 
petition to list the San Francisco Bay-Delta population of the longfin 
smelt as a DPS and designate critical habitat for the species 
concurrent with the listing. We determined that the San Francisco Bay-
Delta population of the longfin smelt did not meet the discreteness 
criterion of our Policy Regarding the Recognition of Distinct 
Vertebrate Population Segments (DPS policy) (February 7, 1996, 61 FR 
4721), and therefore we did not undertake a significance review, since 
it is not a valid DPS.
    On November 13, 2009, the Center for Biological Diversity (CBD) 
filed a complaint in the U.S. District Court for the Northern District 
of California, challenging the Service on the merits of the 2009 
determination. On February 1, 2011, the Service settled with the Center 
for Biological Diversity and agreed to conduct a range-wide 12-month 
finding to be published by September 30, 2011.
    You may obtain copies of the 2009 determination, and other previous 
Federal actions relating to the longfin smelt, by mail from the San 
Francisco Bay-Delta Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT section); on the Internet at http://www.fws.gov/sfbaydelta/; or by visiting the Federal eRulemaking Portal at http://www.regulations.gov.

Authors

    The primary authors of this notice are the staff members of the San 
Francisco Bay-Delta 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: March 2, 2011.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-5424 Filed 3-9-11; 8:45 am]
BILLING CODE 4310-55-P