Endangered and Threatened Wildlife and Plants; Reinstatement of Listing Protections for the Virginia Northern Flying Squirrel in Compliance With a Court Order, 35349-35350 [2011-15111]
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Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Rules and Regulations
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
1. The authority citation for Part 200,
Subpart A, continues to read in part as
follows:
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Authority: 15 U.S.C. 77o, 77s, 77sss, 78d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, and 7202, unless otherwise noted.
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2. Section 200.30–4, paragraph (a)(14)
is revised to read as follows:
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§ 200.30–4 Delegation of authority to
Director of Division of Enforcement.
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(a) * * *
(14) To submit witness immunity
requests to the U.S. Attorney General
pursuant to 18 U.S.C. 6002–6004, and,
upon approval by the U.S. Attorney
General, to seek or, for the period from
June 17, 2011 through December 19,
2012, to issue orders compelling an
individual to give testimony or provide
other information pursuant to
subpoenas that may be necessary to the
public interest in connection with
investigations and related enforcement
actions pursuant to section 22(b) of the
Securities Act of 1933 (15 U.S.C.
77v(b)), section 21(c) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(c)),
section 42(c) of the Investment
Company Act of 1940 (15 U.S.C. 80a–
41(c)) and section 209(c) of the
Investment Advisers Act of 1940 (15
U.S.C. 80b–9(c)).
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By the Commission.
Dated: June 13, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–15030 Filed 6–16–11; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0467]
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Drawbridge Operation Regulations;
Cheesequake Creek, Morgan, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Route 35 Bridge,
SUMMARY:
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18:58 Jun 16, 2011
Jkt 223001
mile 0.0, across Cheesequake Creek at
Morgan, New Jersey. The deviation is
necessary to perform structural and
electrical rehabilitation. This deviation
allows the bridge to remain in the
closed position for four months.
DATES: This deviation is effective from
December 1, 2011 through March 31,
2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0467 and are available online at https://
www.regulations.gov, inserting USCG–
2011–0467 in the ‘‘Keyword’’ and then
clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Joe Arca, Project Officer,
First Coast Guard District,
joe.m.arca@uscg.mil, telephone (212)
668–7165. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The Route
35 Bridge, across Cheesequake Creek,
mile 0.0, at Morgan, New Jersey, has a
vertical clearance in the closed position
of 25 feet at mean high water and 30 feet
at mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.709.
The waterway is predominantly used
by recreational vessels on a seasonal
basis.
The owner of the bridge, the New
Jersey Department of Transportation,
requested a temporary deviation from
the regulations to facilitate structural
and electrical rehabilitation of the
bridge.
The bridge would not be able to open
for vessel traffic for four months during
the prosecution of the bridge
rehabilitation repairs; however, the
repairs will take place during the winter
months, December through March,
when the bridge normally receives no
requests to open.
The Coast Guard published notice of
the proposed four month bridge closure
in the Local Notice to Mariners on April
7, 2011, with a request for comments.
No comments were received.
New Jersey Department of
Transportation held a public
information meeting with the local
marinas and interested parties on March
24, 2011. No objections were received as
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35349
a result of the public information
meeting.
Under this temporary deviation the
Route 35 Bridge may remain in the
closed position for four months from
December 1, 2011 through March 31,
2012. Vessels that can pass under the
bridge in the closed position may do so
at any time.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 31, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–15049 Filed 6–16–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R5–ES–2011–0035;
92220–1113–0000; ABC Code: C6]
RIN 1018–AX80
Endangered and Threatened Wildlife
and Plants; Reinstatement of Listing
Protections for the Virginia Northern
Flying Squirrel in Compliance With a
Court Order
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order that has the effect of reinstating
the regulatory protections under the
Endangered Species Act of 1973 (ESA),
as amended, for the Virginia northern
flying squirrel (Glaucomys sabrinus
fuscus). Pursuant to the District of
Columbia District Court order dated
March 25, 2011, this rule reinstates the
Virginia northern flying squirrel listing
as endangered.
DATES: This action is effective June 17,
2011. However, the court order had
legal effect immediately upon its filing
on March 25, 2011.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov. It will also be
available for inspection, by
appointment, during normal business
hours at U.S. Fish and Wildlife Service,
West Virginia Field Office, 694 Beverly
Pike, Elkins, West Virginia 26241. Call
(304) 636–6586 to make arrangements.
SUMMARY:
E:\FR\FM\17JNR1.SGM
17JNR1
35350
Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Rules and Regulations
For
information contact Deborah Carter,
Project Leader, at our West Virginia
field office (see ADDRESSES) or telephone
(304) 636–6586, extension 12.
Individuals who are hearing impaired or
speech impaired may call the Federal
Relay Service at 1–800–877–8337 for
TTY assistance.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On August 26, 2008, we published a
final rule to remove ESA protections for
the Virginia northern flying squirrel,
more commonly known as the West
Virginia northern flying squirrel
(WVNFS) (73 FR 50226). Additional
background information on the WVNFS,
including previous Federal actions, can
be found in our August 26, 2008, final
rule, https://www.regulations.gov, or at
https://ecos.fws.gov/speciesProfile/
profile/
speciesProfile.action?spcode=A09R.
A lawsuit challenging our final rule
was filed in U.S. District Court for the
District of Columbia. On March 25,
2011, the U.S. District Court for the
District of Columbia vacated and set
aside our 2008 delisting rule (Friends of
Blackwater et al. v. Salazar et al., 1:09–
cv–02122–EGS).
The decision reinstates Federal
protections that were in place prior to
our 2008 delisting. Accordingly,
WVNFS is listed as endangered
throughout its range (50 FR 26999
27002, July 1, 1985; 50 CFR 17.11(h)).
Therefore, take of WVNFS may be
authorized only by a permit obtained
under section 10 of the ESA, or if
exempted by an incidental take
statement within a biological opinion
issued by the Service pursuant to
section 7 of the ESA. We notified all
State and Federal partners of the
decision and its impact shortly after the
order was released. There are no
federally recognized Tribes to notify in
Virginia or West Virginia. We also took
steps to ensure the public was aware of
the decision.
This action is independent of any
decision by the United States or any
interveners in the case to appeal the
March 25, 2011, District of Columbia
District Court ruling.
Effects of the Rule
Administrative Procedure
■
This rulemaking is necessary to
comply with the March 25, 2011, court
order. Therefore, under these
circumstances, the Director has
determined, pursuant to 5 U.S.C.
553(b)(3)(B), that prior notice and
opportunity for public comment are
impractical and unnecessary. The
Director has further determined,
pursuant to 5 U.S.C. 553(d)(3), that the
agency has good cause to make this rule
effective upon publication.
Species
Common name
Vertebrate
population
where endangered or
threatened
Historic
range
Scientific name
As of the filing of the court order,
delisted WVNFS were again listed as
endangered (50 CFR 17.11(h)).
This rule will not affect the status of
WVNFS under State laws or suspend
any other legal protections provided by
State law.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
In order to comply with the court
order discussed above, we amend part
17, subchapter B of chapter I, title 50 of
the CFR, as set forth below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.11 by adding an entry
in the table at paragraph (h) for
‘‘Squirrel, Virginia northern flying’’
under ‘‘MAMMALS’’ as follows:
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§ 17.11
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[Amended]
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(h) * * *
Status
*
When listed
*
Critical
habitat
Special
rules
MAMMALS
*
Squirrel, Virginia northern
flying.
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*
Glaucomys sabrinus
fuscus.
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*
*
*
Entire .............
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U.S.A. (VA,
WV).
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189
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Dated: May 27, 2011.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
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[FR Doc. 2011–15111 Filed 6–16–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35349-35350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15111]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R5-ES-2011-0035; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX80
Endangered and Threatened Wildlife and Plants; Reinstatement of
Listing Protections for the Virginia Northern Flying Squirrel in
Compliance With a Court Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order that has the effect of
reinstating the regulatory protections under the Endangered Species Act
of 1973 (ESA), as amended, for the Virginia northern flying squirrel
(Glaucomys sabrinus fuscus). Pursuant to the District of Columbia
District Court order dated March 25, 2011, this rule reinstates the
Virginia northern flying squirrel listing as endangered.
DATES: This action is effective June 17, 2011. However, the court order
had legal effect immediately upon its filing on March 25, 2011.
ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, West Virginia Field Office, 694 Beverly Pike, Elkins, West
Virginia 26241. Call (304) 636-6586 to make arrangements.
[[Page 35350]]
FOR FURTHER INFORMATION CONTACT: For information contact Deborah
Carter, Project Leader, at our West Virginia field office (see
ADDRESSES) or telephone (304) 636-6586, extension 12. Individuals who
are hearing impaired or speech impaired may call the Federal Relay
Service at 1-800-877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2008, we published a final rule to remove ESA
protections for the Virginia northern flying squirrel, more commonly
known as the West Virginia northern flying squirrel (WVNFS) (73 FR
50226). Additional background information on the WVNFS, including
previous Federal actions, can be found in our August 26, 2008, final
rule, https://www.regulations.gov, or at https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A09R.
A lawsuit challenging our final rule was filed in U.S. District
Court for the District of Columbia. On March 25, 2011, the U.S.
District Court for the District of Columbia vacated and set aside our
2008 delisting rule (Friends of Blackwater et al. v. Salazar et al.,
1:09-cv-02122-EGS).
The decision reinstates Federal protections that were in place
prior to our 2008 delisting. Accordingly, WVNFS is listed as endangered
throughout its range (50 FR 26999 27002, July 1, 1985; 50 CFR
17.11(h)). Therefore, take of WVNFS may be authorized only by a permit
obtained under section 10 of the ESA, or if exempted by an incidental
take statement within a biological opinion issued by the Service
pursuant to section 7 of the ESA. We notified all State and Federal
partners of the decision and its impact shortly after the order was
released. There are no federally recognized Tribes to notify in
Virginia or West Virginia. We also took steps to ensure the public was
aware of the decision.
This action is independent of any decision by the United States or
any interveners in the case to appeal the March 25, 2011, District of
Columbia District Court ruling.
Administrative Procedure
This rulemaking is necessary to comply with the March 25, 2011,
court order. Therefore, under these circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and
opportunity for public comment are impractical and unnecessary. The
Director has further determined, pursuant to 5 U.S.C. 553(d)(3), that
the agency has good cause to make this rule effective upon publication.
Effects of the Rule
As of the filing of the court order, delisted WVNFS were again
listed as endangered (50 CFR 17.11(h)).
This rule will not affect the status of WVNFS under State laws or
suspend any other legal protections provided by State law.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
In order to comply with the court order discussed above, we amend
part 17, subchapter B of chapter I, title 50 of the CFR, as set forth
below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11 by adding an entry in the table at paragraph (h)
for ``Squirrel, Virginia northern flying'' under ``MAMMALS'' as
follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
--------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Squirrel, Virginia northern flying Glaucomys sabrinus U.S.A. (VA, WV)..... Entire.............. E 189 N/A N/A
fuscus.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Dated: May 27, 2011.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-15111 Filed 6-16-11; 8:45 am]
BILLING CODE 4310-55-P
