Department of the Interior March 2011 – Federal Register Recent Federal Regulation Documents

In accordance with the requirements of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), invite the public to comment on an application for a permit to conduct enhancement of survival activities with an endangered species.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare either an Environmental Impact Statement (EIS) or an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) regarding an expected application from the Town of Apple Valley, CA, for an incidental take permit (ITP) under the Endangered Species Act of 1973 (Act), as amended. The decision to prepare an EIS or EA will be, in part, contingent upon the complexity of issues identified during and following the scoping phase of the NEPA process. We are furnishing this notice to announce the initiation of a public scoping period, during which we invite other agencies, Tribes, and the public to submit written comments providing suggestions and information on the scope of issues and alternatives to be addressed in the EIS or EA.

This notice extends the temporary segregation on 2,480 acres of public lands in Blaine County, Idaho for up to 2 additional years.

We, the Fish and Wildlife Service, announce the availability of the technical/agency draft recovery plan for the endangered gentian pinkroot (Spigelia gentianoides). The draft recovery plan includes specific recovery objectives and criteria the species would have to meet in order for us to downlist it to threatened status under the Endangered Species Act of 1973, as amended (Act). We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.

We (NMFS and USFWS; also collectively referred to as the Services) are extending the date by which a final determination will be made regarding the March 16, 2010, proposed rule to list nine Distinct Population Segments (DPS) of loggerhead sea turtles, Caretta caretta, as endangered or threatened under the Endangered Species Act of 1973, as amended (ESA). We are taking this action because substantial disagreement exists regarding the interpretation of the existing data on status and trends and its relevance to the assessment of risk of extinction to the Northwest Atlantic Ocean DPS of the loggerhead turtle. Additionally, considerable disagreement exists regarding the magnitude and immediacy of the fisheries bycatch threat and measures to reduce this threat to the Northwest Atlantic Ocean DPS of the loggerhead turtle. We are soliciting new information or analyses that will help clarify these issues. Comments previously submitted need not be resubmitted as they already have been incorporated into the public record and will be fully considered in the final rule. The Services believe that allowing an additional 6 months to evaluate and assess the best scientific and commercial data available would better inform our final determination on the listing status of the nine proposed DPSs of the loggerhead turtle.

In accordance with Sec. 102(2)(C) of the National Environmental Policy Act of 1969, and pursuant to the Council on Environmental Quality's regulations (40 CFR parts 1500-08), the National Park Service has prepared a Draft Environmental Impact Statement (Draft EIS) for the proposed extension of the northern waterfront Municipal Railway Historic Streetcar Service. Beginning at Fisherman's Wharf, this proposed railway extension would serve visitors to two popular units of the National Park SystemSan Francisco Maritime National Historical Park and the Fort Mason area of Golden Gate National Recreation Area. This project is being developed in close coordination with San Francisco Municipal Railway (Muni) and other City and County of San Francisco planning and transportation agencies. The course of action proposed would lengthen the historic streetcar F-line approximately .85 mile from Fisherman's Wharf to the San Francisco Maritime National Historical Park and thence to the Golden Gate National Recreation Area. Currently, the F-line serves more than 20,000 passengers daily and is one of Muni's most popular lines, yet does not provide direct access to heavily visited Aquatic Park and Fort Mason Center areas. The intended effect of this proposal is to provide park visitors and transit-dependent city residents with high-quality rail transit that improves transportation access and mobility. In addition to the proposal, the Draft EIS evaluates a No-Action alternative, and documents early consideration of preliminary options not carried forward for analysis. Background: A congressionally-mandated Travel Study completed in 1977 recommended restoring the historic rail link between the Hyde Street Pier and Fort Mason to improve access to various National Park Service (NPS) sites. The rail line was subsequently abandoned (1980), and the area between Hyde Street Pier and the Fort Mason tunnel entrance was designated a National Historic Landmark District in 1987 (which is now encompassed in the San Francisco Maritime National Historical Park created in 1988). Also, in the late 1980s federal highway funds originally intended for extending Interstate 280 were reallocated to a number of alternative transportation facilities along the Embarcadero including creation of an historic streetcar line along Market Street and the Embarcadero to Fisherman's Wharf. In 2000 this service was extended to Fisherman's Wharf. The popularity of the historic streetcars resulted in public and private interest in extending the service to the disjunct NPS areas. The Municipal Railway currently operates historic streetcar service on Market Street and along the San Francisco waterfront (F-Line) to the line's existing terminus in the Fisherman's Wharf area. The proposed expansion would extend west to San Francisco Maritime National Historical Park (NHP) and on to Fort Mason. The NHP is visited by approximately 4 million people annually and is currently served by very popular cable cars (often crowded at peak tourist times) as well as streetcar and bus lines. Fort Mason, home to the Fort Mason Center, houses more than 40 non-profit organizations offering more than 15,000 events a year and attracting upwards of 1.6 million visitors. These areas are underserved by mass transit access, and as a result automobile-based visitation causes massive parking problems that affect surrounding neighborhoods. Furthermore, inadequate mass transit access makes it difficult for transit-dependent San Franciscans to enjoy the cultural and educational events offered at Fort Mason Center. Development of Alternatives: The core team for development of the Draft EIS includes the NPS as the lead federal agency, and San Francisco Municipal Transportation Agency and Federal Transit Administration as cooperating agencies. A Technical Advisory Committee (TAC) was also convened to meet periodically to provide technical support during the various stages of the study and preparation of the EIS. In addition to the cooperators, members of the TAC include representatives from Fort Mason Center, Golden Gate National Parks Conservancy, Market Street Railway, San Francisco Department of Recreation and Parks, and San Francisco County Transportation Authority. Public notification at the onset of the EIS process was made through direct mail to approximately 4,000 persons, organizations, and agencies. Media publicity included announcements in the San Francisco Examiner (May 3, 2006) and San Francisco Chronicle (May 6, 2006). The Notice of Intent formally initiating the conservation planning and environmental impact analysis process was published in the Federal Register on March 29, 2006. Public and agency scoping meetings were held at Fort Mason Officer's Club on May 9, 2006. During the 60-day public scoping period, the NPS received over 100 comments from individuals, organizations representing environmental and recreational interests, and governmental agencies. Based on information obtained during the scoping phase, analysis focused on land use, socioeconomics, transportation and circulation, air quality, noise and vibration, cultural resources, recreation and visitor use, visual and aesthetic resources, night sky visibility and light pollution, geological resources, biological resources, public health and safety, and public services and utilities. The public's primary concerns focused on changes in traffic and parking, impacts on parklands and recreational facilities, noise and vibration, visual impacts, and cultural resources. Information to inform preparation of the Draft EIS was also solicited from the TAC. A total of six preliminary alignments and seven turnaround alternatives were developed as a result of the comments received. This included consideration of other transit modes such as diesel bus and trolley coach. Four additional turnaround alternatives were subsequently developed during the project's TAC meetings. The Draft EIS identifies and analyzes potential consequences of implementing two alternatives. In addition, several preliminary alternatives were considered but dismissed from detailed analysis. Alternative 1, the No-Action ``baseline alternative'' would provide no changes from the existing historic streetcar line and would not provide transit connections to the Fort Mason Center. Alternative 2 (agency-preferred) would extend the existing F-Line from Fisherman's Wharf to the Fort Mason Center. Included are new rail track and associated new platforms and designated stops; retrofitting of the historic State Belt Railroad tunnel; and a turnaround loop. The track extension would include a street-running segment along Beach Street, a transition zone between the street-running segment and the Fort Mason Tunnel segment. Two ``turnaround segment'' options for the terminusNorth Loop (Fort Mason parking lot) and South Loop (Great Meadow)were analyzed during a Value Analysis (VA) workshop held in August of 2010. The VA team focused on: (1) Identifying a ``preferred'' alternative for the streetcar extension turnaround; (2) identifying opportunities to improve value for the project; and (3) confirming sustainable project goals for the NPS. The VA team rated the North Loop turnaround option higher than three variations of the South Loop turnaround option. Other specific project elements include constructing streetcar track for approximately 0.85 miles, construction of 8-9- station platforms, upgrades to the existing Fort Mason Tunnel, and installation of signals, crossings, wires and poles. Comments: This notice serves to formally open the public review and comment phase for the Draft EIS. The public and interested organizations are encouraged to provide written comments on issues and concerns, refinements in alternatives, potential environmental effects and appropriate mitigation measures that would reduce potential impacts. To afford an opportunity to obtain information, a public open house will be hosted on April 20, 2011 from 7-9 p.m. in the Golden Gate Room, Building A, Fort Mason (for directions or information about public transit, please consult the project Web site or contact the Muni Railway Extension Project Manager at (415) 561-2872). All written comments must be postmarked or transmitted not later than 60 days after publication of the EPA's notice of filing in the Federal Registeras soon as this ending date is confirmed it will be announced on the project Web site. The project Web site https://parkplanning.nps.gov/StreetcarExtension provides the most up-to-date information regarding the project, including electronic version of the Draft EIS, planning process updates, meeting notices, reports and documents, and useful links associated with the project. Written comments on the Draft EIS should be mailed to the following address: SuperintendentGGNRA, Attn: Rick Foster, Muni Railway Extension Project Manager, Fort Mason, Bldg. 201, San Francisco, CA 94123. In addition to the project Web site, requests for printed copy of the Draft EIS or to be included on the project mailing list can be accommodated by contacting the Muni Railway Extension Project Manager at (415) 561-2872. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Decision Process: Availability of the Draft EIS for a 60-days public review will be formally announced through publication of this Notice of Availability, through local and regional news media, via the project Web site, and direct mailing to the project mailing list. Following due consideration of all public and agency comments, a Final EIS will be prepared. As a delegated EIS the official responsible for the final decision regarding the proposed extension is the Regional Director, Pacific West Region. Subsequently the officials responsible for implementation will be the Superintendents of Golden Gate National Recreation Area and San Francisco Maritime National Historical Park.

The Department of the Interior (DOI) is proposing to revise the Department of the Interior Acquisition Regulation (DIAR) in order to make minor corrections to DOI acquisition procedures to be consistent with the Federal Acquisition Regulation (FAR), and to add a new clause covering contract administration roles and responsibilities. Some DIAR coverage is being revised and obsolete material is being removed.

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northeast California Resource Advisory Council will meet as indicated below.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.

The U.S. Fish and Wildlife Service (Service) adds the bighead carp (Hypophthalmichthys nobilis), a large fish native to eastern Asia, to the list of injurious fish, mollusks, and crustaceans. The importation into the United States and interstate transportation between States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of all forms of live bighead carp, gametes, viable eggs, and hybrids thereof is prohibited, except by permit for zoological, education, medical, or scientific purposes (in accordance with permit regulation at 50 CFR 16.22) or by Federal agencies without a permit solely for their own use.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the designated critical habitat for the Pacific Coast population of the Western Snowy Plover (Pacific Coast WSP) (Charadrius alexandrinus nivosus) under the Endangered Species Act of 1973, as amended (Act). The areas identified in this proposed rule constitute a revision of the areas designated as critical habitat for the Pacific Coast WSP, published in the Federal Register on September 29, 2005. In the final rule, we designated a total of 12,145 acres (ac) (4,915 hectares (ha)) of critical habitat range-wide in 32 units in Washington, Oregon, and California. We are now proposing to revise the existing critical habitat to a total of 68 units totaling approximately 28,261 ac (11,436 ha). The area breakdown by State is as follows: Washington: 6,265 ac (2,497 ha) in 4 units; Oregon: 5,219 ac (2,112 ha) in 13 units; and California: 16,777 ac (6,789 ha) in 51 units.

As required by the Paperwork Reduction Act, the Bureau of Indian Education (BIE), U.S. Department of the Interior (Interior) is submitting a proposed information collection related to the Individuals with Disabilities Education Improvement Act (IDEIA) to the Office of Management and Budget (OMB) for review. The IDEIA provides that the Secretary of the Interior will allocate funding for the coordination of assistance for special education and related services for American Indian children 0 to 5 years of age with disabilities on reservations served by elementary schools for Indian children that are operated or funded by the Department of the Interior (``Bureau-funded schools''). The BIE allocates this funding to Tribes and Tribal organizations. In support of this allocation, the BIE collects information on the number of American Indian children 0 to 5 years of age with disabilities on reservations served by Bureau-funded schools. This notice requests comments on that information collection.

The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.

Notice is hereby given in accordance with the Federal Advisory Committee Act [5 U.S.C. Appendix (1988)], that a meeting of the Landmarks Committee of the National Park System Advisory Board will be held beginning at 1 p.m. on May 24, 2011, at the following location. The meeting will continue beginning at 9 a.m. on May 25 and 26, 2011.

The Department of the Interior (Department) gives notice that the Assistant Secretary-Indian Affairs (AS-IA) has determined the petitioner known as the Juane[ntilde]o Band of Mission Indians, Acjachemen Nation, is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in the applicable regulations, and therefore, does not meet the requirements for a government-to-government relationship with the United States.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 250, ``Increased Safety Measures for Oil and Gas Drilling, Well-Completion, and Well-Workover Operations,'' and related documents. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Sunkhaze Meadows National Wildlife Refuge (NWR) and Carlton Pond Waterfowl Production Area (WPA). We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Resource Advisory Councils (RAC) that have member terms expiring this year. The RACs provide advice and recommendations to the BLM on land use planning and management of the National System of Public Lands within their geographic areas. The BLM will accept public nominations for 45 days after the publication of this notice.

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) is reopening the comment period on the RFI in Commercial Wind Energy Leasing Offshore Massachusetts and Invitation for Comments from Interested and Affected Parties.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969, as amended, the Department of the Interior, the Central Utah Water Conservancy District, and the Utah Reclamation Mitigation and Conservation Commission, as joint leads, are initiating an Environmental Assessment of the impacts associated with the proposed restoration of the eastern portion of Lower Hobble Creek, near Springville, Utah. This restoration effort is intended to facilitate the recovery of the June Sucker (Chasmistes liorus), a Federally listed endangered species, through improvement of spawning habitat and maintenance of stream flow. It is anticipated that the resultant effort would include the possible restoration of approximately 2 miles of stream channel, potential modification or removal of several existing barriers to fish passage, and enhancement of the existing water supply.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a Comprehensive Conservation Plan (CCP) and an Environmental Impact Statement (EIS) for the San Luis Valley National Wildlife Refuge Complex (Complex) in Alamosa, Colorado. The Complex comprises Baca, Monte Vista, and Alamosa National Wildlife Refuges (NWRs).We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.