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7236 Federal Register / Vol. 73, No.

26 / Thursday, February 7, 2008 / Proposed Rules

action’’ and therefore is not subject to promulgated air quality standards and interpretation of the term ‘‘significant
review by the Office of Management and monitoring procedures that otherwise portion of the range’’ of a species. The
Budget. For this reason, this action is satisfy the provisions of the Clean Air status review will include analysis of
also not subject to Executive Order Act. whether any significant portion of the
13211, ‘‘Actions Concerning Regulations This proposed rule does not impose range of the Bonneville cutthroat trout
That Significantly Affect Energy Supply, an information collection burden under warrants listing as threatened or
Distribution, or Use’’ (66 FR 28355, May the provisions of the Paperwork endangered under the Endangered
22, 2001). This action proposes to make Reduction Act of 1995 (44 U.S.C. 3501, Species Act of 1973, as amended (Act).
a determination based on air quality et seq.) Through this action, we encourage all
data, and would, if finalized, result in Under Executive Order 12898, EPA interested parties to provide us
the suspension of certain Federal finds that this rule involves a proposed information regarding the status of, and
requirements. Accordingly, the determination of attainment based on any potential threats to, the Bonneville
Administrator certifies that this rule air quality data and will not have cutthroat trout throughout its range, or
will not have a significant economic disproportionately high and adverse any significant portion of its range.
impact on a substantial number of small human health or environmental effects DATES: To be fully considered for the 12-
entities under the Regulatory Flexibility on any communities in the area, month finding, comments must be
Act (5 U.S.C. 601, et seq.). Because this including minority and low-income submitted on or before April 7, 2008.
rule proposes to make a determination communities. ADDRESSES: You may submit comments
based on air quality data, and would, if
List of Subjects in 40 CFR Part 52 by one of the following methods:
finalized, result in the suspension of • Federal eRulemaking Portal: http://
certain Federal requirements, it does not Environmental protection, Air
www.regulations.gov. Follow the
contain any unfunded mandate or pollution control, Intergovernmental
instructions for submitting comments.
significantly or uniquely affect small relations, Nitrogen dioxide, Ozone, • U.S. mail or hand-delivery: Public
governments, as described in the Reporting and recordkeeping Comments Processing, Attn: FWS–R6–
Unfunded Mandates Reform Act of 1995 requirements, Volatile organic ES–2008–0023; Division of Policy and
(Pub. L. 104–4). compounds. Directives Management; U.S. Fish and
This proposed rule also does not have Authority: 42 U.S.C. 7401, et seq. Wildlife Service; 4401 N. Fairfax Drive,
tribal implications because it will not
Dated: January 30, 2008. Suite 222; Arlington, VA 22203.
have a substantial direct effect on one or
Robert W. Varney, We will not accept e-mail or faxes. We
more Indian tribes, on the relationship
will post all comments on http://
between the Federal Government and Regional Administrator, EPA New England.
www.regulations.gov. This generally
Indian tribes, or on the distribution of [FR Doc. E8–2251 Filed 2–6–08; 8:45 am]
means that we will post any personal
power and responsibilities between the BILLING CODE 6560–50–P
information you provide us (see the
Federal Government and Indian tribes,
as specified by Executive Order 13175 Public Comments section below for
(65 FR 67249, November 9, 2000). This more information).
DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT:
proposed action also does not have
Federalism implications because it does Fish and Wildlife Service Larry Crist, Field Supervisor, Utah Field
not have substantial direct effects on the Office, U.S. Fish and Wildlife Service, at
States, on the relationship between the 50 CFR Part 17 the above address, or phone (801) 975–
national government and the States, or 3330, ext. 126. Additional information
[FWS–R6–ES–2008–0023; 1111 FY07 MO– is available at http://www.fws.gov/
on the distribution of power and
B2] mountain-prairie/species/fish/bct/.
responsibilities among the various
levels of government, as specified in Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION:
Executive Order 13132 (64 FR 43255, and Plants; 12-Month Finding on a Public Comments Solicited
August 10, 1999), because it merely Petition To List the Bonneville
proposes to make a determination based To ensure that the status review is
Cutthroat Trout (Oncorhynchus clarki
on air quality data and would, if complete and based on the best
utah) as Threatened or Endangered
finalized, result in the suspension of available scientific and commercial
certain Federal requirements, and does AGENCY: Fish and Wildlife Service, information, we are soliciting
not alter the relationship or the Interior. information concerning the status of the
distribution of power and ACTION: Notice; initiation of status Bonneville cutthroat trout. We request
responsibilities established in the Clean review, and solicitation of new any additional information, comments,
Air Act. This proposed rule also is not information. and suggestions from the public, other
subject to Executive Order 13045 concerned governmental agencies,
‘‘Protection of Children from SUMMARY: We, the U.S. Fish and Native American Tribes, the scientific
Environmental Health Risks and Safety Wildlife Service (Service), announce the community, industry, or any other
Risks’’ (62 FR 19885, April 23, 1997), opening of a public comment period interested parties. We are opening a 60-
because it proposes to determine that air regarding the status of the Bonneville day comment period to allow all
quality in the affected area is meeting cutthroat trout (Oncorhynchus clarki interested parties an opportunity to
Federal standards. utah) throughout its range in the United provide information on the status of the
The requirements of section 12(d) of States. The 12-month finding for this Bonneville cutthroat trout throughout
subspecies, published in the Federal
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the National Technology Transfer and its range, including:


Advancement Act of 1995 (15 U.S.C. Register on October 9, 2001, has been (1) Information regarding the species’
272 note) do not apply because it would withdrawn by the Service (Stansell historical and current population status,
be inconsistent with applicable law for Memorandum, August 24, 2007) due to distribution, and trends; its biology and
EPA, when determining the attainment the subsequent development of a formal ecology; and habitat selection;
status of an area, to use voluntary opinion (Department of the Interior, (2) Information on the effects of
consensus standards in place of March 16, 2007) regarding the legal potential threat factors that are the basis

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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 7237

for a species’ listing determination extent practicable, within 90 days after information, support it with
under section 4(a) of the Act (16 U.S.C. receiving the petition, the Secretary documentation such as maps,
1531 et seq.), which are: shall make a finding as to whether the bibliographic references, methods used
(a) The present or threatened petition presents substantial scientific to gather and analyze the data, or copies
destruction, modification, or or commercial information indicating of any pertinent publications, reports, or
curtailment of the species’ habitat or that the petitioned action may be letters by knowledgeable sources. We
range; warranted. In addition, that within 12 specifically request information
(b) Overutilization for commercial, months after receiving a petition that is regarding data from any systematic
recreational, scientific, or educational found to present substantial information surveys, as well as any studies or
purposes; indicting that the petitioned action may analysis of data regarding population
(c) Disease or predation; be warranted, the Secretary shall make size or trends; biology or ecology of the
(d) Inadequacy of existing regulatory a finding on whether the petitioned species; effects of current land
mechanisms; and action is: (a) not warranted, (b) management on population distribution
(e) Other natural or manmade factors warranted, or (c) warranted but and abundance; current condition of
affecting its continued existence. precluded by other pending proposals. habitat; and conservation measures that
(3) Information on management Such 12-month findings are to be have been implemented to benefit the
programs for the conservation of the published promptly in the Federal species. Additionally, we specifically
Bonneville cutthroat trout. Register. This notice is to initiate a 12- request information on the current
Please note that comments merely month finding. distribution of populations, and threats
stating support for or opposition to the On October 9, 2001, we announced to the subspecies in relation to the five
action under consideration without our 12-month finding (66 FR 51362) in listing factors (as defined in section
providing supporting information, which we found that, after reviewing 4(a)(1) of the Act).
although noted, will not be considered the best available scientific and
in making a determination, because commercial information, listing the Author
section 4(b)(1)(A) of the Act directs that Bonneville cutthroat trout was not The primary authors of this document
determinations as to whether any warranted. We were sued by the Center are staff of U.S. Fish and Wildlife
species is a threatened or endangered for Biological Diversity on February 17, Service, Utah Field Office—Ecological
species must be made ‘‘solely on the 2005 on the merits of the 12-month Services.
basis of the best scientific and finding. On March 7, 2007, the District
commercial data available.’’ At the Court of Colorado dismissed the lawsuit Authority
conclusion of the status review, we will after determining that Plaintiffs failed to The authority for this action is the
issue a new 12-month finding on the demonstrate the not warranted finding Endangered Species Act of 1973, as
petition, as provided in section was arbitrary, capricious, or contrary to amended (16 U.S.C. 1531 et seq.).
4(b)(3)(B) of the Act. law. Plaintiffs appealed to the 10th
You may submit your comments and Dated: February 1, 2008.
Circuit Court of Appeals. However, due
materials concerning this finding by one to subsequent development of a formal H. Dale Hall,
of the methods listed in the ADDRESSES opinion (Department of the Interior, Director, Fish and Wildlife Service.
section. We will not accept comments March 16, 2007) regarding the legal [FR Doc. E8–2222 Filed 2–6–08; 8:45 am]
you send by e-mail or fax. interpretation of the term ‘‘significant BILLING CODE 4310–55–P
Before including your address, phone portion of the range’’ of a species, we
number, e-mail address, or other withdrew our finding (Stansell
personal identifying information in your Memorandum, August 24, 2007). The DEPARTMENT OF THE INTERIOR
comment, you should be aware that we lawsuit was subsequently dismissed and
will post your entire comment— the case was closed on May 14, 2007. Fish and Wildlife Service
including your personal identifying The new status review will include an
information-on http:// analysis of whether any significant 50 CFR Part 17
www.regulations.gov. While you can ask portion of the range of the Bonneville [FWS–R2–ES–2008–0018; 92210–1117–
us in your comment to withhold your cutthroat trout warrants listing as 0000–B4]
personal identifying information from threatened or endangered under the Act. RIN 1018–AV25
public review, we cannot guarantee that At this time, we are soliciting new
we will be able to do so. information on the status and potential Endangered and Threatened Wildlife
Comments and materials we receive, threats to the Bonneville cutthroat trout. and Plants; Designation of Critical
as well as supporting documentation we Information submitted in response to Habitat for the Devils River Minnow
used in preparing this finding, will be our 2001 12-month finding will be (Dionda diaboli)
available for public inspection on considered and need not be
http://www.regulations.gov, or by resubmitted. We will base our 12-month AGENCY: Fish and Wildlife Service,
appointment, during normal business finding on a review of the best scientific Interior.
hours, at the U.S. Fish and Wildlife and commercial information available, ACTION: Proposed rule; reopening of
Service’s Utah Field Office, 2369 West including all information received as a comment period, notice of availability
Orton Circle, Suite 50, West Valley City, result of this notice. For more of draft economic analysis, amended
Utah 84119, telephone (801) 975–3330. information on the biology, habitat, and required determinations, and notice of
range of the Bonneville cutthroat trout, public hearing.
Background
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please refer to our previous 12-month


Section 1533(b)(3)(A) and (B) of the finding published in the Federal SUMMARY: We, the U.S. Fish and
Endangered Species Act of 1973, as Register on October 9, 2001 (66 FR Wildlife Service (Service), announce the
amended (Act) (16 U.S.C. 1531 et seq.), 51362). reopening of the comment period on the
requires that, for any petition to revise We request any new information proposed designation of critical habitat
the Lists of Threatened and Endangered concerning the status of the Bonneville for the Devils River minnow (Dionda
Wildlife and Plants, to the maximum cutthroat trout. If you submit diaboli) under the Endangered Species

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