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40656 Federal Register / Vol. 71, No.

137 / Tuesday, July 18, 2006 / Rules and Regulations

the Secretary’s position with respect to proceedings. The decision shall be in SUPPLEMENTARY INFORMATION: DoD
any disputed plan provision; and a copy writing and shall include all findings of Directive 1340.17, which was originally
of the accident response plan indicating fact and conclusions of law, and the codified in the CFR as 32 CFR part 54,
all disputed and agreed-upon reasons or bases for them, on all the has been removed from the DoD
provisions. material issues of fact, law or discretion Directives System. The sentence added
(c) Filing and service of pleadings. presented by the record, and an order. to inform readers that were previously
Filing with the Commission of any The decision shall include a ruling, if a used to making cross-reference to the
document in an accident response plan party has so moved, on whether Directive will now know where to locate
dispute proceeding is effective upon inclusion of the disputed provision in additional information.
receipt. A copy of each document filed the plan shall be limited, and its effect
with the Commission in such a List of Subjects in 32 CFR Part 54
stayed, by any appeal taken pursuant to
proceeding shall be expeditiously paragraph (f) of this section. As far as is Alimony, Child support, Military
served on all parties, such as by practicable, the decision of the Judge personnel, Reporting and recordkeeping
personal delivery, including courier shall otherwise be subject to the requirements, Wages.
service, by express mail, or by facsimile provisions of § 2700.69. ■Accordingly, 32 CFR part 54 is
transmission. (2) The parties shall be notified of the amended as follows:
(d) Submission of materials. Judge’s decision by the most
(1) Within 15 calendar days of the expeditious means reasonably available. PART 54—ALLOTMENTS FOR CHILD
referral, the parties shall submit to the Service of the decision shall be by AND SPOUSAL SUPPORT
Judge assigned to the matter all relevant certified or registered mail, return
materials regarding the dispute. Such receipt requested. ■ 1. The authority citation for 32 CFR
submissions shall include a motion for (f) Review of decision. Any party may part 54 continues to read as follows:
any relief sought, including any request seek review of a Judge’s decision by Authority: 15 U.S.C. 1673, 37 U.S.C. 101,
to stay the effect of a disputed provision filing with the Commission a petition 42 U.S.C. 665.
pending any appeal taken pursuant to for discretionary review pursuant to ■ 2. Section 54.1 is amended by adding
paragraph (f) of this section, and may § 2700.70 and § 2700.75. The a sentence at the end of the section to
include proposed findings of fact and Commission shall act upon a petition on read as follows:
conclusions of law. Such materials may an expedited basis. If review is granted,
be supported by affidavits or other the Commission shall issue a briefing § 54.1 Purpose.
verified documents, and shall specify order. Except under extraordinary * * * The policy and procedures for
the grounds upon which the party seeks circumstances, the Commission will not this part are also located in the DoD
relief. Supporting affidavits shall be grant motions for extension of time for Financial Management Regulation
made on personal knowledge and shall filing briefs. (‘‘DoDFMR’’), Volume 7B, Chapter 43,
show affirmatively that the affiant is section 4304, ‘‘Allotments for Child
competent to testify to the matters Dated: July 12, 2006.
Support and Spousal Support’’ (DoD
stated. Michael F. Duffy,
7000.14–R).
(2) Hearing. Chairman, Federal Mine Safety and Health
(i) Within 5 calendar days following Review Commission. Dated: July 12, 2006.
the Secretary’s referral, any party may [FR Doc. E6–11300 Filed 7–17–06; 8:45 am] L.M. Bynum,
request a hearing and shall so advise the BILLING CODE 6735–01–P OSD Federal Register Liaison Officer,
Commission’s Chief Administrative Law Department of Defense.
Judge or his designee, and [FR Doc. E6–11323 Filed 7–17–06; 8:45 am]
simultaneously notify the other parties. DEPARTMENT OF DEFENSE BILLING CODE 5001–06–P
(ii) Within 5 calendar days following
the Secretary’s referral, the Office of the Secretary
Commission’s Chief Administrative Law DEPARTMENT OF DEFENSE
Judge or his designee may issue an order [DoD–2006–OS–0074]
scheduling a hearing on the Judge’s own Office of the Secretary
motion, and must immediately so notify 32 CFR Part 54
[DoD–2006–OS–0093]
the parties. Allotments for Child Support and
(iii) If a hearing on the referral is 32 CFR Part 78
Spousal Support
requested or ordered, the hearing shall
be held within 15 calendar days of the AGENCY: Department of Defense. Voluntary State Tax Withholding From
referral. The scope of a hearing on an ACTION: Final rule.
Retired Pay
accident response plan dispute referral
AGENCY: Department of Defense.
is limited to the disputed plan provision SUMMARY: The Department of Defense is
or provisions. If no hearing is held, the administratively amending 32 CFR part ACTION: Final rule.
Judge assigned to the matter shall 54, ‘‘Allotments for Child Support and SUMMARY: The Department of Defense is
review the materials submitted by the Spousal Support’’ to identify the administratively amending 32 CFR Part
parties pursuant to paragraph (d)(1) of location of the policy and procedures 78, ‘‘Voluntary State Tax Withholding
this section, and shall issue a decision for Allotments for Child Support and From Retired Pay’’ to identify the
pursuant to paragraph (e) of this section. Spousal Support in the DoD Directives location of the policy and procedures
(e) Decision of the Judge. System. All other information remains
(1) Within 15 calendar days following for Voluntary State Tax Withholding
unchanged.
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receipt by the Judge of all submissions from Retired Pay in the DoD Directives
and testimony made pursuant to DATES: This rule is effective July 18, System. All other information remains
paragraph (d) of this section, the Judge 2006. unchanged.
shall issue a decision that constitutes FOR FURTHER INFORMATION CONTACT: DATES: This rule is effective July 18,
the Judge’s final disposition of the L. Bynum, 703–696–4970. 2006.

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Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Rules and Regulations 40657

FOR FURTHER INFORMATION CONTACT: L. special rule under section 4(d) of the likely to become an endangered species
Bynum, 703–696–4970. Act that would apply to Gila trout found within the foreseeable future throughout
SUPPLEMENTARY INFORMATION: DoD in New Mexico and Arizona. This all or a significant portion of its range.
Directive 1332.34, which was originally special rule will enable the New Mexico A species includes any subspecies of
codified in the CFR as 32 CFR part 78, Department of Game and Fish (NMDGF) fish or wildlife or plants, and any
has been removed from the DoD and the Arizona Game and Fish distinct population segment of any
Directives System. The sentence added Department (AGFD) to promulgate species of vertebrate fish or wildlife that
to inform readers that were previously special regulations in collaboration with interbreeds when mature.
used to making cross-reference to the the Service, allowing recreational Previous Federal Action
Directive will now know where to locate fishing of Gila trout.
additional information. DATES: This final rule is effective on
The Gila trout was originally
August 17, 2006. recognized as endangered under the
List of Subjects in 32 CFR Part 78 Federal Endangered Species
ADDRESSES: Comments and materials
Income taxes, Intergovernmental Preservation Act of 1966 (March 11,
received, as well as supporting 1967; 32 FR 4001), and Federal
relations, Military personnel, Pensions. documentation used in preparation of designation of the species as endangered
■ Accordingly, 32 CFR part 78 is this final rule, are available for public continued under the Act (1973). In
amended as follows: inspection, by appointment, during 1987, the Service proposed to reclassify
normal business hours, at the New the Gila trout as threatened (October 6,
PART 78—VOLUNTARY STATE TAX Mexico Ecological Services Field Office,
WITHHOLDING FROM RETIRED PAY 1987; 52 FR 37424). However, we
2105 Osuna Road NE, Albuquerque, withdrew our proposal for
■ 1. The authority citation for 32 CFR New Mexico 87113. reclassification on September 12, 1991
part 78 continues to read as follows: You may obtain copies of this final (56 FR 46400) (see ‘‘Recovery Plans and
rule from the New Mexico Ecological Accomplishments’’ section below for
Authority: 10 U.S.C. 1045. Services Field Office at the address further information). On November 11,
■ 2. Section 78.1 is amended by adding provided above, by calling (505) 346– 1996, Mr. Gerald Burton submitted a
a sentence at the end of the section to 2525, or from our Web site at http:// petition to us to downlist the species
read as follows: www.fws.gov/ifw2es/NewMexico/. from endangered to threatened. We
FOR FURTHER INFORMATION CONTACT: acknowledged receipt of the petition by
§ 78.1 Purpose. Field Supervisor, New Mexico letter on January 13, 1997. On May 11,
* * * The policy and procedures for Ecological Services Field Office (see 2005, we published a proposed rule to
this part are also located in the DoD ADDRESSES) (telephone 505/346–2525, downlist the species, which constituted
Financial Management Regulation facsimile 505/346–2542). our 90-day and 12-month findings on
(‘‘DoDFMR’’), Volume 7B, Chapter 26, SUPPLEMENTARY INFORMATION: the November 11, 1996, petition (70 FR
‘‘State and Local Taxes’’ (DoD 7000.14– 24750).
R). Background
In the May 11, 2005, proposed rule
Dated: July 12, 2006. The purposes of the Act (16 U.S.C. (70 FR 24750), we requested all
L.M. Bynum, 1531 et seq.) are to provide a means interested parties to submit comments
OSD Federal Register Liaison Officer, whereby the ecosystems upon which or information concerning the proposed
Department of Defense. endangered and threatened species reclassification of the Gila trout from
[FR Doc. E6–11324 Filed 7–17–06; 8:45 am] depend may be conserved and to endangered to threatened. We published
provide a program for the conservation notices, announcing the proposal and
BILLING CODE 5001–06–P
of those species. A species can be listed inviting public comment, in the
as threatened or endangered for any of Albuquerque Journal and the Arizona
the following factors: (1) The present or Republic. In addition, we contacted
DEPARTMENT OF THE INTERIOR threatened destruction, modification, or interested parties (including elected
Fish and Wildlife Service curtailment of its habitat or range; (2) officials, Federal and State agencies,
overutilization for commercial, local governments, scientific
50 CFR Part 17 recreational, scientific, or educational organizations, and interest groups)
purposes; (3) disease or predation; (4) through a press release and related fact
RIN 1018–AH57 the inadequacy of existing regulatory sheets, faxes, mailed announcements,
mechanisms; and (5) other natural or telephone calls, and e-mails. The public
Endangered and Threatened Wildlife manmade factors affecting its continued comment period on the proposal closed
and Plants; Reclassification of the Gila existence. When we determine that on July 15, 2005.
Trout (Oncorhynchus gilae) From protection of a species under the Act is
Endangered to Threatened; Special no longer warranted, we take steps to Systematics
Rule for Gila Trout in New Mexico and remove (delist) the species from the The Gila trout is a member of the
Arizona Federal list. If a species is listed as salmon and trout family (Salmonidae).
AGENCY: Fish and Wildlife Service, endangered, we may reclassify it to Gila trout was not formally described
Interior. threatened status as an intermediate until 1950, using fish collected in Main
ACTION: Final rule. step before eventual delisting; however, Diamond Creek in 1939 (Miller 1950). It
reclassification to threatened status is is most closely related to Apache trout
SUMMARY: We, the U.S. Fish and not required in order to delist. (Oncorhynchus apache), which is
Wildlife Service (Service), are Section 3 of the Act defines terms that endemic to the upper Salt and Little
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reclassifying the federally endangered are relevant to this final rule. An Colorado River drainages in east-central
Gila trout (Oncorhynchus gilae) to endangered species is any species that Arizona. Gila trout and Apache trout are
threatened status under the authority of is in danger of extinction throughout all more closely related to rainbow trout (O.
the Endangered Species Act of 1973, as or a significant portion of its range. A mykiss) than to cutthroat trout (O.
amended (Act). We are also finalizing a threatened species is any species that is clarki), suggesting that Gila and Apache

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